PART 13Additional Charges (Waiting Time, Attendance at Unusual Hours)
Interpretation
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(1)).
Application
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.
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.
Calculation of fees
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.
