1. These Regulations may be cited as the Merchant Shipping (Fees) Regulations 1989 and shall come into force on 1st April 1989.

2.-(1) In these Regulations:

"the Act of 1948" means the Merchant Shipping Act 1948;

"the Act of 1949" means the Merchant Shipping (Safety Convention) Act 1949;

"the Act of 1967" means the Merchant Shipping (Load Lines) Act 1967;

"the Act of 1970" means the Merchant Shipping Act 1970;

"the Act of 1974" means the Merchant Shipping Act 1974;

"the Act of 1979" means the Merchant Shipping Act 1979;

"the principal Act" means the Merchant Shipping Act 1894(14); and

"tons" means gross tons and the gross tonnage of a ship having alternative gross tonnages shall be taken to be the larger of those tonnages.

(2) Subject to regulation 3 below the following Regulations are hereby revoked:-�the Merchant Shipping (Fees) Regulations 1988(15); the Merchant Shipping (Fees) (Amendment) Regulations 1988(16).

3. Nothing in these Regulations shall apply to any work involved in carrying out a service before these Regulations come into force.

4. Where a fee is determined by the amount of work involved on or off the ship:

(a)travelling time in excess of 4 hours for each visit to a ship in the United Kingdom shall be disregarded except for the initial survey or inspection of a fishing vessel under the Fishing Vessel (Safety Provisions) Rules 1975(17) or the Merchant Shipping (Crew Accommodation) (Fishing Vessels) Regulations 1975(18);

(b)travelling time includes the time taken to travel from the United Kingdom to a ship overseas subject to a maximum of 10 hours in any 24 hour period;

(c)notwithstanding regulation 4(a) above, travelling time in the United Kingdom in respect of the survey of a fishing vessel for the renewal of a United Kingdom fishing vessel certificate under the Fishing Vessels (Safety Provisions) Rules 1975 shall be charged for at a flat rate of £45 for each of up to and including three visits required for the survey or inspection, and for any visit after the third visit required for the survey at a rate of £90 for each such visit or, if more than two hours travelling time are involved in any such visit, at a rate of £45 per hour, up to a maximum of £180 for each such visit;

(d)the cost of travelling and subsistence incurred in visiting a ship outside the United Kingdom shall be charged additionally to the hourly rate;

(e)time spent by a surveyor in the office in respect of the survey of a fishing vessel for a United Kingdom fishing vessel certificate under the Fishing Vessels (Safety Provisions) Rules 1975 or of an inspection under the Merchant Shipping (Crew Accommodation) (Fishing Vessels) Regulations 1975 shall be charged for at a rate of £45 per hour, except that in the case of a survey of a fishing vessel for the renewal of such a certificate the charge shall be at a flat rate of £180.

(f)where the work is carried out in conjunction with a non-statutory survey for which fees are not payable under these Regulations, the work involved shall be the extra time taken to ensure compliance with the requirements for which fees are charged under these Regulations;

(g)any specific costs incurred in respect of computer or outside services shall be charged additionally to the hourly rate.

5.-(1) The fees payable for the services specified in the Schedule to these Regulations shall be the fees specified in relation thereto in that Schedule.

(2) The fee in the case of a survey or periodical inspection for the issue, renewal or endorsement of a certificate shall cover the issue or endorsement of that certificate.

(3) Where a fee payable under these Regulations is for, or covers, the issue or endorsement of a certificate, the certificate need not be issued or endorsed unless that fee has been paid. Signed by the authority of the Secretary of State

Regulation 5

SCHEDULE

PART Isurveys, inspections and applications for exemption

1. In this Part of the Schedule "the statutory requirements" means any provision of the following:

(1) Primary Legislation

The principal Act, Parts III and V, the Act of 1948, the Act of 1949, the Act of 1967, the Act of 1970, the Act of 1979, sections 20 and 21 and the Merchant Shipping Act 1988, sections 30 and 31.

(2) Statutory Instruments

2. Subject to any additional charge payable under Part XI of this Schedule, the fees for the services in this Part of the Schedule shall be determined by the amount of work involved, charged at an hourly rate of £42, except in the case of any service in connection with:

(a)the Merchant Shipping (Provisions and Water) Regulations 1989 when the hourly rate shall be £31.00;

(b)the Fishing Vessels (Safety Provisions) Rules 1975 when the hourly rate shall be £45;

(c)the Merchant Shipping (Crew Accommodation) (Fishing Vessels) Regulations 1975 when the hourly rate shall be £45; and

(d)the Merchant Shipping (Radio Installations) Regulations 1980, the Merchant Shipping (Navigational Equipment) Regulations 1984, the Merchant Shipping (Radio Installations Survey) Regulations 1981 and the Merchant Shipping (Radio) (Fishing Vessels) Rules 1974 when the hourly rate shall be £50.

3. Subject to paragraph 4 below and except in relation to the services referred to in paragraph 5 below, the services in this Part of the schedule are:

(a)any survey or inspection of a ship or its equipment for the issue, amendment, endorsement or renewal of a certificate in accordance with or showing compliance with any of the statutory requirements;

(b)any other inspection of a ship or its equipment under section 76(1) of the Act of 1970, on the application of the owner for the purpose of seeing that the ship complies with any of the statutory requirements;

(c)any other inspection under section 76(1) of the Act of 1970 otherwise than on the application of the owner to ensure compliance with the statutory requirements where a previous inspection (whether or not on the owner's application) has revealed a failure to comply with any of those requirements;

(d)any inspection or survey where the ship or any of its equipment subject to the statutory requirements has been damaged, changed or modified for the purpose of seeing that the ship complies with the statutory requirements after such damage, change or modification;

(e)except in relation to section K of paragraph 1(2) above, consideration of any application for an exemption or approval in accordance with the provisions of any of the statutory requirements;

(f)arranging the appointment of a surveyor not employed by the Department of Transport to undertake a survey or inspection outside the UK in accordance with the statutory requirements.

4.-(1) This paragraph shall apply in relation to any service mentioned in paragraph 3 above otherwise than in sub-paragraph (c) thereof provided in pursuance of an application made with a view to showing compliance with, or seeking exemption from, any requirement imposed by any of the statutory instruments listed in paragraph 1(2) above other than that marked with an asterisk.

(2) In respect of each such service a fee shall be payable by virtue of this paragraph so far as a fee would not otherwise be payable; and in the following provisions of this paragraph a reference to a fee is a reference to a fee in respect of such a service, whether payable by virtue of this paragraph or otherwise.

(3) Subject to the following sub-paragraph, a fee shall be paid when application for the service is made and the applicant is informed of the amount thereof and shall be calculated by reference to the Secretary of State's estimate of the duration of the work likely to be required in consequence of the application at the appropriate hourly rate specified in paragraph 2 above.

(4) If the duration of the work actually required in consequence of the application is greater or less than its estimated duration, the fee shall be recalculated by reference to the actual duration and the difference shall be paid by, or, as the case may be, refunded to, the applicant.

5. Where a fee is specified in or covered by another part of this Schedule for any survey, inspection or certificate in connection with any of the statutory requirements, the fee shall be payable in accordance with that Part and not this.

6. Subject to any additional charge payable under Part XI of this Schedule, the fee for supervision and inspection under the Anchors and Chains Cables Rules 1970(19) and the issue of Certificates under those Rules, shall be determined by the amount of work involved charged at an hourly rate of £42.

PART IItonnage measurement

Fees for Measurement of Ship's Tonnage

1. The fees prescribed in this Part include the survey and certification under section 6 and the inspection of markings under section 7(1) of the principal Act.

2. In this Part:-�

"the Regulations" means the Merchant Shipping (Tonnage) Regulations 1982(20).

"sister ship" means a ship which corresponds in all major respects relevant to the measurement for tonnage with a ship the tonnage of which has been previously ascertained under the Regulations, and for which the calculation for tonnage is available to the Certifying Authority to which, prior to the commencement of its measurement for tonnage, application has been made in writing by or on behalf of the owner of the ship requesting it to be treated as a sister ship.

3. The fee to be charged for the tonnage measurement of ships (not being a ship to which paragraph 4 below refers to) shall be that set out in the following Table:

4.-(1) (a) The fee to be charged for the tonnage measurement of a ship in accordance with Part II of the Regulations (that is to say, the International Tonnage Convention, 1969) shall be 70% of the fees set out in the Table.

(b)The fees for a sister ship, or a foreign ship with an International Tonnage Crtificate (1969) transferring to the United Kingdom register, shall be determined by the amount of work involved, charged at an hourly rate of £42 subject to the maximum fee chargeable under sub-paragraph (1)(a) above.

(2) (a) The fees to be charged for the tonnage measurement of a ship in accordance with either Schedule 5, Part I, paragraph 2(2) (single tonnage) or Schedule 5, Part III, paragraph 12 (modified tonnage) of the Regulations shall be 100% of the fees set out in the Table.

(b)The fees for a sister ship shall be determined by the amount of work involved, charged at an hourly rate of £42 subject to the maximum fee chargeable under sub-paragraph (2)(a) above.

(3) (a) The fees to be charged for the tonnage measurement of a ship in accordance with Schedule 5, Part III, paragraph 13 of the Regulations (alternative tonnages) shall be 150% of the fees set out in the Table.

(b)The fees for a sister ship shall be determined by the amount of work involved charged at an hourly rate of £42 subject to the maximum fee chargeable under sub-paragraph (3)(a) above.

(4) (a) The fees to be charged for the tonnage measurement of a ship in accordance with Part VI of the Regulations (gross tonnage for Interim Scheme for tonnage measurement for certain ships) shall be 80% of the fees set out in the Table.

(b)The fees for a sister ship shall be determined by the amount of work involved charged at an hourly rate of £42 subject to the maximum fee chargeable under sub-paragraph (4)(a) above.

(5) The fees to be charged for the tonnage measurement or measurement of a pleasure yacht under 13.7 metres (45 feet) in overall length in accordance with Schedule 5, Part IV and Appendix 5 of the Regulations shall; iwhen undertaken in the United Kingdom, not exceed £122 andiiwhen undertaken outside the United Kingdom, not exceed £244

(6) The fees to be charged for the tonnage measurement of a ship to which Schedule 5, Part I, paragraph 2(3) of the Regulations (girthing of a loaded ship) applies, shall be 50% of the fees set out in the Table.

(7) The fee to be charged for the remeasurement of a ship for tonnage purposes, verification of changes in any of the registered particulars, or any other services associated with the tonnage measurement shall be determined by the amount of work involved charged at an hourly rate of £42 subject to the maximum fee shown for a ship of that tonnage in the Table.

PART IIIcertificates of competency as an officer

The fee for the issue or endorsement of any certificate of competency as an officer shall (except as provided in section C of Part IV below) be £11.25.

PART IVexamination conducted by the department of transport for certificates of competancy as an officer and other services

Section AFees for examinations for certificates of competency as deck or marine engineer officer (fishing vessel).

1. For examination for a certificate of competency on each occasion on which a candidate presents himself for the practical oral part of the examination as-�

Section BFees for examinations for certificates of competency as master, deck officer or marine engineer officer (merchant ship).

1. For examination for a certificate of competency on each occasion on which a candidate presents himself for the practical oral part of the examination as

2. For examination on each occasion on which a candidate presents himself for the practical oral part for a command endorsement as:

3. For examination of a class 1, class 2 or class 4 marine engineer officer for the endorsement of his steam certificate to the effect that he is qualified to act in the capacity stated in his certificate on board a motor vessel, or vice versa, for the practical oral part of the examination;

Section CRemoval of Endorsements, and Dangerous Cargo Endorsement

Section DMiscellaneous

Section EFees for Examinations for Certificates of Competency as A.B.

1. For Schedule 3 to the Merchant Shipping (Certificates of Competency as A.B.) Regulations 1970(21), there shall be substituted the following:-�

"SCHEDULE 3FEES

PART Vregistration etc of ships and submersible craftFees for Registration, Transfer and Mortgage of Ships (excluding Fishing Vessels) and Inspection of the Register Book

1. In this Part;

"ship" does not include fishing vessels within the meaning of Part II of the Merchant Shipping Act 1988;

"submersible craft" means a submersible craft as defined in the Merchant Shipping (Registration of Submersible Craft) Regulations 1976(22).

PART VIregistration etc of fishing vesselsFees for Registration and Transfer of Fishing Vessels, Registration of Mortgages thereon and other Related Matters and for Inspection of the Register under Part II of the Merchant Shipping Act 1988.

1. In this Part:-�

"counter service" means any service performed for an applicant attending in person at a Local Office or at the office where the Register is kept;

"Local Office" has the same meaning as in the Merchant Shipping (Registration of Fishing Vessels) Regulations 1988(23):

"transfer" includes transmission.

PART VIIcopies of documentsFees for Copies of, or Extracts from, Documents Admissible in Evidence

PART VIIIwreckFees of Receivers of Wreck

PART IXseamen's documentsFees for the Issue of British Seamen's Cards and Discharge Books

1. In this Part "the Regulations" means the Merchant Shipping (Seamen's Documents) Regulations 1987(24); and the person to whom a British Seaman's Card or a discharge book has been issued is referred to as the holder of it.

PART Xengagement and discharge of seamenFees for the Engagement and Discharge of Seamen

1. In this Part "the Crew Agreements Regulations" means the Merchant Shipping (Crew Agreements, Lists of Crew and Discharge of Seamen) Regulations 1972(25) and the Merchant Shipping (Crew Arrangements, Lists of Crew and Discharge of Seamen) (Fishing Vessels) Regulations 1972(26).

2. For the engagement and discharge of seamen before a Superintendent pursuant to the Crew Agreements Regulations, or for any service rendered in connection with a crew agreement at the request of the owner, agent or master:-�

PART XIadditional chargesFees in Respect of Surveys or Inspections, in or outside the United Kingdom, for Waiting Time and Attendance at Unusual Hours, Weekends and Public Holidays

(i)When an inspector or surveyor is unable to start an inspection, survey or test at the appointed hour, unless this is for reasons over which the applicant, his agent or supplier has no control or

(ii)where (except for similar reasons) an inspection, survey or test is disrupted; or

(iii)where an inspector or surveyor is called upon to perform services in the United Kingdom at unusual hours, or outside the United Kingdom;an additional fee in accordance with the following Table shall be payable: Provided that where the inspector or surveyor is able to avoid waiting time by carrying out other available surveys or inspection work in the vicinity, for which the appropriate fees have been paid, such additional fees will not be payable.

Explanatory Note

(This note is not part of the Regulations)

These Regulations revoke the Merchant Shipping (Fees) Regulations 1988 as amended.

The Regulations prescribe changes in some of the rates charged by the Department of Transport and Customs & Excise. Fees for Marine Examinations and certificates of competency are increased by around 12% and some fees for registration of shipping and submersible craft are increased by around 7.6%. Fees for transfers of shares in fishing vessels are reduced where more than one transfer is lodged on the same occasion. The Regulations also prescribe a change in the structure of fishing vessel survey fees, and include a provision for charging for applications for approvals.