The Merchant Shipping (Fees) Regulations 1987

• Citation: S.I. 1987/63
• Sections: 44

Section 1

These Regulations may be cited as the Merchant Shipping (Fees) Regulations 1987 and shall come into force on 1st February 1987.

Section 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 1979 ” means the Merchant Shipping Act 1979;

“the principal Act ” means the Merchant Shipping Act 1894 ; and

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

(2) Subject to regulation 3 below the following Regulations are hereby revoked:—

the Merchant Shipping (Fees) Regulations 1985 ;

the Merchant Shipping (Fees) (Amendment No. 2) Regulations 1985 ;

the Merchant Shipping (Fishing Vessels) (Radios) (Fees) Regulations 1986 ;

the Merchant Shipping (Fees) (Amendment No. 1) Regulations 1986 .

Section 3

Nothing in these Regulations shall apply to—

(a) any work involved in carrying out a service before these Regulations come into force; and

(b) any service started prior to 15th November 1985:

Provided that if the fee that would be chargeable under these Regulations if they applied would be less than the fee payable under or by virtue of the Regulations referred to in regulation 2(2) above then such lesser fee shall be payable.

Section 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 subject to a maximum of 10 hours in any 24 hour period;

(c)

(i) travelling time in the United Kingdom in respect of the survey of a fishing vessel under the Fishing Vessels (Safety Provisions) Rules 1975 , and an inspection under the Merchant Shipping (Crew Accommodation) (Fishing Vessels) Regulations 1975 shall be disregarded;

(ii) time spent by a surveyor in the office in respect of the survey for the renewal of a fishing vessel certificate under the Fishing Vessels (Safety Provisions) Rules 1975, or an inspection under the Merchant Shipping (Crew Accommodation) (Fishing Vessels) Regulations 1975 shall in either case be charged for at a flat rate of £74.

(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) 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;

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

Section 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.

Section 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, and the Act of 1979, sections 20 and 21.

(2) Statutory Instruments

TITLE

S.I. Number

Amended by S.I.

Section 1 Fees for Measurement of Ship’s Tonnage

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.

Section 1

(i) For examination for a certificate of competency on each occasion on which a candidate presents himself for the whole examination as:

Section 1

For examination for a certificate of competency on each occasion on which a candidate presents himself for the whole examination as:

Section 1

Removal of a "For Standby, Seismic, and Oceanographic Survey Vessels Only' endorsement from a certificate of competency

Section 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

Section 1

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

FEES

Service

Fee

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

(2) For the grant of a certificate of competency, except in cases to which paragraph 3 of this Schedule applies

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

(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

Section 1 Fees for Registration, Transfer and Mortgage of Ships (excluding Vessels not exceeding 10 Tons Employed Solely in Fishing) and Inspection of the Register Book

In this Part:

“ship” does not include vessels not exceeding 10 tons employed solely in fishing;

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

Service

Fee

(2) —

(1) First registry, registry anew or re-registry of a ship, or the transfer of registry of a ship from one port to another, where the ship:

does not exceed 1,500 tons

exceeds 1,500 tons

(2) Registry of the transfer of ownership of a ship by bill of sale or by transmission, or of the mortgage of a ship or the transfer or the discharge of such a mortgage, where the ship:

does not exceed 1,500 tons

exceeds 1,500 tons

(3) Each inspection of the register book

(4) For the issue of a certificate of registration on the Small Ships Register, including an amended certificate or a duplicate copy of a certificate

(5) On application to register a submersible craft

Section 1

Supplying a certified copy of the particulars entered by the registrar in the register book on the registry of a ship, together with a certified statement showing the ownership of the ship at the time being

Section 1

Wreck taken by the Receiver into his custody

Section 1

In this Part “the Regulations” means the Merchant Shipping (Seamen’s Documents) Regulations 1972 ; 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.

Service

Fee

(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

(ii) Other

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

(i) on postal application

(ii) Other

(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

(2) For the issue of a discharge book under paragraph 1 or paragraph 2 of regulation 19 of the Regulations to a seaman—

(a) who, in accordance with regulation 18(1)(b) of the Regulations, produces a Seaman’s Record Book (as defined in regulation 1(2)(h) of the Regulations), which has been issued to him, or a discharge book of which he would, but for the provisions of regulation 25(b) of the Regulations, be regarded as the holder:

(i) on postal application

(ii) Other

(b) to whom a Seaman’s Record Book (as so defined) 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

Section 1

In this Part “the Crew Agreements Regulations ” means the Merchant Shipping (Crew Agreements, Lists of Crew and Discharge of Seamen) Regulations 1972 and the Merchant Shipping (Crew Arrangements, Lists of Crew and Discharge of Seamen) (Fishing Vessels) Regulations 1972 .

Service

Fee

(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:—

(a) Where the service is performed elsewhere than in a Marine Office:—

(i) On Monday to Friday (excluding Public Holidays) between 9.00 am and 5.00 pm

(ii) At all other times

These fees are exclusive of travel and subsistence expenses which will be charged additionally

(b) Where the service is performed in a Marine Office:—

(i) On Monday to Friday (excluding Public Holidays) between 9.00 am and 5.00 pm

(ii) At all other times

Section 1

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

Section 2

Subject to any additional charge payable under Part X 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 £45.50, except in the case of any service in connection with:

(a) the Merchant Shipping (Provisions and Water) (Fishing Vessels) Regulations 1972 and the Merchant Shipping (Provision and Water) Regulations 1972, when the hourly rate shall be £30;

(b) the Fishing Vessels (Safety Provisions) Rules 1975 when the hourly rate shall be £37;

(c) the Merchant Shipping (Crew Accommodation) (Fishing Vessels) Regulations 1975 when the hourly rate shall be £37; and

(d) the Merchant Shipping (Radio Installations) Regulations 1980, the Merchant Shipping (Navigational Equipment) Regulations 1980, the Merchant Shipping (Radio Installations Surveys) Regulations 1981 and the Merchant Shipping (Radios) (Fishing Vessels) Rules 1984 when the hourly rate shall be £49.

Section 2 Fees for Measurement of Ship’s Tonnage

In this Part:—

“the Regulations” means the Merchant Shipping (Tonnage) Regulations 1982 and references to specific Regulations shall be construed accordingly;

“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.

Section 2

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 2

Where a candidate in case 1(a), (b) or (c) is examined in any part of the written but not in the practical oral part of the examination, or vice versa

Section 2

Removal of a "For Tug Service Only' endorsement from a certificate of competency

Section 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

Section 2

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

Section 2

Services rendered by a Receiver in respect of any vessel in distress, not being a wreck, or in respect of the cargo or other articles belonging thereto

Section 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

Section 3

Subject to paragraph 4 below, the services in this Part of this 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 otherwise than on the application of the owner to ensure compliance with the statutory requirements where a previous inspection (whether or not 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) any application for an exemption 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.

Section 3 Fees for Measurement of Ship’s Tonnage

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:

A ship which exceeds (tons):

A ship which does not exceed (tons):

Fee £

Section 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 skipper or second hand or as a deck officer (fishing vessel) in cases 1(i)(a) or (b) or 2(a), (b) or (c) above and for the grant of a certificate to a person passing the examination

Section 3

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 3

For a dangerous cargo endorsement to a certificate of competency or service

Section 3

For the grant of a certificate of qualification as efficient deck hand where the examination was set at a centre specially approved by the Secretary of State

Section 3

When a surveyor or inspector is called upon to perform services in the United Kingdom at unusual hours: for work undertaken during the following hours including time occupied in travelling:

Section 4

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.

Section 4 Fees for Measurement of Ship’s Tonnage

(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 Table A.

(b) The fees 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 of £45.50 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 Table A.

(b) The fees for a sister ship shall be determined by the amount of work involved, charged at an hourly rate of £45.50 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 (alternative tonnages) shall be 150% of the fees set out in Table A.

(b) The fees for a sister ship shall be determined by the amount of work involved charged at an hourly rate of £45.50 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 Table A.

(b) The fees for a sister ship shall be determined by the amount of work involved charged at an hourly rate of £45.50 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 shall:

(i) when undertaken in the United Kingdom, not exceed £117 and

(ii) when undertaken outside the United Kingdom, not exceed £234.50.

(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 Table A.

(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 £45.50 subject to the maximum fee shown for a ship of that tonnage in Table A.

Section 4

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

Section 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

Section 4

When a surveyor or inspector is called upon to perform services outside the United Kingdom which involve working total hours in any one week in excess of normal weekly employment hours, for the excess hours of work

Section 5

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 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

Section 6

For examination for a service endorsement to a certificate of competency as marine engineer officer

Section 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

Section 7

For examination for a sight test certificate where it is a requirement for a candidate for an examination for a certificate of competency as deck officer or for a command endorsement in cases 1(a), (b), or (c) or 3(a) or 4(a), (b), (c), (d), (e) or (f) and for the grant of a certificate to a person passing the examination