S.I. No. 266/1963:

MERCHANT SHIPPING (FEES) ORDER, 1963.

MERCHANT SHIPPING (FEES) ORDER, 1963.

I, ERSKINE H. CHILDERS, Minister for Transport and Power, in exercise of the powers conferred on me by section 5 of the Merchant Shipping (Amendment) Act, 1939 (No. 12 of 1939), section 5 of the Merchant Shipping (Safety Convention) Act, 1952 (No. 29 of 1952), section 4 of the Mercantile Marine Act, 1955 (No. 29 of 1955), and the Transport, Fuel and Power (Transfer of Departmental Administration and Ministerial Functions) Order, 1959 ( S.I. No. 125 of 1959 ), and with the consent of the Minister for Finance, hereby order as follows:

1.--(1) This Order may be cited as the Merchant Shipping (Fees) Order, 1963.

(2) This Order shall come into operation on the 1st day of January, 1964.

2. In this Order "tons" means gross tons.

3. There shall, subject to and in accordance with the provisions of the Schedules to this Order, be charged and paid, in respect of each matter mentioned in any of those Schedules, the fee specified in that Schedule in respect of that matter.

4. The Merchant Shipping (Fees) Order, 1954 ( S.I. No. 267 of 1954 ), and the Merchant Shipping (Fees) Order, 1954 (Amendment) Order, 1957 ( S.I. No. 200 of 1957 ), are hereby revoked.

FIRST SCHEDULE

FEES PAYABLE IN CONNECTION WITH THE ISSUE OF CERTIFICATES, SURVEYS OF SHIPS AND OTHER MERCANTILE MARINE SERVICES

NOTES

(1) Except where otherwise stated, the appropriate fees must be paid before any survey, inspection (other than an inspection relating to a certificate mentioned at reference number 1) or service can be undertaken. In cases where the fee cannot be assessed beforehand (e.g.. tonnage measurements), a deposit sufficient to cover the probable charge is required and any outstanding expenses or balance of fees must be paid before the case is completed.

(2) Fees and expenses under the First Schedule must in every case be paid to the Superintendent of a Mercantile Marine Office and not to Surveyors.

(3) An official receipt is given for all payments.

1. Fees for a general safety certificate or a qualified safety certificate together with an exemption certificate for:--

NOTES

(1) The fees specified at subparagraph (a) above must be paid in full in respect of a new ship or a ship coming under survey for the first time even though a certificate for twelve months may not be required. In other cases when a certificate for less than twelve months is required the fee will be in proportion to the period from the date of termination of the survey to the date of expiration of the certificate at the rate of 1/12th of the full fee for each month or part of a month but in no case shall less than 3/12ths of a twelve months' fee be paid nor less than £16 for a vessel not exceeding 100 tons gross or £24 for a ship exceeding that tonnage.

(2) In any case in which the duration of the certificate has been limited by the Surveyor's declaration owing to special reasons rendering one or more further surveys necessary within the ensuing twelve months the total fees paid for certificates covering the period of twelve consecutive months shall not exceed that payable for a twelve months' certificate.

(3) The fees specified at subparagraphs (a), (b) and (c) above--

(i) include the fees for the survey of the ship and are not returnable when the survey has been carried out, and the certificate cannot be issued due to a deficiency of the hull, equipment or machinery of the ship;

(ii) cover any number of visits which a Surveyor may require to make before granting his declaration and include the survey of the hull, boilers and propelling machinery (including the test of the material), and the inspection of the equipment of the ship, including the lights and fog signals. The full fee under subparagraphs (a) covers a survey for loadline if both surveys are made at the same time. It does not, however, include inspection of the crew spaces (para. 12 (vi)), or measurement for tonnage (para. 6).

2. Fees for a safety equipment certificate or a qualified safety equipment certificate together with an exemption certificate.

3. Fees for--

These fees are in addition to the fee for a safety equipment certificate, a qualified safety certificate and a qualified safety equipment certificate.

4. Fees for the inspection of life-saving appliances

(a) For the inspection on the application of the owner (not being an inspection made with a view to the issue of a passenger steamer's certificate or of any of the certificates referred to in sections 20 and 22 of the Merchant Shipping (Safety Convention) Act, 1952 ) under section 431 of the Merchant Shipping Act, 1894, (inserted by section 13 of the Merchant Shipping (Safety Convention) Act, 1952 ) of a ship other than a passenger steamer either during construction of the ship or otherwise for the purpose of seeing that the ship complies with the rules made under section 427 of the Merchant Shipping Act, 1894, (inserted by subsection (1) of section 11 of the Merchant Ship (Safety Convention) Act, 1952):

The fees at subparagraphs (a) and (d) above include the issue of a report of inspection. If the boats or buoyant apparatus are for a passenger ship or for a cargo ship requiring a safety equipment certificate the fees are in addition to the usual fees for a certificate.

NOTES

(1) If a vessel previously measured as at (a) (ii) is re-measured as at (a) (i), the full fee prescribed in subparagraph (a) (i) is payable without any deduction.

(2) The fees paid in accordance with scales set out at subparagraph (a) (i) and (ii) cover any number of visits which the Surveyor may find it necessary to make before he is able to complete the survey.

II. Re-measurement of foreign ships for renewal of tonnage certificate or for ships seeking re-registry (including issue of certificate)

7. FEES FOR SURVEY FOR LOAD LINE

(1) Standard Fees

OTHER FEES

(2) Annual survey carried through in one operation:--

For every annual survey of any ship over 300 tons (classed or unclassed) which is carried through in one operation there shall be paid--

(a) the standard fee, and

(b) in addition, a single fee of £8 0s. 0d. if for the purposes of the survey, more than one visit is paid to the ship by the Surveyor.

(3) Annual survey not carried through in one operation:--

For every annual survey of any ship (classed or unclassed) which is not carried through in one operation there shall be paid--

(a) the standard fee,

(b) in addition, a fee of £8 0s. 0d. for every partial annual survey, and

(c) for any ship over 300 tons, in addition, a single fee of £7 for every partial annual survey in respect of which for the purposes of the partial annual survey, more than one visit is paid to the ship by the Surveyor.

(4) Renewal survey earned out concurrently with a special survey for classification purposes:--

In the case of the survey of a classed ship for renewal of the Load Line Certificate, the fee in column (2) shall be paid if the renewal is carried out concurrently with a special survey for classification purposes, for which a fee is charged. Otherwise the fee will be 50 per cent, of that in column (1).

(5) Issue or renewal survey carried out concurrently with survey for Passenger or Passenger and Safety Certificate:--15--

Where the survey for the issue or renewal of a Load Line Certificate is carried out by a Surveyor concurrently with that for a Passenger or Passenger and Safety Certificate, and the ship is

(a) a classed ship--no fee will be charged under column (1) or column (2);

(b) an unclassed ship--half the fee under column (4) or column (5) shall be paid.

(6) Annual survey carried out concurrently with survey for Passenger or Passenger and Safety Certificate:--.

Where the annual load line survey is made at the same time as the survey for the issue of a Passenger or Passenger and Safety Certificate no fee will be charged under column (3) or column (6).

(7) Survey where minor alterations have been made to a ship:--

Where minor alterations have been made to a ship having a Load Line Certificate in force, which involve an alteration of the freeboard but do not require a full survey, the fee in column (2) shall be paid whether the ship is classed or unclassed.

(8) Partial survey for issue of a short-term certificate:--

Where for special reasons a partial survey is made and a certificate is issued or renewed for a period not exceeding twelve months, one half of the standard fee appropriate to a full survey shall be paid.

8. FEES FOR SURVEY FOR SEAWORTHINESS:

(a) for the survey of a ship by a direction of a Court under Section 463 of the Merchant Shipping Act, 1894,

NOTE:-- These fees do not include any other service.

(b) for the survey of a ship finally detained or where it appears that a ship provisionally detained was at the time of that detention an unsafe ship--

(i) if detained because of overloading, improper loading, insufficient ventilation of coal cargoes, undermanning, or defective equipment, such as chronometers or charts, the fee payable shall be that prescribed in subparagraph (a) (i) of this paragraph;

(ii) if the ship is detained because of defective hull or machinery the fee payable shall be that prescribed in subparagraph (a) (ii) of this paragraph.

(c) for the survey of a ship detained under Part II of the Merchant Shipping (Safety and Loadline Convention) Act, 1933,

(i) for the submersion of the appropriate Load Line the fee payable shall be that prescribed in subparagraph (a) (i) of this paragraph;

(d) for survey before transfer to a foreign flag the fees payable shall be those set out in subparagraph (a) (ii) of this paragraph.

9. SURVEY FOR SEAWORTHINESS PRIOR TO RE-REGISTRY, OF A SHIP WHOSE REGISTRY HAS BEEN CLOSED ON ACCOUNT OF WRECK, ETC.

This fee covers:

(i) inspection of crew spaces and lights and fog signals;

(ii) survey for load-line, except in the case of hulks and lighters, provided the load line survey is held at the same time as the survey for seaworthiness and provided the fee for survey for loadline is not the greater in which case the balance is payable.

This fee covers the inspection of the drawings and the survey of the boiler or boilers up to and including the hydraulic test, but no declaration or certificate can be issued until either the fee for a passenger steamer's certificate or a fee of £5 15s. 0d. for a certificate of inspection has been paid. If the ship for which the boilers are intended is ultimately surveyed for a passenger steamer's certificate before the boilers have been in use these fees will be considered as a portion of the survey fee for such certificate and credit will be given for them accordingly.

(ii) Survey of ships in dry dock prior to issue of general safety certificate under the Merchant Shipping Act, 1894:--

(a) For the survey in dry dock of the hull of ship holding a passenger steamer's certificate issued by the Minister for Transport and Power or recognised by him, unless the survey is made during a complete survey of the whole ship and for the issue of a dry docking certificate

12. SURVEYOR'S FEES

(i) Surveyor's Expenses:

Except where otherwise stated and apart from overtime fees referred to in subparagraph (iii) and (iv) of this paragraph, no separate fee will be payable for surveyor's expenses or subsistence in the State or in Northern Ireland in addition to the fees set out in the preceding paragraphs except where a surveyor is called to a survey or inspection by the owner and is prepared to carry it out but is prevented from doing so by circumstances which it was within the control of the owner, his servants or agents to prevent.

(ii) Surveys abroad:

The relevant survey fees together with a fee equivalent in amount to the surveyor's s travelling and subsistence expenses.

All fees and a deposit to cover the travelling and subsistence expenses must be paid in advance in the case of surveys abroad and an undertaking given for the payment of any balance of fees and expenses connected with the service.

For inspections in connection with the illumination from a ship of lifeboats in process of and after launching and for tests of lifeboat searchlights one-half the fees specified in this subparagraph.

Periods of less than one hour will be charged as one hour according to the scale.

For periods exceeding one hour, one-quarter fee will be charged for each quarter or part quarter of an hour, according to the scale.

Application for services by Surveyors out of office hours should be made on the prescribed form. The application must include an undertaking to pay the overtime fees.

The fees cover the services of all Surveyors, except that if the services of an Engineer Surveyor in addition to those of an Emigration Officer are required before an emigrant ship can be cleared, the survey made by the Engineer Surveyor will be regarded as a separate one and overtime charges will be made in respect of both officers.

Where the service cannot be commenced at the hour stated in the application or cannot be completed without interruption or if there is delay after completion, the time during which the Surveyors are kept waiting shall be charged at half the full appropriate overtime rate subject to a maximum fee of £35. This will not apply to the clearance of emigrant ships where the delay is due to circumstances outside the shipowner's control.

Time occupied in travelling will not be deemed overtime except time spent on a tender between the shore and the ship which will be charged at half the full overtime rates.

When attendance is required before 9 a.m. and after 5 p.m. on the same day the overtime fee will be payable in respect of each period.

These charges cover the whole of the inspection time occupied by the Medical Inspector.

Where three clear days' notice has been given of the survey or inspection and official arrangements have not allowed of the service being done within office hours, i.e. 9 a.m, to 5 p.m., no overtime charge will be made.

13. FEES FOR SERVICES BY THE STAFF OF MERCANTILE MARINE OFFICES.

Fees for Engagement and Discharge of Seamen

Provided that if any seamen are engaged on board a ship immediately after their discharge on board that ship the additional fee payable by reason of their engagement on board ship shall be half that specified above.

The actual travelling expenses of the Superintendent and his assistants between the Mercantile Marine Office and the ship shall be charged in addition in every case.

14. FEES FOR EXAMINATION FOR CERTIFICATES OF COMPETENCY AS MASTERS, MATES, ENGINEERS AND SKIPPERS AND SECOND HANDS.

For examination for a certificate of competency on each occasion on which a candidate presents himself:--

If a candidate for any Certificate of Competency fails in the sight tests only, the fee of five shillings for examination in the sight tests will be deducted and the balance of the fee returned. If a candidate fails in any other part of the examination no part of the fee shall be returned.

A candidate for a Certificate of Competency as Master, Mate, Engineer, Skipper or Second Hand or any person enquiring as to his eligibility for examination, must pay the appropriate fee before any enquiry is made as to his qualifications.

15. ABLE SEAMEN AND EFFICIENT DECK HANDS:

16. LIFEBOATMEN:

17. SIGHT TESTS:

19. INSPECTION OF REGISTERS AND MISCELLANEOUS FEES.

The following fees shall be payable for the Inspection of Registers, for reference to documents, or for searches made in the records of ships and seamen, and for copies of, or extracts from, those documents (see note (a)):--

REGISTRY OF SHIPS.

REGISTERS AND RECORDS RESPECTING SEAMEN AND PASSENGERS.

ISSUE AND RENEWAL OF CERTIFICATES, ETC.

RENEWAL OF CERTIFICATES OF COMPETENCY OR QUALIFICATION.

Notes to Paragraph 19. (a) The fees under this paragraph shall not be charged to Government Departments or to Consuls or other representatives of Foreign Governments when the inspection, etc., is required for official purposes.

The Agreement and Official Log Book of a ship for one voyage, or in case of Running Agreements (Home or Foreign Trade) for one half-year, are to be regarded as constituting one record.

When Certificates are lost by shipwreck or fire at sea, renewals or copies shall be issued without fee.

(b) This fee is for the attendance of an officer for one day only; it applies to the production of one document only, but the agreement and Official Log Book relating to one voyage may be regarded as one document, and in the case of a running agreement for one half-year the documents are regarded as constituting one record. When several documents have to be produced the fee shall be £1 10s. 0d. a day for the attendance of an officer and 5s. 9d. a day for each document produced.

(c) No charge shall be made for a book (Dis. A) when the original has been lost through shipwreck or fire at sea or for a continuation book when the original book has been filled.

SECOND SCHEDULE.

FEES FOR REGISTRATION, TRANSFER AND MORTGAGE OF SHIPS.

NOTE:--Fees under this Schedule are payable to Registrars of Ships.

(b) Transfer and Mortgage

On the transfer, transmission, registry anew, transfer of registry, mortgage and transfer of mortgage: According to the gross tonnage of ship or shares transferred (e. g. the transfer of one sixty-fourth share in a ship of 6,400 tons gross equals transfer of 100 tons gross):--

THIRD SCHEDULE

FEES OF RECEIVERS OF WRECK

NOTE:--Fees under this Schedule are paid to Receivers of Wrecks.

For every report required to be sent by the Receiver to the Secretary of Lloyd's in London--£1 2s. 6d.

For wreck taken by the Receiver into his custody, a percentage of five per cent. upon the value thereof. But in no case shall the whole amount so payable exceed £50.

In cases where any services are rendered by a Receiver, in respect of any ship in distress, not being a wreck, or in respect of the cargo or other articles belonging thereto, the following fees instead of a percentage:--

(i) if the ship with her cargo equals or exceeds £1,200 in value, the sum of £4 for the first, and £2 for every subsequent day during which the Receiver is employed on that service;

(ii) if the ship with her cargo is less in value than £1,200, one half of the abovementioned sums.

In addition the expenses incurred by Receivers of Wreck will be payable.

GIVEN under my Official Seal, this 16th day of December, 1963.

ERSKINE H. CHILDERS,

Minister for Transport and Power.

The Minister for Finance hereby consents to the making of the foregoing Order.

GIVEN under the Official Seal of the Minister for Finance, this 16th

day of December, 1963.

SÉAMAS Ó RIAIN.

EXPLANATORY NOTE.

This Order revokes the Merchant Shipping (Fees) Orders, 1954 and 1957, and provides for the payment of increased fees for various services in relation to shipping.