TELECOMMUNICATIONS 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 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)