1988 No. 1485
The Merchant Shipping (Fees) Regulations 1988
Made
Laid before Parliament
Coming into force
The Secretary of State, in exercise of the powers conferred by:—
section 5(3) of the Merchant Shipping Act 19481,
section 33 of the Merchant Shipping (Safety Convention) Act 19492,
section 26 of the Merchant Shipping (Load Lines) Act 19673,
section 1(1)(d) of the Anchors and Chain Cables Act 19674,
section 6 of the Fishing Vessels (Safety Provisions) Act 19705,
section 84 of the Merchant Shipping Act 19706,
section 17 of and Schedule 5 to the Merchant Shipping Act 19747,
section 21(1) and (3)(r) of the Merchant Shipping Act 19798,
section 5(1) and (8) of, and paragraph 2(j) of the Schedule to the Merchant Shipping Act 19839,
article 3(1)(a) of the Merchant Shipping (Prevention of Oil Pollution) Order 198310,
article 3(2)(a) of the Merchant Shipping (Prevention and Control of Oil Pollution) Order 198711,
and now vested in him12 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 Acts of 1948 and 1974) hereby makes the following Regulations:—
1
These Regulations may be cited as the Merchant Shipping (Fees) Regulations 1988 and shall come into force on 22nd September 1988.
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 1979” means the Merchant Shipping Act 1979;
“the principal Act” means the Merchant Shipping Act 189413; and
“tons” means gross tons and the gross tonnage of a ship having alternative gross tonnages shall be taken to the larger of those tonnages.
3
Nothing in these Regulations shall apply to any work involved in carrying out a service before these Regulations come into force.
4
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 subject to a maximum of 10 hours in any 24 hour period;
c
i
ii
time spent by a surveyor in the office in respect of the survey for the renewal of a fishing vessel certificate under the Fishing Vessels (Safety Provisions) Rules 1975, or an inspection under the Merchant Shipping (Crew Accommodation) (Fishing Vessels) Regulations 1975 shall in either case be charged for at a flat rate of £90;
d
the cost of travelling and subsistence incurred in visiting a ship outside the United Kingdom shall be charged additionally to the hourly rate;
e
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;
f
any specific costs incurred in respect of computer or outside services shall be charged additionally to the hourly rate.
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.
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.
We consent to and approve the making of these Regulations,
SCHEDULE
PART ISURVEYS, INSPECTIONS AND APPLICATIONS FOR EXEMPTION
1
In this Part of the Schedule “the statutory requirements” means any provision of the following:
1Primary Legislation
The principal Act, Parts III and V, the Act of 1948, the Act of 1949, the Act of 1967, the Act of 1970, the Act of 1979, sections 20 and 21 and the Merchant Shipping Act 1988, sections 30 and 31.
2Statutory Instruments
TITLE | S.I. Number | Amended by S.I. |
|---|---|---|
A. CREW | ||
Merchant Shipping (Provisions and Water) Regulations 1972 | 1871 | |
Merchant Shipping (Code of Safe Working Practices) Regulations 1980 | 686 | |
Merchant Shipping (Means of Access) Regulations 1981 | 1729 | |
Merchant Shipping (Health and Safety: General Duties) Regulations 1984 | 408 | |
Merchant Shipping (Safety Officials and Reporting of Accidents and Dangerous Occurrences) Regulations 1982 | 876 | |
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 | |
B. CREW ACCOMMODATION | ||
Merchant Shipping (Crew Accommodation) Regulations 1978 | 795 | |
C. DANGEROUS GOODS | ||
Merchant Shipping (Dangerous Goods) Regulations 1981 | 1747 | |
Merchant Shipping (Gas Carriers) Regulations 1986 | 1073 | |
D. DIVING AND SUBMERSIBLES | ||
Merchant Shipping (Diving Operations) Regulations 1975 | 116 | |
Merchant Shipping (Submersible Craft Construction and Survey) Regulations 1981 | 1098 | |
Merchant Shipping (Submersible Craft Operations) Regulations 1987 | 311 | |
E. FIRE AND LIFE SAVING | ||
Merchant Shipping (Life-Saving Appliances) Regulations 1980 | 538 | 981/577 |
Merchant Shipping (Fire Appliances) Regulations 1980 | 544 | |
Merchant Shipping (Fire Protection) Regulations 1984 | 1218 | |
Merchant Shipping (Fire Protection) (Ships built before 25th May 1980) Regulations 1985 | 1218 | |
Merchant Shipping (Fire Protection) (Non-United Kingdom) (Non-SOLAS Ships) Rules 1986 | 1248 | |
Merchant Shipping (Life-Saving Appliances) Regulations 1986 | 1066 | |
Merchant Shipping (Musters and Training) Regulations 1986 | 1071 | |
F. FISHING VESSELS | ||
Merchant Shipping (Provisions and Water) (Fishing Vessels) Regulations 1972 | 1872 | |
Merchant Shipping (Crew Accommodation) (Fishing Vessels) Regulations 1975 | 2220 | |
Fishing Vessels (Certification of Deck Officers and Engineer Officers) Regulations 1984 | 1115 | |
Fishing Vessels (Safety Provisions) Rules 1975 | 330 | |
Fishing Vessels (Life-Saving Appliances) Regulations 1988 | 38 | |
G. LOAD LINES | ||
Merchant Shipping (Load Lines) Rules 1968 | 1053 | |
Merchant Shipping (Load Lines) (Length of Ship) Regulations 1968 | 1072 | |
Merchant Shipping (Load Lines) (Deck Cargo) Regulations 1968 | 1089 | |
Merchant Shipping (Load Lines) (Exemption) Order 1968 | 1116 | |
Merchant Shipping (Load Lines) (Particulars of Depth of Loading) Regulations 1972 | 1841 | |
Merchant Shipping (Grain) Regulations 1985 | 1217 | |
H. MEDICAL STORES | ||
Merchant Shipping (Medical Stores) Regulations 1986 | 144 | |
I. RADIO AND NAVIGATIONAL EQUIPMENT | ||
Merchant Shipping (Radio Installations) Regulations 1980 | 529 | |
Merchant Shipping (Navigational Equipment) Regulations 1984 | 1203 | |
Merchant Shipping (Radio Installations Surveys) Regulations 1981 | 583 | |
*Merchant Shipping (Radio) (Fishing Vessels) Rules 1974 | 1919 | |
J. SHIPS — CONSTRUCTION AND EQUIPMENT | ||
Merchant Shipping (Passenger Ship Construction) Regulations 1980 | 535 | |
Merchant Shipping (Automatic Pilot and Testing of Steering Gear) Regulations 1981 | 571 | |
Merchant Shipping (Cargo Ship Construction and Survey) Regulations 1981 | 572 | |
Merchant Shipping (Application of Construction and Survey Regulations to other ships) Regulations 1985 | 661 | |
Merchant Shipping (Cargo Ship Construction and Survey) Regulations 1984 | 1217 | |
Merchant Shipping (Cargo Ship Safety Equipment Survey) Regulations 1981 | 573 | |
Merchant Shipping (Passenger Ship Classification) Regulations 1981 | 1472 | |
Merchant Shipping (Passenger Ship Construction and Survey) Regulations 1984 | 1216 | |
Merchant Shipping (Closing of Openings in Hulls and in Watertight Bulkheads) Regulations 1987 | 1298 | |
Merchant Shipping (Pilot Ladders and Hoists) Regulations 1987 | 1961 | |
Merchant Shipping (Passenger Boarding Cards) Regulations 1988 | 191 | |
Merchant Shipping (Closing of Openings in Enclosed Superstructures and in Bulkheads above the Bulkhead Deck) Regulations 1988 | 317 | |
Merchant Shipping (Closing of Openings in Enclosed Superstructures and in Bulkheads above the Bulkhead Deck) (Application to Non-United Kingdom ships) Regulations 1988 | 642 | |
K. PREVENTION AND CONTROL POLLUTION | ||
Merchant Shipping (Prevention of Oil Pollution) Regulations 1983 | 1398 | |
Preventing Pollution (Reception Facilities) Order 1984 | 862 | |
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 | |
2
Subject to any additional charge payable under Part X of this Schedule, the fees for the services in this Part of the Schedule shall be determined by the amount of work involved, charged at an hourly rate of £42, except in the case of any service in connection with:
a
the Merchant Shipping (Provisions and Water) (Fishing Vessels) Regulations 1972 and the Merchant Shipping (Provisions and Water) Regulations 1972, when the hourly rate shall be £31.00;
b
the Fishing Vessels (Safety Provisions) Rules 1975 when the hourly rate shall be £45;
c
the Merchant Shipping (Crew Accommodation) (Fishing Vessels) Regulations 1975 when the hourly rate shall be £45; and
d
the Merchant Shipping (Radio Installations) Regulations 1980, the Merchant Shipping (Navigational Equipment) Regulations 1984, the Merchant Shipping (Radio Installations Surveys) Regulations 1981 and the Merchant Shipping (Radio) (Fishing Vessels) Rules 1974 when the hourly rate shall be £50.
3
Subject to paragraph 4 below and except in relation to the services referred to in paragraph 5 below, the services in this Part of the Schedule 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 section k of paragraph 1(2) above, consideration of any application for an exemption 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.
4
1
This paragraph shall apply in relation to any service mentioned in paragraph 3 above otherwise than in sub-paragraph (c) thereof 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 that marked with an asterisk.
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-paragraph, 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 the duration of the work actually required in consequence of the application is greater or less than its 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.
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.
6
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(a) and the issue of Certificates under those Rules, shall be determined by the amount of work involved charged at an hourly rate of £42.
PART IITONNAGE MEASUREMENT
Fees for Measurement of Ship`s Tonnage
1
The fees prescribed in this Part include the survey and certification under section 6 and the inspection of markings under section 7(1) of the principal Act.
2
In this Part:—
“the Regulations” means the Merchant Shipping (Tonnage) Regulations 1982(b).
“sister ship” means a ship which corresponds in all major respects relevant to the 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 commencement of its measurement for tonnage, application has been made in writing by or on behalf of the owner of the ship requesting it to be treated as a sister ship.
3
The fee to be charged for the tonnage measurement of ships (not being a ship to which paragraph 4 below refers to) shall be that set out in the following Table:
A ship which exceeds (tons) | A ship which does not exceed (tons) | Fee £ |
|---|---|---|
90 | 348 | |
90 | 180 | 523 |
180 | 270 | 696 |
270 | 450 | 871 |
450 | 900 | 1,158 |
900 | 1,450 | 1,444 |
1.450 | 1,800 | 1,594 |
1,800 | 2,700 | 1,744 |
2,700 | 3,600 | 2,029 |
3,600 | 4,500 | 2,317 |
4,500 | 6,000 | 2,604 |
6,000 | 7,000 | 2,903 |
7,000 | 8,000 | 3,189 |
8,000 | 9,000 | 3,477 |
9,000 | 10,000 | 3,760 |
10,000 | 11,000 | 3,987 |
11,000 | 12,000 | 4,196 |
12,000 | 13,000 | 4,422 |
13,000 | 14,000 | 4,632 |
14,000 | 15,000 | 4,858 |
15,000 | 16,000 | 5,070 |
16,000 | 17,000 | 5,220 |
17,000 | 18,000 | 5,356 |
18,000 | 19,000 | 5,435 |
19,000 | 20,000 | 5,642 |
20,000 | 21,000 | 5,792 |
21,000 | 22,000 | 5,940 |
22,000 | 23,000 | 6,079 |
23,000 | 24,000 | 6,229 |
24,000 | 25,000 | 6,377 |
25,000 | 27,500 | 6,664 |
27,500 | 30,000 | 6,950 |
30,000 | 32,500 | 7,251 |
32,500 | 35,000 | 7,533 |
35,000 | 40,000 | 8,109 |
40,000 | 45,000 | 8,695 |
45,000 | 50,000 | 9,418 |
50,000 | 55,000 | 10,140 |
55,000 | 60,000 | 10,863 |
60,000 | 11,587 |
4
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 be 70% of the fees set out in Table A.
b
The fees 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 of £42 subject to the maximum fee chargeable under sub-paragraph (1)(a) above.
2
a
The fees 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) of the Regulations shall be 100% of the fees set out in Table A.
b
The fees for a sister ship shall be determined by the amount of work involved, charged at an hourly rate of £42 subject to the maximum fee chargeable under sub-paragraph (2)(a) above.
3
a
The fees to be charged for the tonnage measurement of a ship in accordance with Schedule 5, Part III, paragraph 13 of the Regulations (alternative tonnages) shall be 150% of the fees set out in Table A.
b
The fees for a sister ship shall be determined by the amount of work involved charged at an hourly rate of £42 subject to the maximum fee chargeable under sub-paragaph (3)(a) above.
4
a
The fees 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 be 80% of the fees set out in Table A.
b
The fees for a sister ship shall be determined by the amount of work involved charged at an hourly rate of £42 subject to the maximum fee chargeable under sub-paragraph (4)(a) above.
5
The fees 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 of the Regulations shall:
i
when undertaken in the United Kingdom, not exceed £122 and
ii
when undertaken outside the United Kingdom, not exceed £244
6
The fees to be charged for the tonnage measurement of a ship to which Schedule 5, Part I, paragraph 2(3) of the Regulations (girthing of a loaded ship) applies, shall be 50% of the fees set out in Table A.
7
The fee to be charged for the remeasurement of a ship for tonnage purposes, verification of changes in any of the registered particulars, or any other services associated with the tonnage measurement shall be determined by the amount of work involved charged at an hourly rate of £42 subject to the maximum fee shown for a ship of that tonnage in Table A.
PART IIICERTIFICATES OF COMPETENCY AS AN OFFICER
The fee for the issue or endorsement of any certificate of competency as an officer shall (except as provided in section C of Part IV below) be £10.00.
PART IVEXAMINATIONS CONDUCTED BY THE DEPARTMENT OF TRANSPORT FOR CERTIFICATES OF COMPETENCY AS AN OFFICER AND OTHER SERVICES
Section AFees for examinations for certificates of competency as deck or marine engineer officer (fishing vessel).
Service | Fee |
|---|---|
| |
| £85 |
| £70 |
| £85 |
| £85 |
| £70 |
| £15 |
Section BFees for examinations for certificates of competency as master, deck officer or marine engineer officer (merchant ship).
| |
| £455 |
| £221 |
| £161 |
| 50% of the appropriate fee in 1, subject to a minimum of £105 |
| |
| £85 |
| £85 |
| £70 |
| £70 |
| £85 |
| £85 |
| £85 |
| £70 |
Service | Fees |
|---|---|
| |
| £85 |
| £85 |
| £85 |
| £85 |
| £85 |
| £85 |
| |
| £85 |
| £85 |
| £70 |
| £70 |
| £15 |
Section CRemoval of Endorsements, and Dangerous Cargo Endorsement
| £31 |
| £31 |
| £31 |
Section DMiscellaneous
| £31 |
| £15 |
| £8 |
| £15 |
| £8 |
| £60 |
| £16 |
Section EFees for Examinations for Certificates of Competency as A.B.
1
For Schedule 3 to the Merchant Shipping (Certificates of Competency as A.B.) Regulations 197019, there shall be substituted the following:—
SCHEDULE 3FEES
Service
Fee
1
For sitting the examination specified in regulation 4(1)(c), except in cases to which paragraph 3 of this Schedule applies or where the examination is sat at a centre specially approved by the Secretary of State
£15
2
For the grant of a certificate of competency, except in cases to which paragraph 3 of this Schedule applies
£8
3
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 examination
£15
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
£8
PART VREGISTRATION ETC OF SHIPS AND SUBMERSIBLE CRAFT
Fees for Registration, Transfer and Mortgage of Ships (excluding Vessels not exceeding 10 Tons Employed Solely in Fishing) and Inspection of the Register Book1
In this Part;
“ship” does not include vessels not exceeding 10 tons employed solely in fishing;
“submersible craft” means a submersible craft as defined in the Merchant Shipping (Registration of Submersible Craft) Regulations 197620.
Service | Fee |
|---|---|
| |
| £158 |
| £227 |
| |
| £49 |
| £88 |
| £5 |
| £10 |
| £5 |
| £30 |
PART VICOPIES OF DOCUMENTS
Fees for Copies of, or Extracts from, Documents Admissible in Evidence
Services | Fee |
|---|---|
| £15.00 |
| |
| £6 |
| £6 |
PART VIIWRECK
Fees of Receivers of Wreck
Service | Fee |
|---|---|
| 7% of the value thereof |
| £52 for each day during which the Receiver is employed on that service |
PART VIIISEAMEN`S DOCUMENTS
Fees for the Issue of British Seamen`s Cards and Discharge Books1
In this Part “the Regulations” means the Merchant Shipping (Seamen`s Documents) Regulations 198721; 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.
Service2
1
For the issue of a British Seaman`s Card:—
| |
| £16.50 |
| £35 |
| |
| £16.50 |
| £35 |
| 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—
| £16.50 |
| £35 |
| No fee |
PART IXENGAGEMENT AND DISCHARGE OF SEAMEN
Fees for the Engagement and Discharge of Seamen
1
2
For the engagement and discharge of seamen before a Superintendent pursuant to the Crew Agreements Regulations, or for any service rendered in connection with a crew agreement at the request of the owner, agent or master:—
Service | Fee |
|---|---|
| |
| The fee will be determined by the amount of work involved, including travelling time, charged at an hourly rate of £22 subject to a minimum fee of £22 |
| 200% of the appropriate fee under (1) above |
These fees are exclusive of travel and subsistence expenses which will be charged additionally | |
| |
| The fee will be determined by the amount of work involved charged at an hourly rate of £22 subject to a minimum fee of £5.50 |
| 200% of the appropriate fee under (1) above. |
PART XADDITIONAL CHARGES
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.
Inspection of ship`s provisions | Fishing vessels (any surveyor or inspection) | Other surveys inspections and tests | ||
|---|---|---|---|---|
£ per hour or part thereof | £ per hour or part thereof | £ per hour or part thereof | £ per hour or part thereof | |
| ||||
for periods not in excess of one hour | No fee | No fee | No fee | |
for periods in excess of one hour— | ||||
for surveys in the United Kingdom | 31.00 | 45.00 | 42.00 | 50.00 |
for surveys abroad | 62.00 | 90.00 | 84.00 | 100.00 |
| 31.00 | 45.00 | 42.00 | 50.00 |
| ||||
Mondays to Fridays inclusive between 6pm and 8am and all day Saturday | 15.50 | 22.50 | 21.00 | 25.00 |
Sundays and Public Holidays | 31.00 | 45.00 | 42.00 | 50.00 |
(This note is not part of the Regulations)