The Merchant Shipping (Fees) (Amendment) Regulations 1987

Statutory Instruments

1987 No. 548

MERCHANT SHIPPING

MARINE POLLUTION

The Merchant Shipping (Fees) (Amendment) Regulations 1987

Made

26th March 1987

Laid before Parliament

1st April 1987

Coming into force

6th April 1987

The Secretary of State, in exercise of the powers conferred by–

(i)

section 33 of the Merchant Shipping (Safety Convention Act) 1949(1);

(ii)

section 1(1)(d) of the Anchors and Chain Cables Act 1967(2);

(iii)

section 6 of the Fishing Vessels (Safety Provisions) Act 1970(3);

(iv)

section 84 of the Merchant Shipping Act 1970(4);

(v)

section 17 of and Schedule 5 to the Merchant Shippping Act 1974(5);

(vi)

section 21(1) and (3)(r) of the Merchant Shipping Act 1979(6);

(q04vii)

article 3(2)(a) of the Merchant Shipping (Prevention and Control of Pollution) Order 1987(7);

and now vested in him(8) and of all other powers enabling him in that behalf, and with the consent and approval of the Treasury (except in respect of the powers conferred by the Act of 1974) hereby makes the following Regulations:

1.  These Regulations may be cited as the Merchant Shipping (Fees) (Amendment) Regulations 1987 and shall come into force on 6th April 1987.

2.  The Schedule to the Merchant Shipping (Fees) Regulations 1987(9) shall be amended as follows–

(a) in Part I, paragraph 1(2)–

(i) in section A (CREW), there shall be added at the end the following entries:

Merchant Shipping (Safety Officials and Reporting of Accidents and Dangerous Occurrences) Regulations 1982	876	1984/93
Merchant Shipping (Certification of Deck Officers) Regulations 1985	1306
Merchant Shipping (Protective Clothing and Equipment) Regulations 1985	1664
Merchant Shipping (Certification of Marine Engineer Officers and Licensing of Marine Engine Operators) Regulations 1986	1935

(ii) in section C (DANGEROUS GOODS), there shall be added the following entries–

Merchant Shipping (Chemical Tankers) Regulations 1986	1068
Merchant Shipping (Gas Carriers) Regulations 1986	1073

(iii) in section E (FIRE AND LIFE SAVING), there shall be added the following entry–

Merchant Shipping (Life-Saving Appliances) Regulations 1986

1066

(iv) in section I (RADIO AND NAVIGATIONAL EQUIPMENT), the entry relating to the Merchant Shipping (Navigational Equipment) Regulations 1980 shall be omitted;

(v) in section J (SHIPS – CONSTRUCTION AND EQUIPMENT), the entry relating to the Anchors and Chain Cables Rules 1970(10) shall be omitted;

(vi) in section K the title “OIL POLLUTION” shall be changed to “PREVENTION AND CONTROL OF POLLUTION,” and there shall be added the following entries–

Merchant Shipping (IBC Code) Regulations 1987	549
Merchant Shipping (BCH Code) Regulations 1987	550
Merchant Shipping (Control of Pollution by Noxious Liquid Substances in Bulk) Regulations 1987	551

(b) In Part I, paragraph 2(d), for “the Merchant Shipping (Navigational Equipment) Regulations 1980” there shall be substituted “the Merchant Shipping (Navigational Equipment) Regulations 1984” and for “the Merchant Shipping (Radios (Fishing Vessels) Rules 1984” there shall be substituted “the Merchant Shipping (Radio) (Fishing Vessels) Rules 1974”;

(c) in Part I, paragraph 3–

(i) the words “and except in relation to the services referred to in paragraph 5 below” shall be inserted after “Subject to paragraph 4 below”;

(ii) in sub-paragraph (c) “under section 76(1) of the Act of 1970” shall be added after “inspection” where it first appears and the word “on” shall be inserted after “whether or not”; and

(iii) in sub-paragraph (e) the words “except in relation to section K of paragraph 1(2) above, consideration of” shall be inserted at the start;

(d) in Part I there shall be added a new paragraph–

“5.   Subject to any additional charge payable under Part X 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 £45.50”;

(e) in Part III for “below,” there shall be substituted “below)”;

(f) in Part V the listed fees set out in column 1 of the Table below shall be replaced by those set out in column 2 of that Table.

Column 1	Column 2
£	£
145	150
210	215
45	47
80	83

(g) in Part VIII, paragraph 2(2) down to the end of sub-paragraph (2)(a) shall be replaced by the following–

• “For the issue or renewal of a discharge book under paragraph 1 of regulation 18 or under paragraphs 1 or 2 of regulation 19 of the Regulations (except where paragraph 2(2)(b) below applies) to a seaman–

  (a)

  (i)

  On postal applicationJ £15

  (ii)

  OtherJ £35”;

(h) in Part X–

(i) for the sub-heading and the opening paragraph there shall be substituted the following–

“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.

(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–

Provided that 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, such additional fees will not be payable.”;

(ii) in the heading to column 3 of the Table “etc” shall be deleted;

(iii) there shall be added to the Table a fourth column with the heading “Radio Surveys” and sub-heading “£ per hour or part thereof” with the entries set out in the table below, to be made in respect to the entries referred to on the left–

	Radio Surveys
	£ per hour or part thereof
1.  For waiting time prior to the commencement of and during the course of a survey or inspection:
for periods not in excess of one hour	No fee
for periods in excess of one hour–
for surveys in the United Kingdom	£49.00
for surveys abroad	£98.00
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	£49.00
3.  When a surveyor or inspector is called upon to perform services in the United Kingdom at unusual hours: for work undertaken during the following hours including time occupied in travelling:
Mondays to Fridays inclusive between 6pm and 8am and all day Saturday	£24.50
Sundays and Public Holidays	£49.00
4.  When a surveyor or inspector is called upon to perform services outside the United Kingdom which involve working total hours in any one week in excess of normal weekly employment hours, for the excess hours of work	£12.30 per hour

Signed by authority of the Secretary of State.

Michael Spicer

Parliamentary Under Secretary of State,

Department of Transport

26th March 1987

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Merchant Shipping (Fees) Regulations 1987. They increase the fees payable in respect of the registration of ships by approximately 3.6%. The Regulations include further regulations for services in respect of which hourly fees are payable, in particular the Regulations made to implement the coming into force of Annex II (Control of Pollution by Noxious Liquid Substances in Bulk) to the Convention for the Prevention of Pollution of Ships 1973 (MARPOL).

These Regulations also make clarifications, and correct errors, in the main Regulations.

(1)

1949 c. 43; section 33 was extended by section 2(4) of the Merchant Shipping Act 1964 (c. 47), which was amended by S.I. 1980/539.

(2)

1967 c. 64.

(3)

1970 c. 27.

(4)

1970 c. 36.

(5)

1974 c. 43.

(6)

1979 c. 39.

(7)

S.I. 1987/470.

(8)

See S.I. 1970/1537.

(9)

S.I. 1987/63.

(10)

S.I. 1970/1453.