Statutory Instrument 1992 No. 1875

The Telecommunication Apparatus (Approval Fees) (British Approvals Board for Telecommunications) Order 1992

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© Crown Copyright 1992

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1992 No. 1875

TELECOMMUNICATIONS

The Telecommunication Apparatus (Approval Fees) (British Approvals Board for Telecommunications) Order 1992

Whereas certain licences granted under section 7 of the Telecommunications Act 1984^[1] ( "the Act ") include provisions framed by reference to apparatus for the time being approved under section 22 of the Act for connection to telecommunication systems to which the licences relate:

Whereas, then, for the purposes of those provisions, apparatus may be approved for connection to those systems under the said section 22 by the Secretary of State:

Whereas the functions conferred on the Secretary of State by subsections (1), (2), (3), (4) and (10) (in so far as they relate to the approval of apparatus) of the said section 22 are, pursuant to an appointment^[2] for that purpose under section 25 of the Act, exercisable by the British Approvals Board for Telecommunications ( "BABT ") to the extent and subject to the conditions specified in the appointment:

And whereas that appointment authorises BABT to retain any fees received by it:

Now, therefore, the Secretary of State, in exercise of the powers conferred on him by sections 22(12) and 104 of the Act, and of all other powers enabling him in that behalf, hereby makes the following Order:—

Citation and commencement
    1.    This Order may be cited as the Telecommunication Apparatus (Approval Fees) (British Approvals Board for Telecommunications) Order 1992 and shall come into force on 1st September 1992.

Revocation
    2.    The Telecommunication Apparatus (Approval Fees) (British Approvals Board for Telecommunications) Order 1990^[3] is hereby revoked.

Interpretation
    3.—(1)  In this Order—

"the Act" means the Telecommunications Act 1984;


"application fee" means the fee payable to BABT by an applicant for an approval at the time of making application to BABT therefor in respect of the exercise by BABT of the Secretary of State's function of determining the application;


"approval" means an approval of apparatus under section 22 of the Act;


"BABT" means the British Approvals Board for Telecommunications;


"continuation fee" means, in relation to an approval which specifies relevant conditions, the fee payable to BABT by that person upon each relevant anniversary in respect of the exercise by BABT of the function of satisfying itself that those conditions are being complied with;


"relevant anniversary" means, in relation to a continuation fee, the anniversary of the date upon which the approval was given (whether that date was before or after the coming into force of this Order) being an anniversary on which the approval remains in force; and


"relevant conditions" mean conditions specified by an approval pursuant to section 22(4) of the Act which must be complied with if the approval is to apply, imposing on the person to whom the approval is given a requirement from time to time to satisfy BABT with respect to any matter.

    (2)  A reference in this Order to the function of—
 (a) the determination of applications for approval; or
 (b) being satisfied that relevant conditions are being complied with,
includes, without prejudice to the generality thereof, a reference to the consideration by BABT of whether the apparatus to which the application relates conforms or continues to conform as the case may be with a standard designated under section 22(6) of the Act.

    (3)  In this Order—

"master product" means the primary design of apparatus to which an application for approval relates;


"sister product" means a variant of the master product which has some features differing therefrom to an extent such that there are differences in the testing and evaluation involved in the determination of the application for approval; and


"brand-name product" means a variant of a master product or sister product which differs therefrom only in the name of the product (and in the marking and literature), where the application for approval is made in reliance upon the approval of the product from which it is derived,


and the application fees specified in Schedule 1 hereto in relation to a sister product or a brand-name product shall be payable whether application for the approval thereof is made at the same time as, or subsequently to, the application for the approval of the master product.

Application
    4.    This Order applies to—
 (a) the application fees for applications for approval of apparatus of descriptions listed in Column 1 of Schedule 1 hereto received by BABT on or after 1st September 1992; and
 (b) the continuation fees for approvals of apparatus of descriptions listed in Column 1 of Schedule 2 hereto payable on relevant anniversaries falling on or after 1st September 1992 whether the approval was granted before or after the coming into force of this Order.

Application fees
    5.—(1)  The application fee in respect of each description of apparatus listed in Column 1 of Schedule 1 hereto shall be the sum of—
 (a) the relevant amounts specified in Columns 2 to 7 of Schedule 1 hereto in relation to that description; and
 (b) an amount equal to the value added tax chargeable on the supply of the function of the determination of the application for approval.

    (2)  For the purposes of this article, the value of the supply made by BABT in the exercise of the function of the determination of the application for approval by reference to which value added tax is chargeable shall be the amounts referred to in paragraph (1)(a) above.

Continuation Fees
    6.—(1)  The continuation fee to be paid on each relevant anniversary for an approval of apparatus of a description specified in Column 1 of Schedule 2 hereto which specifies relevant conditions shall be the sum of—
 (a) the amount specified in Columns 2 and 3 of Schedule 2 hereto in relation to that description; and
 (b) an amount equal to the value added tax chargeable on the supply of exercising the function of satisfying itself that relevant conditions are being complied with.

    (2)  For the purposes of this article, the value of the supply made by BABT in the exercise of the function of satisfying itself that relevant conditions are being complied with by reference to which value added tax is chargeable shall be the amounts referred to in paragraph (1)(a) above.

E. Leigh

Parliamentary Under Secretary of State for Technology Department of Trade and Industry

29th July 1992 (Landscape Table)

[1] 1984 c. 12. back

[2] The appointment was made on 10th September 1990. back

[3] S.I. 1990/1679. back

Explanatory Note