Citation and commencement

1. These Regulations may be cited as the Merchant Shipping (Fees) Regulations 1996 and shall come into force on 1st February 1997.

Interpretation and revocation

2.-(1) In these Regulations:

"the Act of 1995" means the Merchant Shipping Act 1995;

"Marine Safety Agency" means the Marine Safety Agency, an executive agency of the Department of Transport;

"Radio Rules" means the following:

"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,

(a)the following Regulations are hereby revoked:

• The Merchant Shipping (Fees) Regulations 1995(7);

• The Merchant Shipping (Fees) (Amendment) Regulations 1996(8);

(b)in the Merchant Shipping (Certificates of Competency as A.B.) Regulations 1970(9) Schedule 3 shall be omitted.

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;

(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 outside services shall be charged additionally to the hourly rate;

(f)in the case of fees payable 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.

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 £23 for fishing vessels and £26 for other ships.

(3) Where a fee is 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.

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

• The Act of 1995.

(2) Statutory Instruments

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 performed by the Marine Safety Agency shall be determined by the amount of work involved, charged at an hourly rate of £60.

(2) In the case of the Radio Rules, the fees for any services performed pursuant to Rules 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 £23 for fishing vessels and £26 for other ships, and

(b)in respect of all administrative and other work involved, the sum of £32.

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 258(1) of the Act of 1995, on the application of the owner, for the purpose of seeing that the ship complies with any of the statutory requirements;

(c)any inspection under section 258(1) of the Act of 1995, 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, or for amendment of an exemption including one in relation to section K, in accordance with the provisions of any of the statutory requirements;

(f)arranging the appointment of a surveyor not employed by the Marine Safety Agency to undertake a survey or inspection outside the UK in accordance with the statutory requirements;

(g)any inspection which results in the detention of a ship to which Part I of the Merchant Shipping (Port State Control) Regulations 1995(10) applies, and, without prejudice to subparagraph (c) above, any subsequent inspection relating to the deficiencies which led to the detention;

(h)any inspection subsequent to the detention of a UK ship in another State.

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 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 pursuant to rules 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 the appropriate Certifying Authority (within the meaning of those Rules).

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 IICERTIFICATES 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 competency referred to in Part IV below, shall (except as provided in section C of Part III below) be £14.

PART IIIEXAMINATIONS CONDUCTED BY THE MARINE SAFETY AGENCY FOR CERTIFICATES OF COMPETENCY AS AN OFFICER APPLICATIONS FOR EXEMP TIONS AND OTHER SERVICES

SECTION A

SECTION B

SECTION C

SECTION D

SECTION E

Fees for Examinations for Certificates of Competency as A.B.

In this Section, references to regulations are to regulations in the Merchant Shipping (Certificates of Competency as A.B.) Regulations 1970.

PART IVCERTIFICATES 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.

PART VBOATMASTERS' LICENCES

In this Part:-�

"the 1993 Regulations" means the Merchant Shipping (Local Passenger Vessels) (Masters' Licences and Hours, Manning and Training) Regulations 1993(14);

"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.

PART VISAFE MANNING CERTIFICATES

PART VIIREGISTRATION ETC OF SHIPS AND SUBMERSIBLE CRAFT

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

In this Part:-�

• "ship" includes a ship registered under section 17 of the Act of 1995 (ships bareboat chartered-in), but does not include a fishing vessel within the meaning of section 313(1) of that Act;

• "submersible craft" means a submersible craft as defined in the Merchant Shipping (Registration of Submersible Craft) Regulations 1976(15).

  Service	Fee
  1. - (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 Two transfers	£84
  Three transfers	£100
  Four transfers or more	£115
  (4) Renewal of registration under regulation 42 of the Merchant Shipping (Registration of Ships) Regulations 1993(16)	£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-� two mortgages	£173
  three mortgages	£242
  four mortgages	£299
  five mortgages or more	£345
  (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 II 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.

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

PART XSEAMAN'S DOCUMENTS

Fees for the Issue of British Seaman's Cards and Discharge Books

In this Part, "the Regulations" means the Merchant Shipping (Seamen's Documents) Regulations 1987(17); 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 XIEXEMPTIONS FROM CREW AGREEMENTS

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.

Explanatory Note

(This note is not part of the Regulations)

These Regulations revoke and replace the Merchant Shipping (Fees) Regulations 1995 and the subsequent amendments.

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

(i)The hourly rate for fees for the services in Part I of the Schedule has been increased from £45 to £60.

(ii)Fees in connection with tonnage measurements are to be charged at the hourly rate for the services in Part I of the Schedule.

(iii)Revised fees have been introduced for Safe Manning Certificates (Schedule, Part VI).

(iv)Fees have been introduced for inspections subsequent to the detention of a ship in another State.