OpenLegislation

Article 3 Interpretation

Original text. Later amendments are not shown.

(1)

In this Order—

  • “the Act” means the Telecommunications Act 1984;

  • “apparatus” means wireless telegraphy apparatus or apparatus designed or adapted for use in connection with wireless telegraphy apparatus;

  • “approval” means approval under section 84 of the Act and includes initial approval of apparatus and approval of a technical change or modification to approved apparatus under that section;

  • “approval fee” shall be construed in accordance with article 6;

  • “approved apparatus” means apparatus which is approved under section 84 of the Act;

  • “examination” means the supervision by an officer of a test carried out by a person other than an officer and inspection of apparatus and shall include the carrying out of a test by an officer;

  • “examination fee” shall be construed in accordance with article 5;

  • “modification” means any change to approved apparatus which is effected by or on behalf of a person other than the manufacturer of that apparatus;

  • “non-technical change” means any change to approved apparatus which does not affect or is not capable of affecting the radio frequency characteristics of that apparatus which is effected by or on behalf of the manufacturer;

  • “officer” means a person engaged in examination on behalf of the Secretary of State; and

  • “technical change” means any change to approved apparatus which affects or is capable of affecting the radio frequency characteristics of that apparatus which is effected by or on behalf of the manufacturer.

(2)

For the purposes of this Order—

(a)

the setting up and dismantling of the apparatus examined and any other equipment required to conduct an examination;

(b)

the analysis of examination results;

(c)

the compiling of an examination report; and

(d)

unpacking and repacking the apparatus examined,

shall be treated as part of the examination.

(3)

For the purposes of this Order, “visit” means a continuous period of time during which an officer is reasonably absent from his work place for the purposes of conducting an examination and includes time spent in conducting the examination, time reasonably spent in travel wholly undertaken for the purposes of an examination wholly or partly conducted at a place other than the officer’s work place, any period in which overnight accommodation (including a berth on a boat or train) is reasonably occupied (an “overnight stay”) and any other rest periods reasonably taken whilst so absent.

(4)

In calculating an officer’s subsistence costs, a visit shall be divided into periods of time in the following order—

(a)

each complete period of 24 hours (a “24 hour period”);

(b)

any—

(i)

single period of less than 24 hours; or

(ii)

period of less than 24 hours remaining after any 24 hour periods have been taken into account,

which includes an overnight stay (an “overnight period”);

(c)

where—

(i)

the visit does not involve an overnight stay; or

(ii)

the visit involves one or more 24 hour periods, but no overnight period is counted,

any period of—

(aa)

10 hours or more but less than 24 hours (a “day period”); or

(bb)

5 hours or more but less than 10 hours (a “half-day period”); and

(d)

any remaining period of less than 5 hours, which shall be disregarded.

(5)

In calculating an examination fee or variable fee, each period of time taken by each officer involved in conducting an examination shall be counted separately, and the total for each officer be aggregated, and the aggregate for all officers involved divided into complete periods of 15 minutes, with any remaining period of 7.5 minutes or more but less than 15 minutes being counted as a complete period of 15 minutes, and any remaining period of less than 7.5 minutes being disregarded.