The Merchant Shipping (Fees) Regulations 1995

• Citation: S.I. 1995/1893
• Sections: 74

Section 1

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

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 ;

“ Radio Rules ” means the following:

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

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

the Merchant Shipping (Radio Installations) Regulations 1992 ;

the Merchant Shipping (Navigational Equipment) Regulations 1993 ; and

the Merchant Shipping (Survey and Certification) Regulations 1995 , 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:

The Merchant Shipping (Fees) Regulations 1991 ;

The Merchant Shipping (Fees) (Amendment) Regulations 1991 ;

The Merchant Shipping (Fees) (Amendment) Regulations 1993 ;

The Merchant Shipping (Fees) (Amendment) ( No. 2) Regulations 1993 ;

The Merchant Shipping (Fees) (Amendment) Regulations 1994 .

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;

(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.

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 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.

Section 1

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

(1) Primary Legislation

Part III of the Principal Act ; the Act of 1948; the Act of 1967; the Act of 1970; sections 20 and 21 of the Act of 1979; and sections 30 and 31 of the Merchant Shipping Act 1988 .

(2) Statutory Instruments

Section 1 Fees for Measurement of Ship’s Tonnage

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 .

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 (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

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) £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

Section 1

Removal of a “For Standby, Seismic, and Oceanographic Survey Vessels Only” endorsement from a certificate of competency £40

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 £40

Section 1

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

FEES

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

Section 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

Section 1

Practical test for examination for Boatmaster’s Licence £49

Section 1 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 7 of the Merchant Shipping (Registration of Ships, etc.) Act 1993 (ships bareboat chartered-in), but does not include a fishing vessel within the meaning of paragraph 2(1)(c) of Schedule 4 to that Act;

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

Section 1

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

Section 1 Fees for the Issue of British Seamen’s Cards and Discharge Books

In this Part, “the Regulations” means the Merchant Shipping (Seamen’s Documents) Regulations 1987 ; 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.

Section 1

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

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

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.

Section 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.

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 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.

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 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

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) £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

Section 2

Removal of a “For Tug Service Only” endorsement from a certificate of competency £40

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 £19

Section 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

Section 2

Oral test part of examination for Boatmaster’s Licence £35

Section 2 Service

(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 tranfers or more £115

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

Section 2

Registration of transfer of ownership of a registered vessel

Section 2 Fees for the Issue of British Seamen’s 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 £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

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 this Schedule £72

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

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.

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

(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

(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

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 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.

Section 3 Fees for Measurement of Ship’s Tonnage

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—

Section 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

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—

marine engineer officer Class 1 £109

marine engineer officer Class 2 £109

marine engineer officer Class 4 £90

Section 3

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

Section 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

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 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

Section 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

Section 3

Registration of transfer of share or shares in a registered vessel

Section 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.

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 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.

Section 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 4

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

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 £19

Section 4

Revalidation of Boatmaster’s Licence £17

Section 4

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

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 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