Statutory Instrument 1989 No. 323

The Merchant Shipping (Fees) Regulations 1989

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© Crown Copyright 1989

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1989 No. 323

MERCHANT SHIPPING

The Merchant Shipping (Fees) Regulations 1989

The Secretary of State, in exercise of the powers conferred by:-
(i) section 5(3) of the Merchant Shipping Act 1948^[1],

(ii) section 33 of the Merchant Shipping (Safety Convention) Act 1949^[2],

(iii) section 26 of the Merchant Shipping (Load Lines) Act 1967^[3],

(iv) section 1(1)(d) of the Anchors and Chain Cables Act 1967^[4],

(v) section 6 of the Fishing Vessels (Safety Provisions) Act 1970^[5],

(vi) section 84 of the Merchant Shipping Act 1970^[6],

(vii) section 17 of and Schedule 5 to the Merchant Shipping Act 1974^[7],

(viii) section 21(1) and (3)(r) of the Merchant Shipping Act 1979^[8],

(ix) section 5(1) and (8) of, and paragraph 2(j) of the Schedule, to the Merchant Shipping Act 1983^[9],

(x) article 3(1)(a) of the Merchant Shipping (Prevention of Oil Pollution) Order 1983^[10],

(xi) article 3(2)(a) of the Merchant Shipping (Prevention and Control of Oil Pollution) Order 1987^[11],

(xii) section 13(1) and (7) of, and paragraph 2(i) of Schedule 2 to, the Merchant Shipping Act 1988^[12],and now vested in him and all other powers enabling him in that behalf^[13], after consulting with the persons referred to in section 22(2) of the Act of 1979 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 1989 and shall come into force on 1st April 1989.

    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 1974" means the Merchant Shipping Act 1974;
"the Act of 1979" means the Merchant Shipping Act 1979;
"the principal Act" means the Merchant Shipping Act 1894^[14]; and

"tons" means gross tons and the gross tonnage of a ship having alternative gross tonnages shall be taken to be the larger of those tonnages.

    (2)  Subject to regulation 3 below the following Regulations are hereby revoked:-the Merchant Shipping (Fees) Regulations 1988^[15]; the Merchant Shipping (Fees) (Amendment) Regulations 1988^[16].

    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 except for the initial survey or inspection of a fishing vessel under the Fishing Vessel (Safety Provisions) Rules 1975^[17] or the Merchant Shipping (Crew Accommodation) (Fishing Vessels) Regulations 1975^[18];
 (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) notwithstanding regulation 4(a) above, travelling time in the United Kingdom in respect of the survey of a fishing vessel for the renewal of a United Kingdom fishing vessel certificate under the Fishing Vessels (Safety Provisions) Rules 1975 shall be charged for at a flat rate of £45 for each of up to and including three visits required for the survey or inspection, and for any visit after the third visit required for the survey at a rate of £90 for each such visit or, if more than two hours travelling time are involved in any such visit, at a rate of £45 per hour, up to a maximum of £180 for each such visit;
 (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) time spent by a surveyor in the office in respect of the survey of a fishing vessel for a United Kingdom fishing vessel certificate under the Fishing Vessels (Safety Provisions) Rules 1975 or of an inspection under the Merchant Shipping (Crew Accommodation) (Fishing Vessels) Regulations 1975 shall be charged for at a rate of £45 per hour, except that in the case of a survey of a fishing vessel for the renewal of such a certificate the charge shall be at a flat rate of £180.
 (f) 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;
 (g) 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. Signed by the authority of the Secretary of State

Michael Portillo

Minister of State, Department of TransportWe consent to and approve the making of these Regulations,

1st March 1989

Stephen Dorrell

David Lightbown

Two of the Lords Commissioners of Her Majesty's Treasury.

1st March 1989.

[1] 1948 c. 44. back

[2] 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. back

[3] 1967 c. 27. back

[4] 1967 c. 64. back

[5] 1970 c. 27. back

[6] 1970 c. 36. back

[7] 1974 c. 43. back

[8] 1979 c. 39. back

[9] 1983 c. 13. back

[10] S.I. 1983/1106, to which there is an amendment not relevant to these Regulations. back

[11] S.I. 1987/470. back

[12] 1988 c. 12. back

[13] See S.I. 1970/1537. back

[14] 1894 c. 60. back

[15] S.I. 1988/1485. back

[16] S.I. 1988/1929. back

[17] S.I. 1975/330, amended by S.I. 1976/432, 1977/313, 1978/1598. back

[18] S.I. 1975/2220. back

Explanatory Note