The Merchant Shipping (Fees) Regulations 1996

PART I SURVEYS, INSPECTIONS AND APPLICATIONS FOR EXEMPTION

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

(1) Primary Legislation

• The Act of 1995.

(2) Statutory Instruments

Title	S.I. Number	Amended by S.I.
A. CREW
Merchant Shipping (Code of Safe Working Practices) Regulations 1980	686
Merchant Shipping (Health and Safety: General Duties) Regulations 1984	408	1988/1396
Merchant Shipping (Safety Officials and Reporting of Accidents and Dangerous Occurrences) Regulations 1982	876	1984/93 1994/2014
Merchant Shipping (Protective Clothing and Equipment) Regulations 1985	1664
Merchant Shipping (Guarding of Machinery and Safety of Electrical Equipment) Regulations 1988	1636	1988/2274
Merchant Shipping (Means of Access) Regulations 1988	1637	1988/2274
Merchant Shipping (Entry into Dangerous Spaces) Regulations 1988	1638	1988/2274
Merchant Shipping (Hatches and Lifting Plant) Regulations 1988	1639	1988/2274
Merchant Shipping (Safe Movement on Board Ship) Regulations 1988	1641	1988/2274
Merchant Shipping (Provisions and Water) Regulations 1989	102
B. CREW ACCOMMODATION
Merchant Shipping (Crew Accommodation) Regulations 1978	795	1979/491 1984/41 1989/184
C. DANGEROUS GOODS
Merchant Shipping (Gas Carriers) Regulations 1994	2464
Merchant Shipping (Dangerous Goods and Marine Pollutants) Regulations 1990	2605	1994/3245
D. DIVING AND SUBMERSIBLES
Merchant Shipping (Diving Operations) Regulations 1975	116	1975/2062
Merchant Shipping (Submersible Craft Construction and Survey) Regulations 1981	1098	1987/306
Merchant Shipping (Submersible Craft Operations) Regulations 1987	311	1987/1603
E. FIRE AND LIFE-SAVING
Merchant Shipping (Life-Saving Appliances) Regulations 1980	538	1981/577 1986/1072 1991/1300
Merchant Shipping (Fire Appliances) Regulations 1980	544	1981/574 1985/1194 1986/1070 1992/3162
Merchant Shipping (Fire Protection) Regulations 1984	1218	1985/1193 1986/1070 1992/2360 1993/3163
Merchant Shipping (Fire Protection) (Ships built before 25th May 1980) Regulations 1985	1218	1986/1070 1993/3164
Merchant Shipping (Fire Protection) (Non-United Kingdom) (Non-SOLAS Ships) Rules 1986	1248	1993/3161
Merchant Shipping (Life-Saving Appliances) Regulations 1986	1066	1991/1300
Merchant Shipping (Musters and Training) Regulations 1986	1071	1993/3231
Merchant Shipping (Life-Saving Appliances for Passenger Ships of Classes III to VI(A)) Regulations 1992	2359
F. FISHING VESSELS
Merchant Shipping (Crew Accommodation) (Fishing Vessels) Regulations 1975	2220
Fishing Vessels (Safety Provisions) Rules 1975	330	1975/471 1976/432 1977/313 1977/498 1978/1598 1978/1873 1981/567 1991/1342 1996/2419
Fishing Vessels (Life-Saving Appliances) Regulations 1988	38
Fishing Vessels (Safety Training) Regulations 1989	126
G. LOAD LINES
Merchant Shipping (Load Lines) Rules 1968	1053	1970/1003 1979/1267 1990/2128 1990/2543 1993/1994
Merchant Shipping (Load Lines) (Length of Ship) Regulations 1968	1072
Merchant Shipping (Load Lines) (Deck Cargo) Regulations 1968	1089
Merchant Shipping (Load Lines) (Particulars of Depth of Loading) Regulations 1972	1841
Merchant Shipping (Grain) Regulations 1985	1217
H. RADIO AND NAVIGATIONAL EQUIPMENT
Merchant Shipping (Navigational Equipment) Regulations 1984	1203	1985/659 1994/1104
Merchant Shipping (Radio) (Fishing Vessels) Rules 1974	1919	1982/1292 1994/1104
Merchant Shipping (Radio Installations) Regulations 1992	3	1995/1210
Merchant Shipping (Navigational Equipment) Regulations 1993	69
I. CONSTRUCTION AND EQUIPMENT
Merchant Shipping (Passenger Ship Construction) Regulations 1980	535	1985/660 1986/1074 1987/1886 1988/1693
Merchant Shipping (Automatic Pilot and Testing of Steering Gear) Regulations 1981	571
Merchant Shipping (Cargo Ship Construction and Survey) Regulations 1981	572	1985/663 1992/135 1995/1210
Merchant Shipping (Cargo Ship Safety Equipment Survey) Regulations 1981	573	1985/211
Merchant Shipping (Passenger Ship Classification) Regulations 1981	1472
Merchant Shipping (Passenger Ship Construction and Survey) Regulations 1984	1216	1986/1074 1987/1886 1988/1693 1990/892 1992/2358 1995/1210
Merchant Shipping (Cargo Ship Construction and Survey) Regulations 1984	1217	1986/1067 1992/135
Merchant Shipping (Application of Construction and Survey Regulations to Other Ships) Regulations 1985	661
Merchant Shipping (Closing of Openings in Hulls and in Watertight Bulkheads) Regulations 1987	1298
Merchant Shipping (Pilot Ladders and Hoists) Regulations 1987	1961	1993/3232
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
Merchant Shipping (Emergency Equipment Lockers for Ro/Ro Passenger Ships) Regulations 1988	2272
Merchant Shipping (Loading and Stability Assessment of Ro/Ro Passenger Ships) Regulations 1989	100
Merchant Shipping (Emergency Information for Passengers) Regulations 1990	660
Merchant Shipping (Pilot Boats) Regulations 1991	65
Merchant Shipping (Vessels In Commercial Use for Sport and Pleasure) Regulations 1993	1072
Merchant Shipping (High Speed Craft) Regulations 1996	3188
J. PREVENTION AND CONTROL OF POLLUTION
Merchant Shipping (Prevention of Oil Pollution) Regulations 1996	2154
Merchant Shipping (IBC Code) Regulations 1987	549	1990/2602 1994/2082
Merchant Shipping (BCH Code) Regulations 1987	550	1990/2603 1994/2084
Merchant Shipping (Control of Pollution by Noxious Liquid Substances in Bulk) Regulations 1987	551	1990/2604 1994/2083
K. MANNING AND CERTIFICATION
Fishing Vessels (Certification of Deck Officers and Engineer Officers) Regulations 1984	1115	1991/1819 1995/1428
Merchant Shipping (Certification of Deck Officers) Regulations 1985	1306	1987/884 1991/1819 1995/1429
Merchant Shipping (Certification of Marine Engineer Officers and Licensing of Marine Engine Operators) Regulations 1986	1935	1987/884 1995/1429
Merchant Shipping (Safe Manning Document) Regulations 1992	1564
L. SURVEY AND CERTIFICATION
Merchant Shipping (Survey and Certification) Regulations 1995	1210	1996/2418
M. TONNAGE MEASUREMENT
Merchant Shipping (Registration of Ships) Regulations 1993	3138
Merchant Shipping (Tonnage) Regulations 1982	841	1988/1910

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.

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(1) 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.

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).

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.

(1)

S.I. 1995/3128.