The Merchant Shipping (Fees) Regulations 2006

• Citation: S.I. 2006/2055
• Sections: 31

Section 1 Citation and commencement

These Regulations may be cited as the Merchant Shipping (Fees) Regulations 2006 and come into force on 11th September 2006.

Section 2 Interpretation

In these Regulations—

“ the Act ” means the Merchant Shipping Act 1995;

“the Agency” means the Maritime and Coastguard Agency, an executive agency of the Department for Transport;

“local office” means—

one of the Agency’s Marine Offices,

an office of the Department for Environment, Food and Rural Affairs,

an office of the Scotland Office Agriculture and Fisheries Department, or

an office of the Department of Agriculture for Northern Ireland,

which is specified in the “List of Local Offices for Fishing Vessel Registration” published by the Department for Transport;

“premium service”, in relation to a fee, means a service performed for an applicant attending in person at a local office or at the office where the register of British ships is kept;

“the Radio Regulations ” means—

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

the Fishing Vessels (Safety Provisions) Rules 1975 , so far as they relate to radio surveys,

the Merchant Shipping (Survey and Certification) Regulations 1995 , so far as they relate to radio installations in cargo ships;

the Merchant Shipping (Radio Installations) Regulations 1998 ,

the Merchant Shipping (Radio) (Fishing Vessels) Regulations 1999 , and

the Merchant Shipping (Passenger Ships on Domestic Voyages) Regulations 2000 , so far as they relate to radio installations;

“vessel” has the same meaning as “ship” in the Act.

Section 3 Fees payable to the Agency

Subject to regulations 4 and 5, the fee payable in respect of a service or other function described in Schedule 1 to these Regulations is the fee—

(a) specified in that Schedule in relation to that service or function, or

(b) otherwise determined under that Schedule.

Section 4 Calculation of fees: general

(1) Save in a case to which paragraph (2) applies, where a fee is payable in respect of a survey or periodical inspection for the issue, renewal, amendment or endorsement of a certificate of any kind, no further fee is payable in respect of the issue, renewal, amendment or endorsement of that certificate.

(2) This paragraph applies to a survey for the issue, renewal, amendment or endorsement of a certificate which is performed abroad by a locally appointed surveyor, as regards which—

(a) if it is carried out for the issue of a certificate pursuant to the Radio Regulations, a fee is chargeable in respect of the work involved at the hourly rate of £36;

(b) if it is carried out for the issue, renewal, amendment or endorsement of a certificate pursuant to any other enactment, a fee is chargeable in respect of the work involved at the hourly rate of £94.

(3) Where a fee is determined by reference to the amount of work involved, whether on or off a ship—

(a) if the work on the service or function in respect of which the fee is payable is carried out in conjunction with a non-statutory survey the fee is to be determined by reference to the time taken to ensure compliance with the requirements in respect of which the fee is payable;

(b) in the case of a fee payable pursuant to the Radio Regulations, where the work is not timed at an exact number of hours, the time by reference to which the fee is determined is to be rounded up to the nearest quarter of an hour.

(4) Where a fee is payable in respect of the issue or endorsement of a certificate, the Agency is not required to issue the certificate or endorsement until that fee has been paid.

(5) In this regulation, “non-statutory survey” means a survey not required by or under the Act (and for which no fee is payable hereunder).

Section 5 Payment for travel, subsistence and other expenses

(1) Where a fee is determined by reference to the amount of work involved, whether on or off a ship, the fee may include an amount for the time spent travelling, save that—

(a) travelling time in excess of 4 hours for each visit to a ship in the United Kingdom is to be disregarded;

(b) where it is necessary for a surveyor or inspector to travel from the United Kingdom to a ship located abroad and back to the United Kingdom, travelling time in excess of 10 hours in any period of 24 hours is to be disregarded.

(2) The cost of travel and subsistence incurred in visiting a ship outside the United Kingdom is to be reimbursed to the Agency in addition to the fee payable under these Regulations.

(3) Expenses incurred in respect of any service provided to the Agency by a person not employed by the Agency is to be reimbursed to the Agency in addition to the fee payable under these Regulations.

Section 6 Transitional provisions

(1) Except in a case to which paragraph (2) applies, where an application for any of the following services, namely—

(a) an examination,

(b) the issue of a licence, certificate or any other document or copy document,

(c) the registration of a ship or a transfer or mortgage of a ship, or

(d) an exemption from any requirement of or under the Act,

is made before 11th September 2006 but the service is provided on or after that date the fee payable in respect of that application is the fee prescribed immediately before the coming into force of these Regulations.

(2) This paragraph applies where—

(a) an application for an inspection, survey, test or other function is made before 11th September 2006,

(b) the fee payable in respect of that function is to be calculated by reference to an hourly rate, and

(c) any work to conduct that inspection, survey, test or other function is carried out after 10th September.

(3) Where paragraph (2) applies the hourly rate prescribed under these Regulations applies for the purpose of calculating—

(a) the fee in respect of the survey, inspection, testing or other work carried out after 10th September, and

(b) any additional fee which becomes payable under Part 13 of Schedule 1 to these Regulations by reason of an event occurring after 10th September.

Section 7 Revocation

The Regulations specified in Schedule 2 are revoked.

Section 1

In this Part, “the statutory requirements” means requirements imposed by or under—

(a) the Act, and

(b) the statutory instruments listed in the Table below.

Table of statutory instruments imposing statutory requirements

1984/97

1996/3243

1988/2274

1994/774

1998/2771

1988/2274

1998/2771

1988/2274

1998/2771

1988/2274

1998/2771

2001/3444

1999/1704

2004/1266

2006/89

2002/2125

2002/3135

2004/1713

2005/1919

2005/2114

1998/929

2002/2201

1999/2121

2001/1638

2004/2110

2005/1092

1998/927

1998/929

1999/3210

2001/9

2002/2201

1999/992

1999/1957

2000/2687

2003/2951

2004/302

2005/2114

1999/992

2000/2687

2001/1638

2003/2950

2003/2951

2005/2114

2000/2558

2000/2687

2001/2642

2004/2259

2005/2114

2004/302

2005/2114

2000/2687

2001/2642

1975/471

1976/432

1978/1873

1991/1342

1996/2419

1998/928

1998/2647

1998/2998

1999/2998

1999/3210

2001/9

2002/2201

1999/3210

2003/1112

1982/1292

1994/1104

1999/3210

1999/1957

2000/2687

2001/1638

2004/302

2004/302

2004/2110

2005/2114

1997/2971

1999/643

2004/2151

2002/1473

2002/1650

2003/771

2004/302

2004/1107

2004/2884

2000/2687

2001/1638

2002/1650

2004/302

2002/1473

2005/2114

2001/1638

2004/302

2004/1266

2002/1473

2003/771

2004/302

2004/1107

2004/2883

2004/2883

2005/2114

1985/2002

1993/1580

1990/2595

1997/2569

1993/1581

1997/2569

1998/254

1999/2121

2001/1638

2004/2110

2005/1092

1997/1910

2000/483

2004/303

2005/1916

1998/1153

2004/930

1995/1428

1997/2971

1998/1013

1997/1911

1997/2971

2000/836

2006/89

1997/1911

1997/2971

2000/484

2002/2125

2003/3049

2004/1469

2004/1713

2005/2114

1996/2418

2000/1334

2000/2418

2000/2687

2002/1473

2003/771

2004/1107

2004/2883

2005/2114

1994/541

1997/2971

1998/1915

1998/2976

1999/3206

1998/1916

1999/3206

2001/3209

2004/302

Section 1

In this Part, “item 1 examination”, in either table, means the examination described in the second column of item 1 in that table.

Section 1

In a Table of fees in this Part, references—

(a) in section 1, to a certificate, endorsement or examination are to a certificate of equivalent competency or endorsement under the Merchant Shipping (Training and Certification) Regulations 1997 and to an examination for any such certificate;

(b) in section 2, to a certificate, endorsement or examination are to a certificate of equivalent competency or endorsement under the Fishing Vessels (Certification of Deck Officers and Engineer Officers) Regulations 1984 and to an examination for any such certificate.

Section 1

In this Part, “ship” includes a ship registered under section 17 of the Act (ships bareboat chartered-in) but does not include a fishing vessel.

Section 1

In this Part—

“transfer” includes transmission;

“fishing vessel” includes a vessel registered under section 17 of the Act (ships bareboat chartered-in).

Section 1

In this Part, “copy” means a certified copy of—

(a) a declaration or other document, a copy of which is made evidence by virtue of the Act, or

(b) an extract from a document declared by the Act to be admissible in evidence.

Section 1

In this Part—

(a) “ the Regulations ” means the Merchant Shipping (Seamen’s Documents) Regulations 1987 ;

(b) a reference to the holder of a document is a reference to the person to whom the document has been issued.

Section 1

In this Part—

“inspector” means a Departmental inspector appointed under section 256 of the Act (appointment of inspectors and surveyors);

“surveyor” means a surveyor of ships appointed under that section;

“unusual hour” means any time—

before 8 a.m. or after 6 p.m. on Monday to Friday (inclusive), or

on a Saturday, Sunday or bank holiday (and “bank holiday” means any day to be observed as such under section 1 of, and Schedule 1 to, the Banking and Financial Dealings Act 1971 ).

Section 1

The fee for the Secretary of State’s consideration and, if appropriate, approval of a waste management plan prepared and submitted by a harbour authority or terminal operator in respect of a harbour or terminal pursuant, as the case may be, to regulation 6(1) or (2) or 8(1) of the Merchant Shipping and Fishing Vessels (Port Waste Reception Facilities) Regulations 2003 (“the Regulations”), or for the preparation of a waste management plan in respect of a harbour or terminal by the Secretary of State pursuant to regulation 9 of the Regulations, is to be charged at the hourly rate of £94.

Section 2

Subject to paragraph 3, the services and other functions to which this Part applies are—

(a) a survey or inspection of a ship or its equipment or an audit of its management systems, on the application of the owner for the issue, amendment, endorsement or renewal of a certificate for the purpose of 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 (powers to inspect ships and their equipment, etc) on the application of the owner, for the purpose of seeing that the ship complies with any of the statutory requirements;

(c) an inspection under section 258(1) of the Act, otherwise than on the application of the owner, for the purpose of seeing whether or not the statutory requirements have been complied with;

(d) an inspection, survey or audit of the ship, its equipment or management, whether on the application of the owner or otherwise, where—

(i) the ship or any of its equipment subject to the statutory requirements has been damaged, changed or modified,

(ii) a previous inspection has revealed a failure to comply with any of those requirements, or

(iii) the inspection, survey or audit is carried out in respect of a United Kingdom ship following the detention of that ship in another country;

for the purpose of seeing that the statutory requirements have subsequently been complied with;

(e) the consideration of an application for an exemption or approval or an amendment of an exemption or approval pursuant to any of the statutory requirements;

(f) the appointment (including consideration of the suitability of an appointment) of a surveyor not employed by the Agency to undertake a survey, inspection or audit outside the United Kingdom in accordance with the statutory requirements and the subsequent consideration of the results thereof and the issue, renewal or endorsement of a certificate;

(g) an inspection pursuant to the statutory requirements which results in the detention of a ship to which Part I of the Merchant Shipping (Port State Control) Regulations 1995 applies, and any subsequent inspection relating to the deficiencies which led to the detention;

(h) a survey or inspection pursuant to the statutory requirements which results in the issue of a prevention of operation notice in accordance with regulation 9 of the Merchant Shipping (Mandatory Surveys for Ro-Ro Ferry and High Speed Passenger Craft) Regulations 2001 and any subsequent survey or inspection relating to the deficiencies which led to the issue of that notice;

(i) the issue or re-issue of a certificate pursuant to the statutory requirements, or the issue of a letter of acceptance in lieu of a statutory certificate.

Section 2

(1) Where, in any case, an application for a certificate of competency is rejected on grounds that the applicant does not meet the preliminary criteria for the examination, the prescribed fee of £51 is payable instead of, and not in addition to, the fee for the item 1 examination (so that the sum of £150 is to be refunded to an applicant from an examination fee which he has previously paid).

(2) Where the prescribed fee of £57 has been paid for an initial assessment for qualification as an engineering officer (merchant vessel) the fee for the item 1 examination is to be reduced to £144.

Table A: Examinations and certificates of competency: deck or marine engineer officer (fishing vessel)

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

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

(a) if sent by courier

(b) otherwise

Table B: Examinations and certificates of competency: master, deck officer or marine engineer officer (merchant ship)

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

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

(a) if sent by courier

(b) otherwise

Section 2

Where the fee prescribed in item 1 in Table A or Table D has been paid the fee prescribed in item 4 of that table is to be collected by means of a refund of £25 from the fee prescribed in item 1 if the application is withdrawn or rejected on the grounds that the applicant does not meet the preliminary criteria for detailed assessment.

Section 2

(1) The fees prescribed in the Table of fees are subject to the provisions of sub-paragraphs (2) and (3).

(2) Where a person requests and receives premium service, the fee prescribed in column (4) is payable in addition to the fee prescribed in column (3) or, where more than one fee is prescribed in respect of one transaction, in addition to the aggregate of those fees.

(3) Where a person applies, on any one occasion, for the registration of more than one change in the Register in respect of the same ship for which more than one fee would be payable under item 9, 10 or 11 in the Table—

(a) the fee for the first change is £37;

(b) the fee for the second and each subsequent change is £17, and

(c) the fee for premium service is £100 in addition to the aggregate of the other fees.

Table of fees

(a) for the first or only transfer

(b) for the second and each subsequent transfer

(a) for the first or only mortgage

(b) for the second and each additional mortgage

(a) for current entries

(b) for other entries

(a) for current entries

(b) for other entries

Section 2

(1) The fees prescribed in the Table of fees are subject to the provisions of sub-paragraphs (2) and (3).

(2) Where a person requests and receives premium service, the fee prescribed in column (4) is payable in addition to the fee prescribed in column (3) or, where more than one fee is prescribed in respect of one transaction, in addition to the aggregate of those fees.

(3) Where a person applies, on any one occasion, for the registration of more than one change in the Register in respect of the same ship for which more than one fee would be payable under item 10, 11 or 12 in the Table—

(a) the fee for the first change is £37;

(b) the fee for the second and each subsequent change is £17, and

(c) the fee for premium service is £100 in addition to the aggregate of the other fees.

Table of fees

(a) with full registration

(b) with simple registration

(a) with full registration

(b) with simple registration

(c) where more than one transfer is registered on any occasion, for each additional transfer

(a) where one mortgage only is registered

(b) where more than one mortgage is registered on any occasion, for each additional mortgage

(a) for current entries

(b) for other entries

(a) with full registration

(b) with simple registration

Section 2

Where a person requests and receives premium service, the fee prescribed in column (4) is payable in addition to the fee prescribed in column (3).

Table of fees

Section 2

No fee is payable by a person who has ceased to be regarded as the holder of a British Seaman’s Card or discharge book because it has been lost, destroyed or defaced through the wreck or loss of a ship or fire on board ship.

Table of fees

Section 2

Save as provided in paragraph 3, the fees specified in the Table of fees apply where—

(a) an inspector or surveyor is unable to start an inspection, survey or test for which a fee is payable under these Regulations at the appointed hour,

(b) an inspection, survey or test is disrupted, or

(c) an inspector or surveyor is called upon to perform a function for which a fee is payable under these Regulations—

(i) in the United Kingdom, at an unusual hour, or

(ii) outside the United Kingdom.

Section 2

The fee for the granting by the Secretary of State of an exemption in respect of a harbour authority or terminal operator pursuant to regulation 15(1) and (2) of the Regulations, or in respect of a ship pursuant to regulation 15(3) of the Regulations, is £94.

Section 3

Where a fee is specifically prescribed under another Part of this Schedule in respect of a survey, inspection or audit or the issue, amendment, renewal or endorsement of a certificate in connection with any of the statutory requirements, the fee so prescribed applies and not the fee prescribed under this Part.

Section 3

The fees which would otherwise apply by virtue of paragraph 2(a) and (b) do not apply where—

(a) a delay in the commencement, or the disruption, of an inspection, survey or test is due to reasons over which the applicant has no control,

(b) the delay lasts for less than one hour, or

(c) the inspector or surveyor is reasonably able to avoid waiting time by performing other available work (for which the appropriate fee has been paid) in the vicinity.

Section 4

(1) This paragraph applies in relation to any service or function mentioned in paragraph 2(a), (b), (d), (e) or (f) which is provided in pursuance of an application made with a view to showing compliance with, or seeking exemption from, any requirement imposed by or under any of the statutory instruments listed in paragraph 1.

(2) Where this paragraph applies—

(a) in the case of an application relating to a requirement under the Radio Regulations, the applicant shall if requested by, or arranged in advance with, the Secretary of State, and

(b) in the case of any other application, the applicant shall,

before commencement of the work pay a deposit on account of the fee, the amount of the deposit to be calculated by reference to an estimate by the appropriate authority of the duration of the work likely to be required and the hourly rate prescribed in respect of that service or function.

(3) If during the course of the work the appropriate authority estimates that the duration of the work likely to be required is greater than the amount deposited under sub-paragraph (2), it may recalculate the deposit and the applicant must pay any excess.

(4) 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 is to be recalculated by reference to the actual duration and the difference is to be paid by, or as the case may be, refunded to, the applicant.

(5) In this paragraph “appropriate authority” means the Agency or other appropriate certifying authority provided for in relation to the relevant statutory requirements.

Section 4

Where a fee specified in the Table of fees applies, it is payable in addition to the hourly fee payable by virtue of any other provision of this Schedule.

Table of fees

(a) after the first hour at the place of the survey, inspection or test

(b) in travelling to and from that place (to which the limitation provided for in regulation 5(1) does not apply)

(a) if undertaken between 6 p.m. and 8 a.m., Monday to Friday, or at any time on Saturday

(b) if undertaken on Sunday or a Bank holiday

Section 5

Save as provided in paragraph 6 (and subject to any additional fee which may be payable under Part 13 of this Schedule), the fee for a service or function to which this Part applies performed by a person employed by the Agency is to be determined by reference to the time spent in doing the necessary work and calculated at the hourly rate of £94.

Section 6

(1) A fee for a radio survey under the Radio Regulations is to be calculated as provided in sub-paragraph (2).

(2) To the extent that the fee is payable in respect of—

(a) time occupied in travelling to the place of survey, conducting the survey and completing the survey report, it is to be charged at an hourly rate of £36;

(b) all other work (including administration) done in connection with the survey, the amount chargeable is £75.