The Merchant Shipping (Fees) Regulations 1991

• Citation: S.I. 1991/784
• Sections: 47

Section 1

These Regulations may be cited as the Merchant Shipping (Fees) Regulations 1991 and shall come into force on 15th April 1991.

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 1974 ” means the Merchant Shipping Act 1974;

“the Act of 1979” means the Merchant Shipping Act 1979;

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

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

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

The Merchant Shipping (Fees) Regulations 1990

The Merchant Shipping (Fees) (Amendment) Regulations 1990 .

Section 3

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

Section 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 except for the initial survey or inspection of a fishing vessel under the Fishing Vessels (Safety Provisions) Rules 1975 or the Merchant Shipping (Crew Accommodation) (Fishing Vessels) Regulations 1975 ;

(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) travelling time in respect of the survey of a fishing vessel for the renewal of a United Kingdom fishing vessel certificate under the Fishing Vessels (Safety Provisions) Rules 1975 shall be subject to a minimum charge of £44 for each visit required for the survey;

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

(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.

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.

(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.

Section 1

In this Part of the Schedule “the statutory requirements” means any provision of the following:

Primary Legislation

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

Statutory Instruments

(2)

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

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 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)

(b) deck officer Class 2

(c) deck officer Class 4

(d) deck officer Class 5

(e) marine engineer officer Class 1

(f) marine engineer officer Class 2

(g) marine engineer officer Class 3

(h) marine engineer officer Class 4

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

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

FEES

(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 Fishing Vessels) and Inspection of the Register

In this Part;

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

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

(2) —

(1) First registry, registry anew or re-registry of a ship, or the transfer of registry of a ship from one port or 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 entry in the register relating to a particular ship

(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) Supply a copy of particulars relating to a ship on the Small Ships Register

(6) On application to register a submersible craft

Section 1 Fees for Registration and Transfer of Fishing Vessels, Registration of Mortgages thereon and other Related Matters and for Inspection of the Register under Part II of the Merchant Shipping Act 1988

In this Part:—

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

“Local Office” has the same meaning as in the Merchant Shipping (Registration of Fishing Vessels) Regulations 1988 ;

“transfer” includes transmission.

2. Service

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

(a) with full registration

(b) with simple registration

(2) Registration of transfer of ownership of a registered vessel

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

(a) one transfer

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

two transfers

three transfers

four transfers

five or more transfers

(4) Renewal of registry under regulation 30 of the Merchant Shipping (Registration of Fishing Vessels) Regulations 1988

(5) Change of registered vessel from simple to full registration

(6) Registration of mortgage:

(a) one mortgage

(b) where more than one mortgage in relation to the same loan over the same ship is lodged at the same occasion—

two mortgages

three mortgages

four mortgages

five or more mortgages

(7) Registration of notice of intended mortgage

(8) Issue of duplicate certificate

(9) Issue of transcript of entries in the register relating to any one vessel:

(a) for current entries

(b) for other entries

(10) Personal inspection of the register

(11) Registration of change of name of vessel

(12) Registration of change of port of registry and/or port number

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

Section 1

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

Section 1

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 1 Fees for the Issue of British Seamens' Cards and Discharge Books

In this Part “the Regulations” means the Merchant Shipping (Seamens' Documents) Regulations 1987 ; and the person to whom a British Seamans' Card or a discharge book has been issued is referred to as the holder of it.

Section 1

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

Section 1 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

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 XI of this Schedule, the fees for the services in this Part of the Schedule shall be determined by the amount of work involved, charged at an hourly rate of £37, except in the case of any service in connection with:

(a) the Merchant Shipping (Provisions and Water) Regulations 1989 when the hourly rate shall be £36;

(b) the Fishing Vessels (Safety Provisions) Rules 1975 when the hourly rate shall be £44;

(c) the Merchant Shipping (Crew Accommodation) (Fishing Vessels) Regulations 1975 when the hourly rate shall be £44; and

(d) the Merchant Shipping (Radio Installations) Regulations 1980, the Merchant Shipping (Navigational Equipment) Regulations 1984, the Merchant Shipping (Radio Installations Survey) Regulations 1981 and the Merchant Shipping (Radio) (Fishing Vessels) Rules 1974 when the hourly rate shall be £55.

Section 2 Fees for Measurement of Ship’s Tonnage

In this Part:—

“ the Regulations ” means the Merchant Shipping (Tonnage) Regulations 1982 :

“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 sight test certificate where it is a requirement for a candidate for an examination for a certificate of competency of a deck officer (fishing vessel) in cases 1(a), (b) or (c) above and for the grant of a certificate to a person passing the examination

Section 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)

(b) master (limited European)

(c) tugmaster

(d) tugmaster (limited European)

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

(f) master (restricted) limited European

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 Fees for the Issue of British Seamens' Cards and Discharge Books

(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 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)

(i) on postal application

(ii) other

(b) 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

Section 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 the Schedule.

Section 2 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

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 and except in relation to the services referred to in paragraph 5 below, the services in this Part of the Schedule are:—

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

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

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

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

(e) except in relation to sections C, so far as it relates to substances which are marine pollutants only, H, K 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) rranging 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:—

Section 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 competency as marine engineer officer

(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 or for a command endorsement in cases 1(a),(b), (c), or (d) or 2(a), (b), (c), (d), (e) or (f) and for the grant of a certificate to a person passing the examination

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 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

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

Section 4

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

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

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

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

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 the Table.

(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 not exceeding £45 subject to the maximum fee chargeable under sub-paragraph (1)(a) above.

(2)

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

(b) The fees for a sister ship shall be determined by the amount of work involved, charged at an hourly rate not exceeding £45 subject to the maximum fee chargeable under sub- paragraph (2)(a) above.

(3)

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

(b) The fees for a sister ship shall be determined by the amount of work involved charged at an hourly rate not exceeding £45 subject to the maximum fee chargeable under sub- paragraph 3(a) above.

(4)

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

(b) The fees for a sister ship shall be determined by the amount of work involved charged at an hourly rate not exceeding £45 subject to the maximum fee chargeable under sub- paragraph (4)(a) above.

(5) The fees to be charged for the tonnage measurement or measurement of a pleasure yacht under 13.7 metres (45 feet) in overall length in accordance with Schedule 5, Part IV and Appendix 5 of the Regulations shall not exceed £140.

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

(7) The fee to be charged for the remeasurement of a ship for tonnage purposes, verification of changes in any of the registered particulars, or any other services associated with the tonnage measurement shall be determined by the amount of work involved charged at an hourly rate not exceeding £45 subject to the maximum fee shown for a ship of that tonnage in the Table.

Section 4

For examination for a certificate or 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 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.

Section 5

For the grant of a certificate of proficiency in survival craft where the examination was set at a centre specially approved by the Secretary of State

Section 6

Subject to any additional charge payable under Part XI of this Schedule, the fee for supervision and inspection under the Anchors and Chain Cables Rules 1970 and the issue of Certificates under those Rules, shall be determined by the amount of work involved charged at an hourly rate of £37.

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 the grant of a certificate of continued proficiency and updating of knowledge in respect of a certificate of competency or service

Section 8

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

Section 9

For the grant of a Licence for a Marine Engine Operator

Section 10

For the grant of a Certificate of Service (Fishing Vessel) (Deck or Engineer)

Section 11

For consideration of any application for an exemption from the requirements of the Merchant Shipping (Certification of Ships' Cooks) Regulations 1981 and the Merchant Shipping (Ships' Doctors) Regulations 1981