Explanatory note

This Order provides for the charging of fees in relation to the determination of applications for approval or variation of approval of wireless telegraphy apparatus and the testing of such apparatus for that purpose by the Secretary of State in exercise of his functions under section 84 of the Telecommunications Act 1984 (c. 12) (article 4). It consolidates the provisions of the Wireless Telegraphy Apparatus (Approval) (Test Fees) Order 1990 (S.I. 1990/889), which set the fees for testing of apparatus designed or adapted for use in the fixed service (“fixed service apparatus”) as part of the determination of an application for approval or variation of approval by the Secretary of State, and the Wireless Telegraphy Apparatus (Approval) (Test Fees) Order 1991 (S.I. 1991/874), which set the fees for testing of apparatus other than fixed service apparatus for the purposes of a determination of an application (articles 5 and 6(2)(a)). This Order updates the level of the fees for testing to achieve full cost recovery (Schedules 1 and 2).

This Order prescribes fees for the first time for the determination of applications for approval under the said section 84 for apparatus other than fixed service apparatus (“the fixed fee”) (article 6(2)(b) and Schedule 3). Fees are set at a level to achieve full cost recovery.

In the case of the fixed fee, this Order makes provision for the payment of a reduced fee when the application for approval, or variation of approval, under section 84 of the 1984 Act is made in conjunction with an application for the issue or amendment of an EC type examination certificate within the meaning of Article 10.5 of Council Directive 89/336/EEC on the approximation of the laws of the Member States relating to electromagnetic compatibility (OJ No. L139, 23.5.89, p.19) in relation to the same apparatus; this reduction reflects cost savings resulting from simultaneous assessment.