Citation and commencement

1. This Order may be cited as the Wireless Telegraphy Apparatus(Approval) (Test Fees) Order 1991 and shall come into force on 1st May1991.

Revocation, amendment and transitional provisions

2.-(1) Subject to paragraph (3) below, the Wireless Telegraphy Apparatus(Approval) (Test Fees) Order 1988(2) is hereby revoked.

(2) The Wireless Telegraphy Apparatus (Approval) (Test Fees) Order 1990(3) is hereby amended by the deletion of article 4.

(3) Where, for the purpose of the determination of an application forapproval received by the Secretary of State on or before 30th April1991, the whole or part of any test of apparatus is conducted on orafter the coming into force hereof, the fee to be charged in respect ofthe whole of that test shall be the fee provided for in the WirelessTelegraphy Apparatus (Approval) (Test Fees) Order 1988.

Interpretation

3.-(1) In this Order-

"the Act" means the Telecommunications Act 1984;

"apparatus" means wireless telegraphy apparatus or apparatus designed oradapted for use in connection with wireless telegraphy apparatus;

"approval" means approval under section 84 of the Act;

"fixed service" means a radiocommunication service between one fixed point and oneor more other fixed points other than a service consisting in the makingof a broadcast of sounds or visual images intended for generalreception; and

"test fee" shall be construed in accordance with article 5(1).

(2) For the purposes of this Order-

(a)the setting up and dismantling of the apparatus tested and anyother equipment required to conduct a test;

(b)the analysis of test results;

(c)the compiling of a test report; and

(d)unpacking and repacking the apparatus tested,

shall be treated as part of the test, and time reasonably spent intravel wholly undertaken for the purposes of conducting a test shall betreated as time taken in conducting the test.

(3) For the purposes of calculating a test fee pursuant to this Order,each period of time taken by each person involved in conducting the testshall be counted separately, and the total for each person beaggregated, and the aggregate for all persons involved divided intocomplete periods of 15 minutes, with any remaining period of 7.5 minutesor more but less than 15 minutes being counted as a complete period of15 minutes, and any remaining period of less than 7.5 minutes beingdisregarded.

Application

4.-(1) Subject to paragraph (2) below, this Order applies to the chargingof fees ("test fees") in respect of the testing of apparatus conducted by the Secretaryof State for the purpose of determining an application for approval.

(2) Nothing in this Order shall apply to the test fees to be charged inrespect of the testing of apparatus designed or adapted for use in afixed service.

Test fees

5.-(1) The test fee shall be the sum of-

(a)the amount calculated in accordance with paragraph (2) below;and

(b)an amount equal to the value added tax chargeable on the supply ofthat testing.

(2) The amount to be included in the test fee for the purposes ofparagraph (1)(a) above shall be £12.50 per 15 minutes taken inconducting the test, subject to-

(a)a minimum of £180; and

(b)a maximum of £8,000.

(3) For the purposes of this article, the value of the supply of testingby reference to which value added tax is chargeable shall be the amountcalculated in accordance with paragraph (2) above.

(4) The Secretary of State shall, on receipt of an application forapproval in the course of the determination of which he is to conductthe testing of apparatus, estimate in complete periods of 15 minutes thetime to be taken in conducting the test and thereby estimate the amountof the test fee, and shall serve an invoice on the applicant for theamount so estimated, which shall thereupon be due and payable by theapplicant to the Secretary of State.

(5) If the estimate of the test fee made pursuant to paragraph (4) abovefalls short of the test fee calculated in accordance with paragraph (1),the Secretary of State shall, on completion of the test, serve a finalinvoice on the applicant for the remainder of the test fee, which shallthereupon, and before disclosure of the test report and notification ofthe result of the application for approval, be due and payable to theSecretary of State.

(6) If the estimate of the test fee made pursuant to paragraph (4) aboveexceeds the test fee calculated in accordance with paragraph (1), theSecretary of State shall, on completion of the test, repay the balanceto the applicant.

Explanatory Note

(This note is not part of the Order)

This Order replaces with effect from 1st May 1991 the WirelessTelegraphy Apparatus (Approval) (Test Fees) Order 1988 (S.I. 1988/1949),which set the test fees payable in respect of wireless telegraphyapparatus other than fixed links, where testing was conducted by theSecretary of State for Trade and Industry in the course of thedetermination of applications for approval under section 84 of theTelecommunications Act 1984.

Article 5 of this Order introduces a single structure for test fees(other than for fixed links), calculated on the basis of£12.50 per 15 minutes taken in conducting the tests, subjectto a minimum of £180 and maximum of £8,000, plus VAT(the total test fee may thus exceed £8,000 after inclusion ofthe VAT). Paragraphs (4) to (6) of article 5 provide for the payment oftest fees in advance of the test in accordance with an estimate, anyshortfall or excess being settled on completion of the test.

Article 2(3) of the Order incorporates a transitional provision. Inrespect of applications for approval involving testing by the Secretaryof State received on or before 30th April 1991, the test fees will be inaccordance with S.I. 1988/1949.

Fees for testing fixed links continue to be set under the WirelessTelegraphy Apparatus (Approval) (Test Fees) Order 1990 (S.I. 1990/889).

For most types of wireless telegraphy apparatus, tests acceptablefor the purposes of application for approval under section 84 may beconducted by certain non-governmental laboratories. The fees in respectof such tests are not covered by this Order; but rather are set by thelaboratories themselves. Details of these laboratories may be obtainedfrom the Radiocommunications Agency, The Department of Trade andIndustry, Waterloo Bridge House, Waterloo Road, London SE1 8UA. Tests bythe Secretary of State for Trade and Industry are generally conducted atthe Radio Technology Laboratory (Kenley), Whyteleafe Hill, Whyteleafe,Surrey CR3 0YY.

Value added tax is payable by the Secretary of State on the testfees set out in this Order pursuant to a Direction of the Treasury undersection 27(2) and (3) of the Value Added Tax Act 1983 (c. 55), made on27th March 1985. The Direction came into force on 1st April 1985 and waspublished in the London Gazette on 17th May 1985. The relevant provisionis under"Department of Trade and Industry" (paragraph 42 in Column 1 of the Direction) at item 9 in Column 2.