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4.—(1) This paragraph applies in relation to any service or function mentioned in paragraph 2(a), (b), (d), (e) or (f) which is provided in pursuance of an application made with a view to showing compliance with, or seeking exemption from, any requirement imposed by or under any of the statutory instruments listed in paragraph 1.
(2) Where this paragraph applies—
(a)in the case of an application relating to a requirement under the Radio Regulations, the applicant shall if requested by, or arranged in advance with, the Secretary of State, and
(b)in the case of any other application, the applicant shall,
before commencement of the work pay a deposit on account of the fee, the amount of the deposit to be calculated by reference to an estimate by the appropriate authority of the duration of the work likely to be required and the hourly rate prescribed in respect of that service or function.
(3) If during the course of the work the appropriate authority estimates that the duration of the work likely to be required is greater than the amount deposited under sub-paragraph (2), it may recalculate the deposit and the applicant must pay any excess.
(4) If the duration of the work actually required in consequence of the application is greater or less than its estimated or re-estimated duration, the fee is to be recalculated by reference to the actual duration and the difference is to be paid by, or as the case may be, refunded to, the applicant.
(5) In this paragraph “appropriate authority” means the Agency or other appropriate certifying authority provided for in relation to the relevant statutory requirements.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
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