BBC (Trustee Election and Licence Fee) Bill [HL]
Official Summary
To make provision for election of the trustees of the BBC by licence fee payers; and in relation to civil enforcement of non-payment of TV licence fees.
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Overview
This bill proposes two key changes: allowing TV licence payers to elect some BBC Trustees, and introducing a civil enforcement system for unpaid TV licence fees, replacing the existing criminal system.
Description
Part 1: Trustee Elections This part mandates the BBC to establish a system for licence fee payers to elect BBC Trustees. The Secretary of State will set the election rules via statutory instrument, subject to parliamentary approval. The Secretary of State will then recommend the elected individuals for appointment as Trustees, with the Trustees selecting a Chairman from amongst themselves.
Part 2: TV Licence Fee Enforcement This part abolishes the current criminal prosecution system for non-payment of the TV licence fee and replaces it with a civil enforcement system. The BBC will become the enforcement authority, using civil enforcement officers (either BBC employees or those contracted by the BBC) to investigate and impose penalty charges for unlicensed TV use. These officers will be required to wear uniform and operate under guidelines set by the Secretary of State. The level of penalty charges will be determined by the BBC within guidelines set by the Secretary of State, with the BBC publishing these levels. The bill makes provisions for notifying individuals of penalty charges, the potential confiscation of television receivers, appeals procedures via an adjudicator, and methods of enforcing payment of the charges, including through certificated bailiffs. The Secretary of State and Lord Chancellor will establish regulations covering various aspects of the civil enforcement system including the appointment, powers and responsibilities of adjudicators.
Government Spending
The bill doesn't directly specify government spending figures. However, the implementation of the new civil enforcement system may require additional resources for the BBC and the government to oversee the process and establish the necessary regulations and adjudication system. The potential cost savings from removing the criminal prosecution aspect are not specified.
Groups Affected
- TV Licence Payers: Gain the right to vote for BBC Trustees. May face civil penalties for non-payment of the licence fee.
- BBC: Takes on responsibility for civil enforcement of licence fees and must create a new election system for Trustees.
- Secretary of State: Responsible for setting regulations for both the elections and the civil enforcement system.
- Lord Chancellor: Responsible for establishing regulations for notification of penalty charges, appeals, and enforcement of penalty charges.
- Civil Enforcement Officers: New role created to enforce TV licence payments.
- Adjudicators: New role responsible for hearing appeals concerning penalties.
- Individuals without a TV Licence: Face civil penalties instead of criminal prosecution for non-payment of the TV licence fee.
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