1. These Regulations may be cited as the Merchant Shipping (Fees) Regulations 1987 and shall come into force on 1st February 1987.

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 1894(11); 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.

(2) Subject to regulation 3 below the following Regulations are hereby revoked:-

• the Merchant Shipping (Fees) Regulations 1985(12);

• the Merchant Shipping (Fees) (Amendment No. 2) Regulations 1985(13);

• the Merchant Shipping (Fishing Vessels) (Radios) (Fees) Regulations 1986(14);

• the Merchant Shipping (Fees) (Amendment No. 1) Regulations 1986(15).

3. Nothing in these Regulations shall apply to-

(a)any work involved in carrying out a service before these Regulations come into force; and

(b)any service started prior to 15th November 1985:

Provided that if the fee that would be chargeable under these Regulations if they applied would be less than the fee payable under or by virtue of the Regulations referred to in regulation 2(2) above then such lesser fee shall be payable.

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)travelling time in the United Kingdom in respect of the survey of a fishing vessel under the Fishing Vessels (Safety Provisions) Rules 1975(16), and an inspection under the Merchant Shipping (Crew Accommodation) (Fishing Vessels) Regulations 1975(17) shall be disregarded;

(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 £74.

(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.

Regulation 5

SCHEDULE

PART ISURVEYS, INSPECTIONS AND APPLICATIONS FOR EXEMPTION

1. In this Part of the Schedule "the statutory requirements" means any provision of the following:

(1) Primary Legislation

The principal Act, Parts III and V, the Act of 1948, the Act of 1949, the Act of 1967, the Act of 1970, and the Act of 1979, sections 20 and 21.

(2) Statutory Instruments

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 £45.50, 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 (Provision and Water) Regulations 1972, when the hourly rate shall be £30;

(b)the Fishing Vessels (Safety Provisions) Rules 1975 when the hourly rate shall be £37;

(c)the Merchant Shipping (Crew Accommodation) (Fishing Vessels) Regulations 1975 when the hourly rate shall be £37; and

(d)the Merchant Shipping (Radio Installations) Regulations 1980, the Merchant Shipping (Navigational Equipment) Regulations 1980, the Merchant Shipping (Radio Installations Surveys) Regulations 1981 and the Merchant Shipping (Radios) (Fishing Vessels) Rules 1984 when the hourly rate shall be £49.

3. Subject to paragraph 4 below, the services in this Part of this 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 otherwise than on the application of the owner to ensure compliance with the statutory requirements where a previous inspection (whether or not 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)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. 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.

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(18) and references to specific Regulations shall be construed accordingly;

"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:

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 £45.50 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 £45.50 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 (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 £45.50 subject to the maximum fee chargeable under sub-paragraph (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 £45.50 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 shall:

(i)when undertaken in the United Kingdom, not exceed £117 and

(ii)when undertaken outside the United Kingdom, not exceed £234.50.

(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 £45.50 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.

PART IVEXAMINATION 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 skipper or other officer of fishing vessel

section bFees for examinations for certificates of competency as master, deck officer or marine engineer officer

section cRemoval of Endorsements, and Dangerous Cargo Endorsement

section dMiscellaneous

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 1970(19), there shall be substituted the following:-

"SCHEDULE 3FEES

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 Book

1. 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 1976(20).

PART VICOPIES OF DOCUMENTS

Fees for Copies of, or Extracts from, Documents Admissible in Evidence

PART VIIWRECK

Fees of Receivers of Wreck

PART VIIISEAMEN'S DOCUMENTS

Fees for the Issue of British Seamen's Cards and Discharge Books

1. In this Part "the Regulations" means the Merchant Shipping (Seamen's Documents) Regulations 1972(21); 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.

PART IXENGAGEMENT AND DISCHARGE OF SEAMEN

Fees for the Engagement and Discharge of Seamen

1. In this Part "the Crew Agreements Regulations" means the Merchant Shipping (Crew Agreements, Lists of Crew and Discharge of Seamen) Regulations 1972(22) and the Merchant Shipping (Crew Arrangements, Lists of Crew and Discharge of Seamen) (Fishing Vessels) Regulations 1972(23).

PART XADDITIONAL CHARGES

Fees in Respect of Surveys, or Inspection of Ship's Provisions or Water, in or outside the United Kingdom for Waiting Time Attendance at Unusual Hours, Weekends and Public Holidays

When a surveyor or inspector is unable to start an inspection at the appointed hour, unless this is for reasons over which the applicant, his agent or supplier has no control or where (except for similar reasons) a survey or inspection is disrupted, an additional fee in accordance with the following Table shall be payable:

Provided that where the surveyor or inspector is able to avoid waiting time by carrying out other available survey or inspection work in the vicinity, for which the appropriate fees have been paid, such additional fees will not be payable.

Explanatory Note

(This note is not part of the Regulations)

These Regulations revoke and replace the Merchant Shipping (Fees) Regulations 1985 as amended. The Regulations prescribe an increase in fees of around 10% for surveys and inspections (Part I) and tonnage measurement (Part II) except fees for radio and navigational equipment surveys to which an increase of 18% is applied.

Fishing vessel radio survey fees and fishing vessel survey fees, for which there is no longer a separate part in these Regulations, have been restructured and are now made chargeable at an hourly rate instead of a fixed fee as before (Part I).

Fees for examinations have also been restructured (Parts III and IV of the Schedule). The Department of Transport now only conduct practical oral examinations and a limited number of written examinations. The Department of Transport continues to issue and endorse certificates. The fees in Parts III and IV have been increased by around 10%.

A two tier system of fees has been introduced in respect of seamen's documents taking into account the introduction of provision for postal applications (Part VIII).

Fees for other services (Parts VI, VII, IX and X) have been increased by amounts varying from 10% to 20%. Fees for registration (Part V) are unchanged.