Citation, commencement and expiry

1.-(1) These Regulations may be cited as the Merchant Shipping (Fees) Regulations 2018 and come into force on 13th November 2018.

(2) They cease to have effect at the end of the period of seven years beginning with the day on which they come into force.

Interpretation

2.  In these Regulations-

"the Act" means the Merchant Shipping Act 1995;

"the Agency" means the Maritime and Coastguard Agency, an executive agency of the Department for Transport;

"inspection" includes audit, survey and test;

"issue" includes amendment, endorsement, re-issue and renewal;

"local office" means-

"premium service", in relation to a fee, means a service performed for an applicant attending in person at a local office or at the office where the register of British ships is kept;

"standard hourly rate" means-

"vessel" has the same meaning as "ship" in the Act.

Fees payable to the Agency

3.-(1) The fee payable in respect of a service or other function described in Schedule 1 is the fee-

(a)specified in that Schedule in relation to that service or function, or

(b)otherwise determined under that Schedule.

(2) Where a fee is payable in respect of the issue of a certificate, the Agency is not required to issue the certificate until that fee has been paid.

Payment for travel, subsistence and other expenses

4.-(1) Where a fee is determined by reference to the amount of work involved, the fee includes an amount for the time spent travelling, except that travelling time in excess of -

(a)4 hours for each visit to a ship in the United Kingdom, and

(b)10 hours in any period of 24 hours for travel from the United Kingdom to a ship located abroad and back to the United Kingdom,

is to be disregarded.

(2) The reasonable cost of travel and subsistence incurred in visiting a ship outside the United Kingdom is to be reimbursed to the Agency in addition to the fee payable under these Regulations.

(3) Paragraph (4) applies to expenses reasonably incurred in respect of any assistance provided to the Agency by a person not employed by it.

(4) To the extent that the expenses referred to in paragraph (3) relate to a service or function of the Agency for which a fee is payable under these Regulations, they are to be reimbursed to the Agency in addition to that fee.

Transitional provisions

5.-(1) Subject to paragraph (2), where an application for a service or other function for which a fee is payable under these Regulations is made before the day they come into force, but the service or function is provided on or after that date, the fee payable in respect of that service or function is the fee prescribed immediately before the coming into force of these Regulations.

(2) Paragraph (3) applies where-

(a)an application for a service or other function is made before these Regulations come into force,

(b)the fee payable in respect of that service or function is to be calculated by reference to an hourly rate, and

(c)any work to conduct that service or function is carried out after these Regulations come into force.

(3) The hourly rates prescribed under these Regulations apply for the purpose of calculating-

(a)the fee in respect of the service or other function carried out after the date these Regulations come into force, and

(b)any additional fee which becomes payable under Part 14 of Schedule 1 by reason of an event occurring after that date.

Revocation

6.  The Regulations specified in Schedule 2 are revoked.

Amendments

7.-(1) In each of the regulations specified in paragraph (2), for "Merchant Shipping (Fees) Regulations 2006" substitute "Merchant Shipping (Fees) Regulations 2018".

(2) The regulations specified for the purposes of paragraph (1) are-

(a)regulations 11(1) and 13(1)(b) of the Merchant Shipping (Prevention of Air Pollution From Ships) Regulations 2008(7),

(b)regulations 11(1) and 13(1)(b) of the Merchant Shipping (Prevention of Pollution by Sewage and Garbage from Ships) Regulations 2008(8),

(c)regulation 8(1) of the Merchant Shipping (Passenger Ships) Safety Code for UK Categorised Waters) Regulations 2010(9),

(d)regulation 22(3) of the Merchant Shipping (Port State Control) Regulations 2011(10), and

(e)regulations 15(1)(c) and 17(2) of the Merchant Shipping (Prevention of Pollution from Noxious Liquid Substances in Bulk) Regulations 2018(11).

Review

8.-(1) The Secretary of State must-

(a)carry out a review of the regulatory provision contained in these Regulations, and

(b)publish a report setting out the conclusions of the review.

(2) The report must be published before 13th November 2023.

(3) Section 30(4) of the Small Business, Enterprise and Employment Act 2015(12) requires that the report published under this regulation must, in particular-

(a)set out the objectives intended to be achieved by the regulatory provision referred to in paragraph (1)(a),

(b)assess the extent to which those objectives are achieved,

(c)assess whether those objectives remain appropriate, and

(d)if those objectives remain appropriate, assess the extent to which they could be achieved in another way which involves less onerous regulatory provision.

(4) In this regulation, "regulatory provision" has the same meaning as in sections 28 to 32 of the Small Business, Enterprise and Employment Act 2015 (see section 32 of that Act).

Regulation 3

SCHEDULE 1FEES UNDER THE MERCHANT SHIPPING ACT 1995

PART 1Surveys, Inspections and Applications for Exemption

Interpretation

1.  In this Part, "the statutory requirements" means requirements imposed by or under-

(a)the Act, and

(b)the statutory instruments listed in the Table in this Part.

Application of Part 1

2.-(1) Subject to paragraph 3, this Part applies to-

(a)the inspection of a ship, its equipment or management, for the issue of-

(i)a certificate; or

(ii)a letter of acceptance in lieu of a certificate;

(b)the approval and appointment of a surveyor not employed by the Agency to undertake an inspection mentioned in sub-paragraph (a), the consideration of the results thereof and the issue of a certificate or letter of acceptance in lieu of a certificate;

(c)an application for exemption from any of the statutory requirements (and the issue of an exemption, if approved);

(d)an inspection under section 258(1) of the Act;

(e)an inspection pursuant to the statutory requirements which results in the detention of a ship to which Part I of the Merchant Shipping (Port State Control) Regulations 2011 applies, and any subsequent inspection relating to the deficiencies which led to the detention;

(f)an inspection pursuant to the statutory requirements which results in the issue of a prevention of operation notice in accordance with regulation 9 of the Merchant Shipping (Mandatory Surveys for Ro-Ro Ferry and High Speed Passenger Craft) Regulations 2001(13) and any subsequent inspection relating to the deficiencies which led to the issue of that notice.

(2) In this paragraph and paragraph 3, "certificate" means a certificate of compliance with any of the statutory requirements.

3.  Where a fee is prescribed under another Part of this Schedule in respect of an application for the issue of a certificate, that fee applies and not the fee prescribed under this Part.

Deposit and time for payment

4.-(1) A person applying in respect of a service mentioned in paragraph 2(1)(a) or (c) must, before commencement of the work, pay a deposit on account of the fee calculated by reference to an estimate of the duration of the work likely to be required and the standard hourly rate.

(2) The amount of deposit is subject to review during the course of the work, and the applicant must pay any additional sum calculated by reference to any increased estimate of the work likely to be required.

(3) At the conclusion of the work, 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.

Fees for inspections, etc.

5.  Subject to any additional fee which may be payable under Part 14 of this Schedule, the fee for a service or function to which this Part applies performed by a person employed by the Agency is to be determined by reference to the time spent in doing the necessary work and calculated at the standard hourly rate.

PART 2Certificates and Examinations for Officers

Interpretation

1.  In the Table of fees in this Part, references to a certificate, endorsement or examination are to a certificate or endorsement under –

(a)the Fishing Vessels (Certification of Deck Officers and Engineer Officers) Regulations 1984(14), or

(b)the Merchant Shipping (Standards of Training, Certification and Watchkeeping) Regulations 2015(15),

and to an examination for any such certificate or endorsement.

Cancellation of application

2.  Where an application for an examination in relation to item 1 in the Table is cancelled after the prescribed fee has been paid, a refund must be made of -

(a)£152 in the case of cancellation before a notice of eligibility has been issued, or

(b)£130 in the case of cancellation after a notice of eligibility has been issued.

PART 3Certificates of Equivalent Competency

Interpretation

3.  In the Table of fees in this Part, references to a certificate, endorsement or examination are to a certificate of equivalent competency or endorsement under-

(a)the Fishing Vessels (Certification of Deck Officers and Engineer Officers) Regulations 1984, or

(b)the Merchant Shipping (Standards of Training, Certification and Watchkeeping) Regulations 2015,

and to an examination for any such certificate or endorsement.

Withdrawal or rejection of application

4.  Where an application in relation to item 2 in the Table is withdrawn or rejected after the prescribed fee has been paid, on the grounds that the applicant does not meet the preliminary criteria for detailed assessment, £50 must be refunded.

PART 4Table of miscellaneous qualifications

PART 5Boatmasters' Licences and Certificates

In this Part-

(a)the following expressions-

"boatmaster's licence" and related expressions,

"boatmaster's certificate" and related expressions,

"relevant local knowledge endorsement",

"Rhine navigation licence", and

"supplementary licence",

have the meanings respectively given in the Merchant Shipping (Boatmasters' Qualifications, Crew and Hours of Work) Regulations 2015(21); and

(b)"specialist endorsement" means an endorsement other than a relevant local knowledge endorsement.

PART 6Safe Manning Certificates

In this Part, references to "safe manning certificates" are to the documents referred to in regulation 46 of the Merchant Shipping (Standards of Training, Certification and Watchkeeping) Regulations 2015.

PART 7Exemptions

PART 8Registration, Transfer and Mortgage of Ships (other than Fishing Vessels) and Related Matters

Interpretation

1.  In this Part, "ship" includes a ship registered under section 17 of the Act (ships bareboat chartered-in by British charterers) but does not include a fishing vessel.

Calculation of fees

2.-(1) The fees prescribed in the Table of fees are subject to sub-paragraphs (2) and (3).

(2) Where a person requests and receives premium service, the fee prescribed in column (4) is payable in addition to the fee prescribed in column (3) or, where more than one fee is prescribed in respect of one transaction, in addition to the aggregate of those fees.

(3) Where a person applies, on any one occasion, for the registration of more than one change in the Register in respect of the same ship for which more than one fee would be payable under item 9, 10 or 11 in the Table of fees-

(a)the fee for the first change is £46;

(b)the fee for the second and each subsequent change is £17; and

(c)the fee for premium service is £100 in addition to the aggregate of the other fees.

PART 9Registration, Transfer and Mortgage of Fishing Vessels and Related Matters

Interpretation

1.  In this Part, "fishing vessel" includes a vessel registered under section 17 of the Act (ships bareboat chartered-in by British charterers).

Calculation of fees

2.-(1) The fees prescribed in the Table of fees are subject to sub-paragraphs (2) and (3).

(2) Where a person requests and receives premium service, the fee prescribed in column (4) is payable in addition to the fee prescribed in column (3) or, where more than one fee is prescribed in respect of one transaction, in addition to the aggregate of those fees.

(3) Where a person applies, on any one occasion, for the registration of more than one change in the Register in respect of the same ship for which more than one fee would be payable under item 10, 11 or 12 in the Table of fees-

(a)the fee for the first change is £46;

(b)the fee for the second and each subsequent change is £17; and

(c)the fee for premium service is £100 in addition to the aggregate of the other fees.

PART 10Registration of Hovercraft

1.  The fee payable on an application for the registration of a hovercraft under article 5 of the Hovercraft (General) Order 1972(23) is £153.

PART 11Copies of, and Extracts from, Documents

1.  In this part, "copy" means a certified copy of-

(a)a declaration or other document, a copy of which is made evidence by virtue of the Act, or

(b)an extract from a document declared by the Act to be admissible in evidence.

2.  The fee for a copy of a document is £15 for each hour or part of an hour required for copying.

3.  Where a person requests and receives premium service, a fee of £50 is payable in addition to the aggregate of the fees for copying done on the same occasion.

PART 12Seamen's Documents

Interpretation

1.  In this Part, references to a British Seaman's Card or to a discharge book are references to the documents of those names issued pursuant to the Merchant Shipping (Seamen's Documents) Regulations 1987(24).

Fees for issue of documents

2.  Subject to paragraph 4, the fee for the issue, or replacement, of a British Seaman's Card or a discharge book is £55.

3.  Where a person requests and receives premium service, a fee of £50 is payable in addition to the aggregate of the fees for documents issued on the same occasion.

Lost documents, etc.

4.  No fee is payable in respect of a replacement British Seaman's Card or discharge book where the document has been lost, destroyed or defaced through no fault of the holder.

PART 13Compulsory Insurance Certificates

1.  The fee payable on an application for the issue of a certificate under section 164 of the Act (which relates to certificates of compulsory insurance against liability for pollution) is £31.

2.  The fee payable on an application for the issue of a certificate under section 255N(25) of the Act (which relates to wreck removal insurance satisfying the requirements of the Nairobi International Convention on the Removal of Wrecks 2007(26)) is £31.

PART 14Additional Charges (Waiting Time, Abortive Visits and Attendance at Unusual Hours)

Interpretation

1.  In this Part, "bank holiday" means any day to be observed as such under section 1 of, and Schedule 1 to, the Banking and Financial Dealings Act 1971(27).

Application

2.-(1) Subject to sub-paragraph (2), where an inspection is delayed or is disrupted during its course, or a visit to carry out an inspection is abortive, a fee calculated at the standard hourly rate for the delay caused or time wasted is chargeable.

(2) The fee mentioned in sub-paragraph (1) is not chargeable where-

(a)the delay or time wasted is less than one hour in total or is due to circumstances over which the applicant has no control; or

(b)the person carrying out the inspection is reasonably able to perform other work in the vicinity for which a fee has been paid.

3.-(1) Where any part of an inspection is carried out during the periods described in sub-paragraph (2), an additional fee of £74 per hour is chargeable for that part, unless an additional fee is chargeable under paragraphs 4 or 5.

(2) The periods mentioned in sub-paragraph (2) are-

(a)on a day other than a Saturday or Sunday, between midnight and 8 a.m, and between 6 p.m. and midnight, and

(b)at any time on Saturday.

4.  Where any part of an inspection is carried out in Scotland at any time on a Sunday or a Bank Holiday, an additional fee calculated at the standard hourly rate is chargeable for that part.

5.  Where any part of an inspection is carried out in England and Wales or in Northern Ireland at any time on a Sunday or a Bank Holiday, or on Good Friday or Christmas Day, an additional fee calculated at the standard hourly rate is chargeable for that part.

PART 15Waste Management

1.  The fee for the Secretary of State's consideration and, if appropriate, approval or re-approval of a waste management plan prepared and submitted by a harbour authority or terminal operator in respect of a harbour or terminal pursuant, as the case may be, to regulation 6(1) or (2) or 8(1) of the Merchant Shipping and Fishing Vessels (Port Waste Reception Facilities) Regulations 2003(28) ("the Regulations") is charged at the standard hourly rate.

2.  The fee for the preparation by the Secretary of State of a waste management plan in respect of a harbour or terminal pursuant to regulation 9 of the Regulations is charged at the standard hourly rate.

3.  The fee for the issue by the Secretary of State of an exemption in respect of a harbour authority or terminal operator pursuant to regulation 15(1) and (2) of the Regulations, or in respect of a ship pursuant to regulation 15(3) of the Regulations, is £147.

PART 16Strategic Ships

1.  The fee for the issue by the Secretary of State of an exemption, pursuant to section 48 of the Act (power to exempt from manning requirements), from the requirements in regulation 3 of the Merchant Shipping (Officer Nationality) Regulations 1995(29) relating to a strategic ship is £250.

Regulation 6

SCHEDULE 2REGULATIONS REVOKED

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations provide for the fees to be paid for various functions carried out by the Maritime and Coastguard Agency relating to the survey, inspection and testing of ships and hovercraft and their equipment and to the examination of, and issuing of certificates of competence etc. to, seafarers. Fees are also prescribed in relation to mortgages of ships, seafarers' documents, certificates of compulsory insurance, waste management, exemptions from statutory requirements and other miscellaneous functions of the Agency.

The Regulations replace the Merchant Shipping (Fees) Regulation 2006, as amended. For fees calculated by reference to the amount of work involved, the hourly rate is increased from £94 to £120 for work carried out after the coming into force of these Regulations, and to £147 for work carried out a year after the coming into force of these Regulations. Additional fees for out of hours work are also increased. Other, fixed, fees set out in the 2006 Regulations have, in the main, been increased.

The Regulations are to cease to have effect seven years after they come into force (Regulation 1).

Regulation 2 contains definitions. Certain fees attract an additional charge for "premium service", where an applicant attends in person at a "local office" or at the office where the register of British ships is kept. Footnotes to the definition of "local office" provide internet links to lists and details of these offices: printed copies of these may also be obtained free of charge from the Maritime and Coastguard Agency, Spring Place, 105 Commercial Road, Southampton SO15 1EG.

Regulations 3 and 4 provide for the fees specified in, or ascertained under, Schedule 1 to be paid for the specified services, and for the Maritime and Coastguard Agency to recover travel and other expenses associated with providing those services. Regulation 5 contains transitional provisions, and regulation 6 provides for the revocation of the 2006 and other Regulations, which are listed in Schedule 2. Regulation 7 makes amendments so that references to the 2006 Regulations in other Regulations are made references to these Regulations. Copies of the Merchant Shipping Notices and Marine Guidance Notes referred to may be obtained free of charge from the websites referenced or printed copies from the Maritime and Coastguard Agency at the address above.

Regulation 8 requires the Secretary of State to review the operation and effect of these Regulations and publish a report within five years after they come into force. Following the review it will fall to the Secretary of State to consider whether the Regulations should be allowed to expire as regulation 1 provides, be revoked early, or continue in force with or without amendment. A further instrument would be needed to continue the Regulations in force with or without amendments or to revoke them early.

A full regulatory impact assessment of the effect that this instrument will have on the costs of business has been produced. Copies may be obtained from the Department for Transport, Great Minster House, 33 Horseferry Road, London, SW1P 4DR. Alternatively, copies can be obtained from the Department for Transport's website, which is at www.gov.uk. It is also published with the Explanatory Memorandum alongside the instrument on www.legislation.gov.uk.