The Merchant Shipping (Fees) Regulations 1996

• Citation: S.I. 1996/3243
• Sections: 76

Section 1 Citation and commencement

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

Section 2 Interpretation and revocation

(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:

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

regulations 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,

(a) the following Regulations are hereby revoked:

The Merchant Shipping (Fees) Regulations 1995 ;

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

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

Section 3 Interpretation and revocation

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

Section 4 Interpretation and revocation

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.

Section 5 Interpretation and revocation

(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.

Section 1

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

(1) Primary Legislation

The Act of 1995.

(2) Statutory Instruments

1984/93

1994/2014

1979/491

1984/41

1989/184

1981/577

1986/1072

1991/1300

1981/574

1985/1194

1986/1070

1992/3162

1985/1193

1986/1070

1992/2360

1993/3163

1986/1070

1993/3164

1975/471

1976/432

1977/313

1977/498

1978/1598

1978/1873

1981/567

1991/1342

1996/2419

1970/1003

1979/1267

1990/2128

1990/2543

1993/1994

1985/659

1994/1104

1982/1292

1994/1104

1985/660

1986/1074

1987/1886

1988/1693

1985/663

1992/135

1995/1210

1986/1074

1987/1886

1988/1693

1990/892

1992/2358

1995/1210

1986/1067

1992/135

1990/2602

1994/2082

1990/2603

1994/2084

1990/2604

1994/2083

1991/1819

1995/1428

1987/884

1991/1819

1995/1429

1987/884

1995/1429

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

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)

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

Section 1 B Examinations

For examination for oral competency on each occasion on which a candidate presents himself (fishing vessel):–

(a) deck officer (fishing vessel) Class 1

Section 1 C Endorsement and Revalidation

For a dangerous cargo endorsement to a certificate of equivalent competency

Section 1

Practical test for examination for Boatmaster’s Licence

Section 1

Application for a Safe Manning Certificate for a Passenger Ship

Section 1 Fees for Registration, Transfer and Mortgage of Ships (excluding Fishing Vessels) and Inspection of the Register

—

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

Section 1 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

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

(a) with full registration

Section 1 Fees for the Issue of British Seaman’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

Section 1

For consideration of any application for an exemption from provisions of the requirements of section 25 of the Act of 1995

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 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.

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

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)

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

For the grant of a certificate of competency, except in a case to which paragraph 3 of this Section applies

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)

Section 2

For the grant of a certificate of continued proficiency and updating of knowledge in respect of a certificate of equivalent competency

Section 2

Oral test part of examination for Boatmaster’s Licence

Section 2

Application for a Safe Manning Certificate for other Vessels:

for ships of 350 kw or over

Section 2 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

Registration of transfer of ownership of a registered vessel:

(a) with full registration

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.

TABLE

(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 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 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.

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 be refunded):–

(a) if cancellation is before a notice of eligibility for examination has been issued

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:–

(a) marine engineer officer Class 1

Section 3

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

Section 3

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

Section 3 Fees for Examinations for Certificates of Competency as A.B.

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 examin ation

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

Section 3

Issue of Boatmaster’s Licence (except where the licence is issued in exchange for an existing boatman’s licence, in which case no fee shall be payable)

Section 3

Application for amendment:

technical amendment, e.g. involving manning charges

Section 3 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

Registration of transfer of share or shares in a registered vessel:

(a) one transfer

with full registration

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 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).

Section 4

For consideration of an application for an examination under paragraph 1 or 2 above where such consideration involves overseas postage for the Marine Safety Agency

Section 4

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

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

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 4

Revalidation of Boatmaster’s Licence

Section 4

Issue of a Safe Manning Certificate for sister ship where manning requirements are identical to one which has previously been issued a Safe Manning Certificate

Section 4 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

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