The Merchant Shipping (Fees) Regulations 1995 No. 1893


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Statutory Instruments

1995 No. 1893

MERCHANT SHIPPING

The Merchant Shipping (Fees) Regulations 1995

Made

14th July 1995

Laid before Parliament

18th July 1995

Coming into force

1st August 1995

The Secretary of State for Transport, in exercise of the powers conferred by section 33(2) of the Merchant Shipping (Safety Convention) Act 1949(1) and now vested in him(2), and paragraph 79 of Schedule 4 to the Merchant Shipping (Registration, etc.) Act 1993(3), and of all other powers enabling him in that behalf, with the consent and approval of the Treasury, hereby makes the following Regulations:

1. These Regulations may be cited as the Merchant Shipping (Fees) Regulations 1995 and shall come into force on 1st August 1995.

2.-(1) In these Regulations-

"the Act of 1948" means the Merchant Shipping Act 1948(4);

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

"the Act of 1967" means the Merchant Shipping (Load Lines) Act 1967(5);

"the Act of 1970" means the Merchant Shipping Act 1970(6);

"the Act of 1974" means the Merchant Shipping Act 1974(7);

"the Act of 1979" means the Merchant Shipping Act 1979(8);

"the principal Act" means the Merchant Shipping Act 1894(9);

"Radio Rules" means the following:

(i)

the Merchant Shipping (Radio) (Fishing Vessels) Rules 1974(10);

(ii)

regultaions 125A, 125B, 125C, 130 and 131 of the Fishing Vessels (Safety Provisions) Rules 1975(11);

(iii)

the Merchant Shipping (Radio Installations) Regulations 1992(12);

(iv)

the Merchant Shipping (Navigational Equipment) Regulations 1993(13); and

(v)

the Merchant Shipping (Survey and Certification) Regulations 1995(14), so far as those Regulations relate to radio installations on cargo ships;

"tons" means gross tons, and the 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:

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

4.-(1) 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;

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

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

(d)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;

(e)any specific costs incurred in respect of computer or outisde services shall be charged additionally to the hourly rate;

(f)in the case of fees payable to British Telecommunications plc for services in connection with the Radio Rules where the amount of work chargeable for is not an exact hour, the time shall be rounded up to the nearest quarter hour.

(2) The cost of travelling and subsistence in respect of tonnage measurement incurred in visiting a ship outside the United Kingdom shall be chargeable additionally to the fee in paragraphs 3 and 4 of Part II of the Schedule to these Regulations.

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 except in the case of the issue of a certificate pursuant to the Radio Rules where the survey for the purpose of such a certificate was performed abroad by a locally appointed surveyor. In such a case the work involved in the issue of the certificate shall be charged for separately at the hourly rate of £50.

(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 authority of the Secretary of State for Transport

Goschen

Parliamentary Under Secretary of State,

Department of Transport

13th July 1995

We consent to and approve the making of these Regulations

Andrew Mackay

Derek Conway

Two of the Lords Commissioners of Her Majesty's Treasury

14th July 1995

Regulation 5

SCHEDULE

PART ISURVEYS, INSPECTIONS AND APPLICATIONS FOR EXEMPTION

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

(1) Primary Legislation

(2) Statutory Instruments

TITLES.I. NumberAmended by S.I.
A. CREW
Merchant Shipping (Code of Safe Working Practices) Regulations 1980686
Merchant Shipping (Health and Safety: General Duties) Regulations 19844081988/1396
Merchant Shipping (Safety Officials and Reporting of Accidents and Dangerous Occurrences) Regulations 19828761984/93 1994/2014
Merchant Shipping (Protective Clothing and Equipment) Regulations 19851664
Merchant Shipping (Guarding of Machinery and Safety of Electrical Equipment) Regulations 198816361988/2274
Merchant Shipping (Means of Access) Regulations 198816371988/2274
Merchant Shipping (Entry into Dangerous Spaces) Regulations 198816381988/2274
Merchant Shipping (Hatches and Lifting Plant) Regulations 198816391988/2274
Merchant Shipping (Safe Movement on Board Ship) Regulations 198816411988/2274
Merchant Shipping (Provisions and Water) Regulations 1989102
B. CREW ACCOMMODATION
Merchant Shipping (Crew Accommodation) Regulations 19787951979/491 1984/41 1989/184
C. DANGEROUS GOODS
Merchant Shipping (Gas Carriers) Regulations 19942464
Merchant Shipping (Dangerous Goods and Marine Pollutants) Regulations 19902605
D. DIVING AND SUBMERSIBLES
Merchant Shipping (Diving Operations) Regulations 19751161975/2062
Merchant Shipping (Submersible Craft Construction and Survey) Regulations 198110981987/306
Merchant Shipping (Submersible Craft Operations) Regulations 19873111987/1603
E. FIRE AND LIFE-SAVING
Merchant Shipping (Life-Saving Appliances) Regulations 19805381981/577 1986/1072 1991/1300
Merchant Shipping (Fire Appliances) Regulations 19805441981/574 1985/1194 1986/1070 1991/3162
Merchant Shipping (Fire Protection) Regulations 198412181985/1193 1986/1070 1992/2360 1993/3163
Merchant Shipping (Fire Protection) Ships built before 25th May 1980) Regulations 198512181986/1070 1993/3164
Merchant Shipping (Fire Protection) (Non-United Kingdom) (Non-SOLAS Ships) Rules 198612481993/3161
Merchant Shipping (Life-Saving Appliances) Regulations 198610661991/1300
Merchant Shipping (Musters and Training) Regulations 198610711993/3231
Merchant Shipping (Life-Saving Appliances for Passenger Ships of Classes III to VI(A)) Regulations 19922359
F. FISHING VESSELS
Merchant Shipping (Crew Accommodation) (Fishing Vessels) Regulations 19752220
Fishing Vessels (Safety Provisions) Rules 19753301975/471 1976/432 1977/313 1977/498 1978/1598 1978/1873 1981/567 1991/1342
Fishing Vessels (Life-Saving Appliances) Regulations 198838
Fishing Vessels (Safety Training) Regulations 1989126
G. LOAD LINES
Merchant Shipping (Load Lines) Rules 196810531970/1003 1979/1267 1990/2128 1990/2543 1993/1994
Merchant Shipping (Load Lines) (Length of Ship) Regulations 19681072
Merchant Shipping (Load Lines) (Deck Cargo) Regulations 19681089
Merchant Shipping (Load Lines) (Particulars of Depth of Loading) Regulations 19721841
Merchant Shipping (Grain) Regulations 19851217
H. MEDICAL STORES
Merchant Shipping Vessels (Medical Stores) Regulations 19861441986/1116
Merchant Shipping (Medical Stores) (Fishing Vessels) Regulations 19881547
I. RADIO AND NAVIGATIONAL EQUIPMENT
Merchant Shipping (Navigational Equipment) Regulations 198412031985/659 1994/1104
Merchant Shipping (Radio) (Fishing Vessels) Rules 197419191982/1292 1994/1104
Merchant Shipping (Radio Installations) Regulations 199231995/1210
Merchant Shipping (Navigational Equipment) Regulations 199369
J. SHIPS - CONSTRUCTION AND EQUIPMENT
Merchant Shipping (Passenger Ship Contstruction) Regulations 19805351985/660 1986/1074 1987/1886 1988/1693
Merchant Shipping (Automatic Pilot and Testing of Steering Gear) Regulations 1981571
Merchant Shipping (Cargo Ship Construction and Survey) Regulations 19815721985/663 1992/135 1995/1210
Merchant Shipping (Cargo Ship Safety Equipment Survey) Regulations 19815731985/211
Merchant Shipping (Passenger Ship Classification) Regulations 19811472
Merchant Shipping (Passenger Ship Construction and Survey) Regulations 198412161986/1074 1987/1886 1988/1693 1990/892 1992/2358 1995/1210
Merchant Shipping (Cargo Ship Construction and Survey) Regulations 198412171986/1067 1992/135
Merchant Shipping (Application of Construction and Survey Regulations to Other Ships) Regulations 1985661
Merchant Shipping (Closing of Openings in Hulls and in Watertight Bulkheads) Regulations 19871298
Merchant Shipping (Pilot Ladders and Hoists) Regulations 198719611993/3232
Merchant Shipping (Closing of Openings in Enclosed Superstructures and in Bulkheads above the Bulkhead Deck) Regulations 1988317
Merchant Shipping (Closing of Openings in Enclosed Superstructures and in Bulkheads above the Bulkhead Deck) (Application to Non-United Kingdom ships) Regulations 1988642
Merchant Shipping (Emergency Equipment Lockers for Ro/Ro Passenger Ships) Regulations 19882272
Merchant Shipping (Loading and Stability Assessment of Ro/Ro Passenger Ships) Regulations 1989100
Merchant Shipping (Emergency Information for Passengers) Regulations 1990660
Merchant Shipping (Pilot Boats) Regulations 199165
Merchant Shipping (Vessels in Commercial Use for Sport and Pleasure) Regulations 19931072
K. PREVENTION AND CONTROL OF POLLUTION
Merchant Shipping (Prevention of Oil Pollution) Regulations 198313981985/2040 1992/98 1993/1680 1994/2085
Merchant Shipping (IBC Code) Regulations 19875491990/2602 1994/2082
Merchant Shipping (BCH Code) Regulations 19875501990/2603 1994/2084
Merchant Shipping (Control of Pollution by Noxious Liquid Substances in Bulk) Regulations 19875511990/2604 1994/2083
L. MANNING AND CERTIFICATION
Fishing Vessels (Certification of Deck Officers and Engineer Officers) Regulations 198411151991/1819 1995/1428
Merchant Shipping (Certification of Deck Officers) Regulations 198513061987/884 1991/1819 1995/1429
Merchant Shipping (Certification of Marine Engineer Officers and Licensing of Marine Engine Operators) Regulations 198619351987/884 1995/1429
Merchant Shipping (Safe Manning Document) Regulations 19921564
M. SURVEY AND CERTIFICATION
Merchant Shipping (Survey and Certification) Regulations1210

2.-(1) Subject to sub-paragraph (2) below and to any additional charge payable under Part XII of this Schedule, the fees for the services in this Part shall be determined by the amount of work involved, charged at an hourly rate of £45.

(2) In the case of the Radio Rules, the fees for any services performed by British Telecommunications plc pursuant to Regulations 125A, 125B, 125C, 130 and 131 of the Fishing Vessels (Safety Provisions) Rules 1975 and Merchant Shipping (Survey and Certification) Regulations 1995 shall be charged as follows-

(a)in respect of time occupied by the survey (subject to regulation 4 above and to any additional charge payable under Part XII below) in travelling, conducting the survey and completing a report of the survey, at an hourly rate of £50, and

(b)in respect of all administrative and other work involved, at an amount of £82 for fishing vessels, and £100 for other ships.

3. Subject to paragraph 4 below and except in relation to the services referred to in paragraph 5 below, the services in this Part 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 sections H and L 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(a), (b), (d), (e) or (f) above which is 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 the Merchant Shipping (Radio) (Fishing Vessels) Rules 1974.

(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-paragraphs 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 sub-paragraph (2) above.

(4) If during the course of the work the Secretary of State estimates that the duration of the work likely to be required is greater than that estimated under sub-paragraph (3) above, the fee shall be recalculated by reference to that greater estimate, and the excess, if any, over the fee originally payable shall be paid by the applicant.

(5) 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 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.

(6) In the case of any service performed by British Telecommunications plc pursuant to regulations 125A, 125B, 125C, 130 and 131 of the Fishing Vessels (Safety Provisions) Rules 1975, sub-paragraph (3) above shall apply as if the reference to the Secretary of State were a reference to British Telecommunications plc.

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.

PART IITONNAGE MEASUREMENT

Fees for Measurement of Ship's Tonnage

1. The fees prescribed in this Part include survey and certification under regulation 29, and inspectio of markings under regulation 33, of the Merchant Shipping (Registration of Ships) Regulations 1993(22).

2. In this Part-

"the Regulations" means the Merchant Shipping (Tonnage) Regulations 1982(23);

"sister ship" means a ship which corresponds in all major respects relevant to 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 commencment of measurement for tonnage of the first-mentioned ship, application has been made in writing by or on behalf of the owner of that ship requesting it to be treated as a sister ship.

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

A ship which excceds (tons)A ship which does not exceed (tons)Fee
200£740
200300£940
300400£1,070
400475£1,210
475975£1,620
9751,500£1,900
2,0002,500£2,300
2,5003,000£2,440
3,00015,000£2,440 plus £315 for each 1,000 tons or part thereof by which the vessel exceeds 3,000 tons
15,00025,000£6,220 plus £205 for each 1,000 tons or part thereof by which the vessel exceeds 15,000 tons
25,00060,000£8,270 plus £165 for each 1,000 tons or part therof by which the vessel exceeds 25,000 tons
60,000£14,045

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 not exceed 90% of the fee provided for in the Table for a ship of the same tonnage.

(b)The fee for a sister ship, or a foreign ship with an International Tonnage Certificate (1969) transferring to the United Kingdom register, shall be determined by the amount of work involved, charged at an hourly rate not exceeding £50.50 subject to the maximum fee chargeable under sub-paragraph (1)(a) above.

(2) (a) The fee 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) to the Regulations shall not exceed 100% of the fee provided for in the Table for a ship of the same tonnage.

(b)The fee for a sister ship shall be determined by the amount of work involved, charged at an hourly rate not exceeding £50.50 subject to the maximum fee chargeable under sub-paragraph (2)(a) above.

(3) (a) The fee to be charged for the tonnage measurement of a ship in accordance with Schedule 5, Part III, paragraph 13 to the Regulations (alternative tonnages) shall not exceed 150% of the fee provided for in the Table for a ship of the same tonnage.

(b)The fee for a sister ship shall be determined by the amount of work involved, charged at an hourly rate not exceeding £50.50 subject to the maximum fee chargeable under sub-paragraph (3)(a) above.

(4) (a) The fee 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 not exceed 80% of the fee provided for in the Table for a ship of the same tonnage.

(b)The fee for a sister ship shall be determined by the amount of work involved charged at an hourly rate not exceeding £50.50 subject to the maximum fee chargeable under sub-paragraph (4)(a) above.

(5) (a) Subject to sub-paragraph (b) below, the fee 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 to the Regulations shall not exceed £157.50.

(b)In addition to the fee for such a ship (whether or not restricted by the figure of £157.50), there shall be charged also the costs of travelling and subsistence incurred on any visit to the ship on which travelling time of over eight hours is involved.

(6) The fee to be charged for the tonnage measurement of a ship to which Schedule 5, Part I, paragraph 2(3) to the Regulations (girthing of a loaded ship) applies, shall not exceed 50% of the fee provided for in the Table for a ship of the same tonnage.

(7) The fee to be charged for the re-measurement of a ship for tonnage purposes, verification of changes in any of the registered particulars, or any other services associated with that tonnage measurement shall be determined by the amount of work involved charged at an hourly rate not exceeding £50.50 subject to the maximum fee shown for a ship of the same 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, other than a certificate of equivalent compentency referred to in Part V below, shall (except as provided in section C of Part IV below) be £14.

PART IVEXAMINATIONS CONDUCTED BY THE DEPARTMENT OF TRANSPORT FOR CERTIFICATES OF COMPETENCY AS AN OFFICER APPLICATIONS FOR EXEMPTIONS AND OTHER SERVICES

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

Service

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-

(a)deck officer (fishing vessel) Class 1 £109

(b)deck officer (fishing vessel) Class 2 £90

(c)deck officer (fishing vessel) Class 3 £109

(d)engineering officer (fishing vessel) Class 1 £109

(e)engineering officer (fishing vessel) Class 2 £90

2. For examination for a sight test certificate where it is a requirement for a candidate for an examination for a certificate of competency as a deck officer (fishing vessel) in case 1(a), (b) or (c) above and for the grant of a certificate to a person passing the examination £19

3. For consideration of an application for an examination under paragraph 1 or 2 above where the applicant cancels his application (so that the fee under that paragraph will otherwise be refunded)-

(a)if cancellation is before a notice of eligibility for examination has been issued £12.50

(b)if cancellation is after a notice of eligibility for examination has been issued £25

4. For consideration of an application for an examination under paragraphs 1 or 2 above where such consideration involves overseas postage for the Department £10

Section BFees in connection with 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-

(a)deck officer Class 1 (master mariner) £109

(b)deck officer Class 2 £109

(c)deck officer Class 4 £90

(d)deck officer Class 5 £90

(e)marine engineer officer Class 1 £109

(f)marine engineer officer Class 2 £109

(g)marine engineer officer Class 3 £109

(h)marine engineer officer Class 4 £90

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

(a)master (extended European) £109

(b)master (limited European) £109

(c)tugmaster £109

(d)tugmaster (limited European) £109

(e)master (restricted) and master (restricted) (extended European) £109

(f)master (restricted) (limited European) £109

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-

4. For examination for a service endorsement to a certificate of compentency as a marine engineer officer £90

5. For examination for a sight test certificate where it is a requirement for a candidate for an examination for a certificate of competency as a deck officer in case 1(a), (b), (c) or (d) or for a command endorsement, and for the grant of a certificate to a person passing the examination £19

6. For consideration of an application for an examination under any of paragraphs 1 to 4 above where the applicant cancels his application (so that the fee under that paragraph will otherwise be refunded)-

(a)if cancellation is before a notice of eligibility for examination has been issued £12.50

(b)if cancellation is after a notice of eligibility for examination has been issued £25

7. For consideration of an application for an examination under any of paragraphs 1 to 4 above where such consideration involves overseas postage for the Department £10

Section CRemoval of Endorsements, and Dangerous Cargo Endorsement

1. Removal of a "For Standby, Seismic, and Oceanographic Survey Vessels Only" endorsement from a certificate of competency £40

2. Removal of a "For Tug Service Only" endorsement from a certificate of competency £40

3. For a dangerous cargo endorsement to a certificate of competency or service £40

Section DMiscellaneous

1. For examination for an electronic navigation systems certificate or an electronic navigation systems (fishing) certificate and for the grant of a certificate to a person passing the examination £40

2. For examination for a certificate of qualification as efficient deck hand except where the examination is sat at a centre specially approved by the Secretary of State, and for the grant of a certificate to a person passing the examination £19

3. For the grant of a certificate of qualification as efficient deck hand where the examination was sat at a centre specially approved by the Secretary of State £10.25

4. For examination for a certificate of proficiency in survival craft except where the examination is sat at a centre specially approved by the Secretary of State, and for the grant of a certificate to a person passing the examination £19

5. For the grant of a certificate of proficiency in survival craft where the examination was sat at a centre specially approved by the Secretary of State £10.25

6. For examination for a licence as Marine Engine Operator or Senior Marine Engine Operator and for the grant of a certificate to a person passing the examination £77

7. For the grant of a certificate of continued proficiency and updating of knowledge in respect of a certificate of competency or service £18.50

8. For consideration of any application for an exemption from the requirements of the statutory instruments mentioned in Section L of paragraph 1(2) of Part I of this Schedule

(i)involving one ship or person only £110

(ii)involving more than one ship or person £110 plus an additional charge of £27 for each additional ship or person included in the exemption (whether included in the initial exemption or added later)

9. For the grant of a licence of service as a Marine Engineer Operator £14

10. For the grant of a Certificate of Service (Fishing Vessel) (Deck or Engineer) £14

11. For consideration of any application for an exemption from the requirements of the Merchant Shipping (Certification of Ships' Cooks) Regulations 1981(24) and the Merchant Shipping (Ships' Doctors) Regulations 1981(25) £110

12. For examination by an approved medical practitioner on application for a medical fitness certificate under the Merchant Shipping (Medical Examination) Regulations 1983(26) £48.75

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(27), there shall be subsituted the following-

"SCHEDULE 3FEES

Service

1. For sitting the examination specified in regulation 4(1)(c), except in a case to which paragraph 3 of this Schedule applies or where the examination is sat at a centre specially approved by the Secretary of State £19

2. For the grant of a certificate of competency, except in a case to which paragraph 3 of this Schedule applies £10.25

3. For sitting the said examination and for the grant of a certificate of competency in the case of a person making application therefor under regulation 5(6) and passing the examination £19

4. For a copy of a certificate of competency issued pursuant to regulation 10, except where the loss or destruction of the original certificate was occasioned by the wreck or loss of a ship or by a fire on board ship, in which case no fee shall be payable £10.25"

PART VCERTIFICATES OF EQUIVALENT COMPETENCY

The fees payable under this Part are in connection with applications for certificates of equivalent competency, under the Fishing Vessels (Certification of Deck Officers and Engineer Officers) Regulations 1984, the Merchant Shipping (Certification of Deck Officers) Regulations 1985 and the Merchant Shipping (Certification of Marine Engineer Officers and Licensing of Marine Engine Operators) Regulations 1986.

A Certificates

The fee for consideration of an applicant's qualifications for issue of a certificate of equivalent competency, including issue of a certificate, is £49. £14 shall be refunded if a certificate is not finally issued.

B Examinations

Service

1. For examination for oral competency on each occasion on which a candidate presents himself (fishing vessel)-

(a)deck officer (fishing vessel) Class 1 £84

(b)deck officer (fishing vessel) Class 2 £65

(c)deck officer (fishing vessel) Class 3 £84

(d)engineering officer (fishing vessel) Class 1 £84

(e)engineering officer (fishing vessel) Class 2 £65

2. - For examination for oral competency on each occasion on which a candidate presents himself (merchant ship)-

(a)deck officer Class 1 (master mariner) £84

(b)deck officer Class 2 £84

(c)deck officer Class 4 £65

(d)deck officer Class 5 £65

(e)marine engineer officer Class 1 £84

(f)marine engineer officer Class 2 £84

(g)marine engineer officer Class 3 £84

(h)marine engineer officer Class 4 £65

3. For examination for a sight test certificate where it is a requirement for a candidate for an examination for a certificate of competency as a deck officer (fishing vessel) in case 1(a), (b) or (c) above, or as a deck officer in case 2(a), (b), (c) or (d) above, and for the grant of a certificate to a person passing the examination £19

C Endorsement and Revalidation

The following provisions of Part IV of this Schedule apply in relation to certificates of equivalent competency as they apply in relation to other certificates of competency: that is to say paragraph 3 of Section 3, and paragraph 7 of Section D.

PART VIBOATMASTERS' LICENCES

In this Part-

"the 1993 Regulations" means the Merchant Shipping (Local Passenger Vessels) (Masters' Licence and Hours, Manning and Training) Regulations 1993(28);

"existing boatman's licence" has the meaning given in the 1993 Regulations; and

"Boatmaster's Licence" means a Licence within the meaning of regulation 4 of the 1993 Regulations.

Service Fee

1. Practical test for examination for Boatmaster's Licence £49

2. Oral test part of examination for Boatmaster's Licence £35

3. Issue of Boatmaster's Licence (except where the licence is issued in exhange for an existing boatman's licence, in which case no fee shall be payable) £18

4. Revalidation of Boatmaster's Licence £17

5. Endorsement of additional areas on Boatmaster's Licence £28 (on each occasion of an endorsement)

6. Replacement of lost Boatmaster's Licence, except where the loss or destruction of the original certificate was occasioned by the wreck or loss of the vessel or by a fire on board the vessel, in which case no fee shall be payable £18

7. Application for exemption from Part II of the 1993 Regulations £28

PART VIIREGISTRATION OF SHIPS AND SUBMERSIBLE CRAFT

Fees for Registration, Transfer and Mortgage of Ships (excluding Fishing Vessels) and Inspection of the Register

1. In this Part-

Service

2.-(1) Registration of a ship (including registration of a ship whose registry has expired) £115

(2) Registration of transfer of ownership of a registered ship £69

(3) Registration of transfer of share or shares in a registered ship

(a)one transfer £69

(b)where more than one transfer in relation to a ship is lodged at the same time

(4) Renewal of registration under regulation 42 of the Merchant Shipping (Registration of Ships) Regulations 1993(30) £46

(5) Registration of mortgages

(a)one mortgage £92

(b)where two or more mortgages of the same ship and in relation to the same loan are lodged at the same time

(6) Registration of notice of intended mortgage £23

(7) Issue of duplicate certificate £12

(8) Issue of transcripts of entries in the Register relating to any one ship:

(a)for current entries £12

(b)for other entries £23

(9) Personal inspection of the register £10

(10) Registration of change of name of a ship £30

(11) Registration of change of port of choice £30

(12) Registration of change of measurement, tonnage or engine particulars recorded in the Register £30

(13) Transfer to a port in a British possession £30

(14) Transfer from a port in a British possession £100

(15) Application to the Registrar for provisional registration of a ship £100

(16) Registration of a ship following provisional registration by the Registrar £150

(17) Issue of a certificate of registry for a small ship on Part III of the Register, including an amended certificate or a duplicate copy of the certificate £10

(18) Issue of a transcript of entries in Part III of the Register relating to any one ship

(a)for current entries £5

(b)for other entries £10

(19) Personal inspection of Part III of the Register £10

(20) On application to register a submersible craft £32

PART VIIIREGISTRATION ETC OF FISHING VESSELS

Fees for Registration and Transfer of Fishing Vessels, including fishing vessels which are bareboat charter ships eligible to be registered on Part IV of the Register, Registration of Mortgages thereon and other Related Matters and for Inspection of the Register

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 Ships) Regulations 1993;

"transfer" includes transmission.

Service£Additional Fees for Counter Service £

1. Registration of a vessel (including registration of a vessel whose registry has expired)

(a)with full registration

138160

(b)with simple registration

104160

2. Registration of transfer of ownership of a registered vessel

(a)with full registration

69100

(b)with simple registration

52100

3. Registration of transfer of share or shares in a registered vessel

(a)one transfer

(i)with full registration

69100

(ii)with simple registration

52100

(b)where more than one transfer in relation to a ship is lodged on the same occasion

  • two transfers

(i)with full registration

84110

(ii)with simple registration

62110
  • three transfers

(i)with full registration

100120

(ii)with simple registration

70120
  • four transfers

(i)with full registration

120130

(ii)with simple registration

70130
  • five or more transfers

(i)with full registration

138140

(ii)with simple registration

104140

4. Renewal of registration under regulation 42 of the Merchant Shipping (Registration of Ships) Regulations 1993

4670

5. Change of registered vessel from simple to full registration

4690

6. Registration of mortgage

(a)one mortgage

9250

(b)where two or more mortgages of the same vessel and in relation to the same loan are lodged on the same occasion

  • two mortgages

17360
  • three mortgages

24270
  • four mortgages

29980
  • five or more mortgages

34590

7. Registration of notice of intended mortgage

2330

8. Issue of duplicate certificate

1220

9. Issue of transcript of entries in the register relating to any one vessel

(a)for current entries

1215

(b)for other entries

2320

10. Personal inspection of the register

10

11. Registration of change of name of the vessel

3580

12. Registration of change of port of choice and/or port number

3580

13. Registration of change of measurement, tonnage or engine particulars recorded in Register

3580

14. Application to the Registrar for provisional registration of a vessel

100N/A

15. Registration of a vessel following provisional registration by the Registrar

65N/A

Where two or more changes under items 11, 12 or 13 in respect of any one vessel are to be inspected for the purpose of verifying the changes on the same visit, the fee for the second and subsequent services shall be reduced by £20 each.

PART IXCOPIES OF DOCUMENTS

Fees for Copies of, or Extracts from, Documents Admissible in Evidence

Service Fee

Supplying a certified copy of any declaration or document a copy of which is made evidence by the Merchant Shipping Acts, or a certified copy of or extracts from a document declared by the Merchant Shipping Acts to be admissible in evidence

(a)if the declaration or document relates to the registration of a ship £25

(b)in any other case, for each page or portion thereof £6

PART XSEAMEN'S DOCUMENTS

Fees 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(31); 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.

2.-(1) For the issue of a British Seaman's Card-

(a)To a British Seaman under regulation 5 of the Regulations:

(i)on postal application £16.50

(ii)other £35

(b)to a person who would, but for the provisions of regulation 9 of the Regulations, be regarded as a holder of a British Seaman's Card:

(i)on postal application £16.50

(ii)other £35

(c)to a person who has ceased to be regarded as the holder of a British Seaman's Card because it has been lost, destroyed or defaced through shipwreck or fire at sea No fee

(2) For the issue or renewal of a discharge book under paragraph (1) of regulation 17 or under paragraphs (1) or (2) of regulation 18 of the Regulations (except where paragraph 2(2)(b) below applies) to a seaman

(a)to a seaman

(i)on postal application £16.50

(ii)other £35

(b)to a seaman to whom a Seaman's Record Book has been issued or who was the holder of a discharge book which in either case has been lost, destroyed or defaced through shipwreck or fire at sea No fee

PART XIEXEMPTIONS FROM CREW AGREEMENTS AND MEDICAL STORES REGULATIONS

1. For consideration of any application for an exemption from provisions of the requirement of section 1 of the 1970 Act £39

2. For consideration of any application for an exemption from the requirements of the statutory instruments in section H of paragraph 1(2) of Part I of this Schedule £72

PART XIIADDITIONAL CHARGES

Fees in respect of Surveys or Inspections, in or outside the United Kingdom, for Waiting Time and Attendance at Unusual Hours, Weekends and Public Holidays

1. Subject to paragraph 2 below-

(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.

2. 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, an additional fee will not be payable.

Radio surveys £ per hour or part thereofOther surveys inspections and tests £ per hour or part thereof

1. For waiting time prior to the commencement of and during the course of a survey or inspection

for a period not in excess of one hourNo feeNo fee
for periods in excess of one hour-
for surveys in United Kingdom5045
for surveys abroad10090

2. For abortive visits in the United Kingdom: for the time wasted in excess of one hour at the place of survey or inspection plus the time occupied in travelling to and from the place of survey

5045

3. When a surveyor or inspector is called upon to perform services at unusual hours; for work undertaken during the following times including time occupied in travelling

Mondays to Fridays inclusive between 6pm and 8am and all day Saturday2522.50
Sundays and Public Holidays5045

Explanatory Note

(This note is not part of the Regulations)

These Regulations revoke and replace the Merchant Shipping (Fees) Regulations 1991 and the subsequent amendments.

The Regulations prescribe changes in some of the rates charged, and introduce new fees. In particular-

(i)Fees for tonnage measurement have been increased by about 3% and the bottom range of the scale has been removed, and fees have been made maximum fees (Schedule, Part II).

(ii)Radio survey fees have been increased by about 4% (Schedule, Part I, paragraph 2).

(iii)Fees have been set for Certificates of Equivalent Competency (introduced by the Merchant Shipping (Certification of Deck and Marine Engineer Officers) (Amendment) Regulations 1995 and the Fishing Vessels (Certification of Deck and Marine Engineer Officers) (Amendment) Regulations 1995 and the Fishing Vessels (Certification of Deck Officers and Engineer Officers) (Amendment) Regulations 1995) (Schedule, Part V).

(iv)Fees are introduced in connection with the administration of marine examinations (Schedule, Part IV, Sections A, 3 and 4, and Section B, 6 and 7).

(1)

1949 c. 43; section 33 was repealed by the Merchant Shipping (Registration, etc.) Act 1993 (c. 22), except that it remains in force for the sole purpose of enabling regulations to be made prescribing maximum fees for measurement of a ship's tonnage (see S.I. 1993/3137, Schedule 2, appendix).

(2)

See S.I. 1990/1537.

(10)

S.I. 1974/1919,amended by S.I. 1982/1292 and S.I. 1994/1104.

(11)

S.I. 1975/330; relevant amendment is 1991/1342.

(12)

S.I. 1992/3, amended by S.I. 1995/1210.

(13)

S.I. 1993/69.

(14)

S.I. 1995/1210.

(15)

S.I. 1991/784.

(16)

S.I. 1991/1404.

(17)

S.I. 1993/1340.

(18)

S.I. 1993/1676.

(19)

S.I. 1994/502.

(20)

Part III is repealed (so far as not already repealed) with effect from 31st December 1995: S.I. 1995/1210, regulation 1(5).

(22)

S.I. 1993/3138.

(23)

S.I. 1982/841 amended by S.I. 1988/1910.

(24)

S.I. 1981/1706.

(25)

S.I. 1981/1065.

(26)

S.I. 1983/808, to which there is an amendment not relevant to these Regulations.

(27)

S.I. 1970/294; relevant amending instrument is S.I. 1983/1167.

(28)

S.I. 1993/1213.

(29)

1976/940; relevant amending instrument is S.I. 1987/306.

(30)

S.I. 1993/3138, amended by S.I. 1994/541.

(31)

S.I. 1987/408.


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