Explanatory note

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.