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STATUTORY INSTRUMENTS
1991No. 784
MERCHANT SHIPPING
The Merchant Shipping (Fees) Regulations 1991
Made
18th March 1991
Laid before Parliament
25th March 1991
Coming into force
15th April 1991
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 1991 and shall come into force on 15th April 1991.
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) (Amendment) Regulations 1990[16]
.
3. Nothing in these Regulations shall apply to any work involved in
carrying out a service before these Regulations come into force.
4.—(1) 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 Vessels (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) travelling time 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 subject to a minimum
charge of £44 for each visit required for the survey;
(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) ny specific costs incurred in respect of computer or outside
services shall be charged additionally to the hourly rate.
(2) The cost of travelling and subsistence in respect of tonnage
measurement incurred in visiting a ship outside the United Kingdom shall
be chargeable additionally to the fee in paragraphs 3 and 4 of Part II
of the Schedule.
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 authority of the Secretary of State for Transport
Patrick McLoughlin
Parliamentary Under Secretary of State, Department of Transport
12th March 1991 We consent to and approve the making of these Regulations,
Thomas Sackville
Irvine Patnick
Two of the Lords Commissioners of Her Majesty's Treasury
