ROAD TRAFFIC Commencement and citation 1 These Regulations shall come into force on 6th April 1993 and may be cited as the Motor Vehicles (Type Approval and Approval Marks) (Fees) Regulations 1993. Revocation 2 The Motor Vehicles (Type Approval and Approval Marks) (Fees) Regulations 1992 are hereby revoked. Interpretation 3 1 Unless the context otherwise requires, any reference in these Regulations to– a a numbered regulation or Schedule is a reference to the regulation of or Schedule to these Regulations bearing that number; b a numbered paragraph is a reference to the paragraph bearing that number in the regulation or Schedule in which that number appears; and c a numbered section is a reference to the section bearing that number in the Road Traffic Act 1988. 2 In these Regulations, except where the context otherwise requires– “applicant” means an applicant for the issue of a type approval certificate or authorisation for a vehicle or vehicle part for the purpose of a Community Instrument or ECE Regulation , an applicant for the issue of a type approval certificate or Minister’s approval certificate for a vehicle or a vehicle part for the purpose of the national type approval scheme, or an applicant for the issue of a sound level measurement certificate; “approval mark” means a marking designated by Regulations made under section 80; “approval requirements” means– the requirements for examination and approval as regards the type approval requirements specified in– a Community Instrument; Schedule 1 to the Great Britain Regulations ; Schedule 1 to the Great Britain Regulations for Goods Vehicles ; and an ECE Regulation; or the requirements for examination and marking authorisation relating to a marking designated by the Motor Vehicles (Designation of Approval Marks) Regulations 1979 ; “authorisation” means an authorisation in writing given by the Secretary of State for the application of an approval mark to a vehicle or a vehicle part; “Community Instrument” means a Council Regulation, a Council Directive or a Commission Directive; “ECE Regulation” means a Regulation to the Agreement concerning the adoption of uniform conditions of approval for motor vehicle equipment and parts and reciprocal recognition thereof concluded at Geneva on 20th March 1958 as amended to which the United Kingdom is a party ; “ European Regulations ” means the Motor Vehicles ( EC Type Approval) Regulations 1992 ; “examination” means any examination or test, or series of examinations or tests carried out on a vehicle or vehicle part to ascertain that in respect of that vehicle or vehicle part approval requirements have been satisfied; “ Framework Directive ” means Council Directive 70/156/ EEC as amended by Council Directive 87/403/EEC and Council Directive 92/53/EEC ; “Great Britain Regulations” means the Motor Vehicles (Type Approval) (Great Britain) Regulations 1984 ; “Great Britain Regulations for Goods Vehicles” means the Motor Vehicles (Type Approval for Goods Vehicles) (Great Britain) Regulations 1982 ; “Government or approved premises” means premises established or approved by the Secretary of State for the examination of vehicles or vehicle parts for the purposes of the national type approval scheme, or for the purposes of a Community Instrument or ECE Regulation; “low volume type approval vehicle” has the same meaning as in the Great Britain Regulations; “national type approval scheme” means the scheme for the type approval of vehicles or vehicle parts provided for in the Great Britain Regulations and the Great Britain Regulations for Goods Vehicles; “sound level measurement certificate” has the same meaning as in the Motorcyles (Sound Level Measurement Certificates) Regulations 1980 ; “type approval certificate”, “Minister’s approval certificate”, and “authorisation” include a modified or duplicate type approval certificate, Minister’s approval certificate, or authorisation as the case may be; “ Type Approval Regulations ” means the Motor Vehicles (Type Approval) Regulations 1980 . 3 A reference in these Regulations to a vehicle in category L1, L2, L3, L4 or L5 is a reference to a vehicle described respectively as L1, L2, L3, L4 or L5 in ECE Regulation 13 of 29th May 1969 with the amendments in force on 1st April 1987. 4 A reference in these Regulations to a vehicle in category M1, M2, M3, N1, N2 or N3 is a reference to a vehicle described respectively as M1, M2, M3, N1, N2 or N3 in the Framework Directive. Fees—basic scale for examinations of vehicles or parts of vehicles 4 1 In this regulation any reference to a numbered column is a reference to the column bearing that number in Part II of Schedule 1. 2 Subject to the subsequent provisions of these Regulations, the fee prescribed as regards the approval requirements specified in relation to a fee number in column 1 is the fee specified in relation to that fee number in column 4. 3 Part I of Schedule 1 contains an index to Part II of that Schedule. 4 Where, in relation to an approval requirement specified in column 2, more than one type of examination or more than one type of vehicle or vehicle part is specified in column 3 in connection with that approval requirement, the fee prescribed as regards that approval requirement is that specified in column 4 opposite the examination, vehicle or vehicle part in question. 5 The fees specified in column 4(a) are hereby prescribed in a case where the examination is to be carried out on Government or approved premises by an officer of the Department of Transport or a person appointed by the Secretary of State to act on his behalf. 6 The fees specified in column 4(b) are hereby prescribed in a case where the examination is to be carried out at other premises under the supervision of an officer of the Department of Transport or a person appointed by the Secretary of State to act on his behalf. 7 Schedule 6 shall have effect for the interpretation of– a certain expressions relating to Community Instruments and ECE Regulations , and b certain abbreviations used in Schedule 1. Fees—consecutive examinations 5 Where more than one vehicle or vehicle part of the same type but embodying minor variations are submitted by an applicant with a view to carrying out the examinations consecutively on each item, and the case is one where all the examinations can be carried out without setting up the examination apparatus again, the fee to be paid for the carrying out of each examination after the first one is such proportion of the fee prescribed in regulation 4 as the Secretary of State considers to be appropriate in view of the work involved in carrying out such examination. Fees—partial examinations 6 1 Where a certificate to which this paragraph applies has been issued in relation to a vehicle or vehicle part and in consequence of an alteration in the design specification of the vehicle or vehicle part, either– a a further examination of the vehicle or vehicle part is needed with a view to the issue of a modified or further certificate but the alteration is not so extensive as to require that the further examination shall be as complete and exhaustive as the original examination; or b an applicant requires a modification of a certificate but the alteration is not so extensive as to require a further examination of the vehicle or vehicle part and can be carried out on an examination of data supplied by the applicant, the fee for such an examination is such proportion of the fee prescribed in regulation 4 as the Secretary of State considers shall be appropriate. 2 Paragraph (1) applies to– a a sound level measurement certificate; or b a type approval certificate, or an authorisation, in relation to– i a Community Instrument; or ii an ECE Regulation; or c a type approval certificate, or a Minister’s approval certificate, in relation to the national type approval scheme. 3 Where, in the case of an examination as is mentioned in regulation 4 or 5 or in paragraph (1)– a it has been found impossible to complete the examination satisfactorily; or b the vehicle or vehicle part supplied for the examination does not satisfy completely the requirements of the examination, and a further, but partial, examination of the vehicle or vehicle part is required, the fee to be paid for such further examination is such proportion of the fee prescribed in regulation 4 as the Secretary of State considers to be appropriate in view of the nature and extent of the further, but partial, examination. 4 Where more than one vehicle or vehicle part of the same type but embodying minor variations is submitted by an applicant and it is unnecessary to submit each individual vehicle or vehicle part to a complete examination, the fee to be paid for the carrying out of the partial examination on a particular vehicle or vehicle part is such proportion of the fee prescribed in regulation 4 as the Secretary of State considers to be appropriate in view of the nature and extent of the partial examination. Fees—examination of a complete vehicle under the national type approval scheme 7 1 Subject to paragraph (5), the fee for the examination of a vehicle to which the Great Britain Regulations apply with a view to the issue in respect of that vehicle of a document specified in column 1 of Part I of Schedule 2 where, before the examination takes place, type approval procedures have been carried out (whether in Great Britain or elsewhere) to ascertain that in respect of that vehicle all the approval requirements which– a are referred to in Schedule 1 to those Regulations; b relate to particular parts or aspects of a vehicle; and c are applicable to the vehicle, have been satisfied, is the amount specified in column 3 of Part I of Schedule 2. 2 The fee for the examination of a vehicle to which the Great Britain Regulations for Goods Vehicles apply with a view to the issue in respect of that vehicle of a document specified in column 1 of Schedule 3 where, before the examination takes place, type approval procedures have been carried out (whether in Great Britain or elsewhere) to ascertain that in respect of that vehicle all the approval requirements which– a are referred to in Schedule 1 to those Regulations; b relate to particular parts or aspects of a vehicle; and c are applicable to the vehicle, have been satisfied, is the amount specified in paragraph (3). 3 The amount referred to in paragraph (2) is the amount shown in– a column 2(a) of Schedule 3 if the vehicle is in category L2, L5 or N1; b column 2(b) of Schedule 3 if the vehicle is in category N2; and c column 2(c) of Schedule 3 if the vehicle is in category N3. 4 Where in the case of an examination of a complete vehicle mentioned in paragraphs (1) or (2) above– a it has been found impossible to complete that examination satisfactorily; or b the vehicle has been found not to comply in all aspects with the relevant approval requirements; or c the vehicle is one which has been assembled in more than one stage by more than one manufacturer, and a type approval certificate has been issued to a manufacturer other than the applicant; or d a type approval certificate or Minister’s approval certificate has previously been issued in respect of the model of the vehicle but the vehicle incorporates certain changes in detail not covered by the certificate, and a further, but partial, examination of the vehicle is required before the documentation can properly be issued in respect of it, the fee for that partial examination shall be such proportion of the relevant sum specified in Part I of Schedule 2 or, as the case may be, Schedule 3 as the Secretary of State considers to be appropriate in view of the nature and extent of that partial examination. 5 Where a person applies for the issue of a Minister’s approval certificate in respect of a vehicle on the basis that it is a low volume type approval vehicle within the meaning of the Great Britain Regulations, paragraph (1) shall have effect as if the references to Part I of Schedule 2 were references to Part II of that Schedule. 6 If in circumstances where paragraph (5) applies– a some or all of the procedures referred to in paragraph (1) have been carried out on behalf of the Secretary of State; and b as a result, the work involved in carrying out the examination is less than otherwise would have been the case; the fee for the examination shall be such proportion of the relevant sum specified in Part II of Schedule 2 as the Secretary of State considers to be appropriate in view of the nature and extent of the examination. Fees—examination of a vehicle with a view to the issue of an EC vehicle type approval certificate 8 1 In this regulation and in Part III of Schedule 2, “EC vehicle type approval certificate” means a type approval certificate issued under regulation 3(5) of the European Regulations in relation to a complete, incomplete or completed vehicle (being expressions used in the Framework Directive). 2 Other expressions used in this regulation or in Part III of Schedule 2 which are also used in the Framework Directive shall have the same meaning as in that Directive and cognate expressions shall be construed accordingly. 3 Subject to paragraphs (6) and (7), the fees for– a the examination of the vehicle; and b administrative work (other than the issue of the EC type approval certificate), with a view to the issue of an EC vehicle type approval certificate on the basis that all necessary approvals have previously been obtained shall be the amounts determined in accordance with paragraphs (4) and (5). 4 Where the application is for the issue of an EC vehicle type approval certificate in relation to a complete vehicle, the amounts payable shall be the amounts specified in Part III of Schedule 5. 5 Where— a the application is for an EC vehicle type approval certificate in relation to an incomplete vehicle or a complete vehicle; and b the examination is not as complete and exhaustive as would otherwise be required the fees shall be such proportion of the relevant sums specified in Part III of Schedule 2 as the Secretary of State considers to be appropriate in view of the nature and extent of the work involved. 6 Where in the case of an examination of a vehicle with a view to the issue of an EC vehicle type approval certificate– a it has been found impossible to complete the examination satisfactorily; or b the vehicle has been found not to comply in all aspects with the relevant approval requirements; or c an EC vehicle type approval certificate has previously been issued in respect of a vehicle of that type but the vehicle incorporates changes in detail not covered by the certificate, and a further, but partial, examination of the vehicle is required before the EC vehicle type approval certificate can properly be issued in respect of it, the fee for that partial examination shall be such proportion of the relevant sums specified in Part III of Schedule 2 as the Secretary of State considers to be appropriate in view of the nature and extent of that partial examination. 7 Where, in relation to an application for an EC vehicle type approval certificate, more than one vehicle is examined the fee in respect of the vehicle that undergoes the most extensive examination shall be determined in accordance with the foregoing provisions of this regulation and the fee in respect of each of the other vehicles shall be such proportion of that fee as the Secretary of State considers to be appropriate in view of the nature and extent of the examination carried out on that other vehicle. Fees—avoidance of duplication 9 Where the examination of a vehicle or vehicle part for the purposes of a Community Instrument or ECE Regulation is carried out at the same time as the examination of that vehicle or vehicle part for the purposes of the national type approval scheme, then in so far as one and the same operation or series of operations serves for both examinations, the fee payable under these Regulations shall be the fee for only one examination. Fees—issue of documents 10 1 The fee for the issue of a document of a type specified in column 1 of Schedule 4 (being a document relating to a vehicle part) is the fee of the amount specified in relation thereto in column 3 of Schedule 4. 2 The fee for the issue of a document of a type specified in column 1 of Part I of Schedule 5 (being a document relating to a vehicle to which the Great Britain Regulations apply) is the amount specified in relation thereto in column 3 of Part I of Schedule 5. 3 The fee for the issue of a document of a type specified in column 1 of Part II of Schedule 5 (being a document relating to a vehicle to which the Great Britain Regulations for Goods Vehicles apply) is the amount specified in relation thereto in column 3 of Part II of Schedule 5. 4 The fee for the issue of a document of a type specified in column 1 of Part III of Schedule 5 (being a document relating to a vehicle to which the European Regulations apply) is the amount specified in relation thereto in column 3 of Part III of Schedule 5. 5 The fee for the issue of a sound level measurement certificate is £46. 6 Where— a a person applies for the issue of a Minister’s approval certificate in respect of a vehicle on the basis that it is a low volume type approval vehicle within the meaning of the Great Britain Regulations; b some or all of the procedures referred to in regulation 7(1) have been carried out on behalf of the Secretary of State; and c as a result, the administrative work involved in relation to the application is less than would otherwise have been the case the fee for the issue of the Minister’s approval certificate shall be such proportion of the relevant sum specified in Part I of Schedule 5 as the Secretary of State considers to be appropriate in view of the nature and extent of the administrative work carried out in relation to the application. Additional fees payable for the issue of documents under the national scheme 11 1 In this regulation– “ sub-MAC ” means a Minister’s approval certificate issued by virtue of section 58(4); and “ MAC ”, in relation to a sub-MAC, means the Minister’s approval certificate by virtue of which the sub-MAC was issued under section 58(4). 2 In this regulation, in relation to a sub-MAC,– “anniversary” means an anniversary of the date on which the MAC was issued and a reference to the first anniversary shall be construed accordingly; “applicant” means the person who applied for the sub-MAC; “relevant date” means– if the sub-MAC was issued during the 12 month period beginning with the date the MAC was issued, that date; or if it was issued after the expiration of that period, the anniversary next before the issue of the sub-MAC; “relevant period” means a period of 12 months beginning on an anniversary; “relevant sub-MAC” means any sub-MAC issued to the applicant by virtue of the MAC before the sub-MAC in question was issued; “relevant vehicle” means the vehicle in respect of which the MAC was issued. 3 A fee of £10 shall be payable for the issue of a sub-MAC in addition to the fee payable under regulation 10, where– a the sub-MAC is issued in respect of a vehicle in category N2 or N3; and b it appears to the Secretary of State from information supplied or confirmed by the applicant that the vehicle differs in detail from– i the vehicle which was the subject of the last of the relevant sub-MACs to be issued, or ii if no relevant sub-MAC has been issued, the relevant vehicle. 4 A fee of £30 shall be payable for the issue of a sub-MAC in addition to the fee payable under regulation 10, where– a the sub-MAC is issued in respect of a vehicle in category N1 as a result of an application made on or after the first anniversary; and b no relevant sub-MAC has been issued as a result of an application made in the relevant period in which the application for the sub-MAC was made; and c it appears to the Secretary of State from information supplied or confirmed by the applicant that the vehicle differs in detail from– i the vehicle which was the subject of the last of the relevant sub-MACs in respect of which a fee was payable under this paragraph, or ii if no relevant sub-MAC has been issued in respect of which such a fee has been payable, the relevant vehicle. 5 A fee of £30 shall be payable for the issue of a sub-MAC in addition to the fee payable under regulation 10, where– a the sub-MAC is issued as a result of an application made on or after the first anniversary on the basis of a vehicle being a low volume type approval vehicle; and b no relevant sub-MAC has been issued as a result of an application made in the relevant period in which the application for the sub-MAC was made; and c it appears to the Secretary of State from information supplied or confirmed by the applicant that the vehicle differs in detail from– i the vehicle which was the subject of the last of the relevant sub-MACs in respect of which a fee was payable under this paragraph or paragraph (6), or ii if no relevant sub-MAC has been issued in respect of which such a fee has been payable, the relevant vehicle. 6 A fee of £30 shall be payable for the issue of a sub-MAC in addition to the fee payable under regulation 10, where– a the sub-MAC is issued as a result of an application made on the basis of a vehicle being a low volume type approval vehicle; and b 199 relevant sub-MACs, and no more, have been issued as a result of applications made on or after the relevant date; and c it appears to the Secretary of State from information supplied or confirmed by the applicant that the vehicle differs in detail from– i the vehicle which was the subject of the last of the relevant sub-MACs in respect of which a fee was payable under paragraph (5) or this paragraph, or ii if no relevant sub-MAC has been issued in respect of which such a fee has been payable, the relevant vehicle. Fees—visits outside the United Kingdom 12 1 Where, in connection with an application for or the performance of, the carrying out, or supervision by or on behalf of the Secretary of State, of an examination of a vehicle or vehicle part in relation to the issue of a type approval certificate or authorisation for the purpose of a Community Instrument, or ECE Regulation, or in relation to a type approval certificate or Minister’s approval certificate for the purpose of the national type approval scheme, a visit to a place outside the United Kingdom is made, or is arranged to be made, by one or more persons acting for or on behalf of the Secretary of State, then in addition to the fee or fees prescribed by the regulations above, there shall be paid by the applicant on demand by or on behalf of the Secretary of State a further fee equal to the total of– a the travelling and subsistence expenses reasonably incurred or expected to be incurred by each person so acting in relation to the application or examination (including expenses outstanding after the cancellation of any travelling or subsistence arrangements which result from the withdrawal of any such application); and b the whole, or such proportion as the Secretary of State may determine is reasonably attributable to the application or examination, of a sum of #55 for each hour spent or expected to be spent by each person so acting whilst travelling otherwise than on land in the United Kingdom, wholly or partly in relation to the application or examination. 2 The references to expenses in paragraph (1)(a) does not include any expenses relating to– a travelling on land in the United Kingdom; or b any flight which both begins and ends in the United Kingdom. 3 If– a payments have been made in accordance with paragraph (1) in respect of travelling and subsistence expenses expected to be incurred, or in respect of time expected to be spent in travelling; and b the amount of travelling and subsistence expenses actually incurred or the time actually spent travelling in consequence of the application is greater or less than was expected, the fee payable under paragraph (1) shall be re-calculated in accordance with that paragraph by reference to the actual travelling and subsistence expenses incurred and the actual time spent travelling, and the difference shall be paid by, or as the case may be, refunded to, the applicant. Payment of fees 13 1 The fee for the carrying out or supervision of an examination of a vehicle or a vehicle part in connection with the issue of a type approval certificate or authorisation for the purpose of a Community Instrument, or ECE Regulation or in connection with the issue of a sound level measurement certificate shall be paid when the application is made for the issue of the type approval certificate, authorisation or sound level measurement certificate for the vehicle or vehicle part in question. 2 The fee for the carrying out or supervision of an examination of a vehicle or a vehicle part in connection with the issue of a type approval certificate or Minister’s approval certificate shall be paid when the applicant is notified by the Secretary of State, in accordance with the provisions of the Great Britain Regulations, the Great Britain Regulations for Goods Vehicles or the European Regulations of the fee payable. 3 The fee for the issue of a document specified in Schedule 4 or 5 shall be paid– a in the case where the examination of the vehicle or vehicle part for which a fee is payable under these Regulations is required before the document is issued, when the applicant is notified of the result of the examination; and b in any other case, when the application is made for the issue of the document. Fees on withdrawals and cancellations 14 1 Subject to the provisions of regulation 15, if an applicant– a after he has been notified of the time and place for the examination withdraws his application; or b does not submit the vehicle or vehicle part for the examination at the time and place fixed therefore, he shall be liable to pay a cancellation fee to cover the abortive work involved in dealing with the application and making arrangements for the examination. 2 In the case of an examination of a vehicle or vehicle part to which a fee specified in Schedule 1 applies– a if the Secretary of State is, not less than 7 days before the date fixed for the examination, notified of the withdrawal or the intention not to submit the vehicle or vehicle part for the examination, the cancellation fee shall be £99; b if the Secretary of State is not so notified within that period– i where the fee is specified in column (a) of Schedule 1, the cancellation fee shall be a quarter of that fee plus any wasted expenses reasonably incurred by the Secretary of State in the provision of any facility for the particular examination; or ii where the fee is specified in column (b) of Schedule 1, the cancellation fee shall be half of that fee or £219 whichever is the less. 3 In the case of a further or partial examination of a vehicle or vehicle part in the circumstances described in regulation 6, the cancellation fee shall be such proportion of the fee as the Secretary of State considers to be appropriate. 4 In the case of an examination of a vehicle to which a fee specified in Schedule 2 or 3 applies– a if the Secretary of State is, not less than 14 days before the date fixed for the examination, notified of the withdrawal or the intention not to submit the vehicle for the examination, the cancellation fee shall be £97; b if the Secretary of State is not so notified within that period, the cancellation fee shall be £286. 5 Any cancellation fee for which an applicant is liable in accordance with the foregoing provisions of this regulation shall be provided– a in a case where the applicant has paid the fee prescribed by these Regulations for the examination in question, by the Secretary of State retaining the cancellation fee from the fee which has been paid; or b in any other case by the applicant paying the cancellation fee to the Secretary of State within 14 days of the issue by the Secretary of State of a request for such payment. 6 An applicant who is liable for a cancellation fee under this regulation in respect of an application shall also be liable for any fee payable under regulation 12, but all other fees under these Regulations in respect of the application shall be reduced to nil (the balance of any sums paid in respect of the application being refundable). Submission of alternative vehicle or vehicle part for examination 15 Where an applicant does not wish, or is unable, to submit the vehicle or vehicle part in respect of which the application was made, for examination at the time and place appointed, but is able to submit for examination at that time and place some other vehicle or vehicle part which can conveniently be fitted into the programme of examinations being carried out at that place and in respect of which he has made an application, he shall be entitled, subject to any adjustment by way of refund or additional payment so as to secure that the appropriate fee is paid for the examination which actually takes place, to have the sum which he orginally paid applied in payment of the fee for that examination without being liable to pay a cancellation fee under regulation 14(1) but in that event he shall pay the appropriate fee prescribed by these Regulations when applying for a new appointment for the examination which he originally sought. Fees to be paid in relation to prescribed and notifiable alterations 16 1 The fee prescribed in the event of particulars of a prescribed alteration being sent to the Secretary of State in accordance with regulation 10 of the Great Britain Regulations for Goods Vehicles is– a if the vehicle is one in respect of which a certificate of conformity has been issued– i £31 if the vehicle is in category L2, L5, or N1; ii £36 if the vehicle is in category N2 or N3; or b if the vehicle is one in respect of which a Minister’s approval certificate has been issued– i £31 if the vehicle is in category L2, L5, or N1; ii £36 if the vehicle is in category N2 or N3. 2 The fee prescribed in respect of a notification made in accordance with a condition attached to a type approval certificate pursuant to section 56(1)(b) issued in respect of a vehicle to which the Great Britain Regulations for Goods Vehicles apply is– a £30 if the vehicle is in category N1; or b £10 if the vehicle is in category N2 or N3. Approval of facilities 17 1 The fee prescribed for examining premises with a view to their being approved by the Secretary of State for the examination of vehicles or vehicle parts for the purposes of the national type approval scheme or for the purposes of a Community Instrument or ECE Regulation shall be determined by the amount of work involved charged at the hourly rate of £71. 2 Regulation 12 shall apply to an application for such an approval as it applies to an application for an examination of a vehicle as mentioned in that regulation. Advice on procedures for securing conformity of production 18 The fee prescribed for advising a manufacturer on whether his arrangements or proposed arrangements for securing conformity of production of vehicles are likely to be accepted by the Secretary of State for the purposes of the national type approval scheme or for the purposes of any Community Instrument or ECE Regulation shall be determined by the amount of work involved charged at an hourly rate of £71. Signed by authority of the Secretary of State for Transport Kenneth Carlisle Parliamentary Under Secretary of State Department of Transport 9th March 1993 We consent to the making of these Regulations to the extent that they are made in exercise of the powers conferred by section 56(1) and (2) of the Finance Act 1973. Irvine Patnick Nicholas Baker Two of the Lords Commissioners of Her Majesty’s Treasury 11th March 1993