- Latest available (Revised)
- Point in Time (27/12/2022)
- Original (As made)
Point in time view as at 27/12/2022.
There are currently no known outstanding effects for the The Merchant Shipping (Fees) Regulations 2018.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
1.—(1) These Regulations may be cited as the Merchant Shipping (Fees) Regulations 2018 and come into force on 13th November 2018.
(2) They cease to have effect at the end of the period of seven years beginning with the day on which they come into force.
2. 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;
“inspection” includes audit, survey and test;
“issue” includes amendment, endorsement, re-issue and renewal;
“local office” means—
“[F1, or attending a priority appointment online];
”, 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“standard hourly rate” means—
£120 per hour in respect of any work carried out after 12th November 2018 and before 13th November 2019, and
£147 per hour in respect of any work carried out after 12th November 2019; and
“vessel” has the same meaning as “ship” in the Act.
Textual Amendments
F1Words in reg. 2 inserted (6.1.2022) by The Merchant Shipping (Polar Code) (Safety) Regulations 2021 (S.I. 2021/1401), regs. 1(1), 11(2) (with reg. 3)
Marginal Citations
M1See https://www.gov.uk/government/organisations/maritime-and-coastguard-agency/about/access-and-opening
.
M2See https://www.gov.uk/government/organisations/marine-management-organisation.
M3See http://www.gov.scot/Topics/marine/contact and http://www.gov.scot/Resource/0044/00447445.pdf.
M4See https://www.dardni.gov.uk/contact.
3.—(1) The fee payable in respect of a service or other function described in Schedule 1 is the fee—
(a)specified in that Schedule in relation to that service or function, or
(b)otherwise determined under that Schedule.
(2) Where a fee is payable in respect of the issue of a certificate, the Agency is not required to issue the certificate until that fee has been paid.
4.—(1) Where a fee is determined by reference to the amount of work involved, the fee includes an amount for the time spent travelling, except that travelling time in excess of —
(a)4 hours for each visit to a ship [F2or a person] in the United Kingdom, and
(b)10 hours in any period of 24 hours for travel from the United Kingdom to a ship [F3or a person] located abroad and back to the United Kingdom,
is to be disregarded.
(2) The reasonable cost of travel and subsistence incurred in visiting a ship [F4or a person] outside the United Kingdom is to be reimbursed to the Agency in addition to the fee payable under these Regulations.
(3) Paragraph (4) applies to expenses reasonably incurred in respect of any assistance provided to the Agency by a person not employed by it.
(4) To the extent that the expenses referred to in paragraph (3) relate to a service or function of the Agency for which a fee is payable under these Regulations, they are to be reimbursed to the Agency in addition to that fee.
Textual Amendments
F2Words in reg. 4(1)(a) inserted (6.1.2022) by The Merchant Shipping (Polar Code) (Safety) Regulations 2021 (S.I. 2021/1401), regs. 1(1), 11(3)(a) (with reg. 3)
F3Words in reg. 4(1)(b) inserted (6.1.2022) by The Merchant Shipping (Polar Code) (Safety) Regulations 2021 (S.I. 2021/1401), regs. 1(1), 11(3)(a) (with reg. 3)
F4Words in reg. 4(2) inserted (6.1.2022) by The Merchant Shipping (Polar Code) (Safety) Regulations 2021 (S.I. 2021/1401), regs. 1(1), 11(3)(b) (with reg. 3)
5.—(1) Subject to paragraph (2), where an application for a service or other function for which a fee is payable under these Regulations is made before the day they come into force, but the service or function is provided on or after that date, the fee payable in respect of that service or function is the fee prescribed immediately before the coming into force of these Regulations.
(2) Paragraph (3) applies where—
(a)an application for a service or other function is made before these Regulations come into force,
(b)the fee payable in respect of that service or function is to be calculated by reference to an hourly rate, and
(c)any work to conduct that service or function is carried out after these Regulations come into force.
(3) The hourly rates prescribed under these Regulations apply for the purpose of calculating—
(a)the fee in respect of the service or other function carried out after the date these Regulations come into force, and
(b)any additional fee which becomes payable under Part 14 of Schedule 1 by reason of an event occurring after that date.
6. The Regulations specified in Schedule 2 are revoked.
7.—(1) In each of the regulations specified in paragraph (2), for “Merchant Shipping (Fees) Regulations 2006” substitute “ Merchant Shipping (Fees) Regulations 2018 ”.
(2) The regulations specified for the purposes of paragraph (1) are—
(a)regulations 11(1) and 13(1)(b) of the Merchant Shipping (Prevention of Air Pollution From Ships) Regulations 2008 M5,
(b)regulations 11(1) and 13(1)(b) of the Merchant Shipping (Prevention of Pollution by Sewage and Garbage from Ships) Regulations 2008 M6,
(c)regulation 8(1) of the Merchant Shipping (Passenger Ships) Safety Code for UK Categorised Waters) Regulations 2010 M7,
(d)regulation 22(3) of the Merchant Shipping (Port State Control) Regulations 2011 M8, and
(e)regulations 15(1)(c) and 17(2) of the Merchant Shipping (Prevention of Pollution from Noxious Liquid Substances in Bulk) Regulations 2018 M9.
Marginal Citations
M5S.I. 2008/2924, amended by S.I. 2010/895, 2010/3035, 2011/3056, 2014/3076 and 2016/1025.
M6S.I. 2008/3257, amended by S.I. 2010/897, 2011/3056, 2014/3306 and 2016/1025.
M7S.I. 2010/680, amended by S.I. 2010/1075 and 2011/3056.
M8S.I. 2011/2601, amended by S.I. 2017/825.
8.—(1) The Secretary of State must—
(a)carry out a review of the regulatory provision contained in these Regulations, and
(b)publish a report setting out the conclusions of the review.
(2) The report must be published before 13th November 2023.
(3) Section 30(4) of the Small Business, Enterprise and Employment Act 2015 M10 requires that the report published under this regulation must, in particular—
(a)set out the objectives intended to be achieved by the regulatory provision referred to in paragraph (1)(a),
(b)assess the extent to which those objectives are achieved,
(c)assess whether those objectives remain appropriate, and
(d)if those objectives remain appropriate, assess the extent to which they could be achieved in another way which involves less onerous regulatory provision.
(4) In this regulation, “regulatory provision” has the same meaning as in sections 28 to 32 of the Small Business, Enterprise and Employment Act 2015 (see section 32 of that Act).
Marginal Citations
Signed by authority of the Secretary of State for Transport
Nusrat Ghani
Parliamentary Under Secretary of State
Department for Transport
We consent to the making of these Regulations
Mike Freer
Rebecca Harris
Two of the Lords Commissioners of Her Majesty's Treasury
The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Impact Assessments generally accompany all UK Government interventions of a regulatory nature that affect the private sector, civil society organisations and public services. They apply regardless of whether the regulation originates from a domestic or international source and can accompany primary (Acts etc) and secondary legislation (SIs). An Impact Assessment allows those with an interest in the policy area to understand:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: