The Merchant Shipping (Fees) Regulations 2006

Citation and commencement

1.  These Regulations may be cited as the Merchant Shipping (Fees) Regulations 2006 and come into force on 11th September 2006.

Interpretation

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;

“local office” means—

which is specified in the “List of Local Offices for Fishing Vessel Registration” published by the Department for Transport;

“premium service”, 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;

“the Radio Regulations” means—

• the Merchant Shipping (Radio) (Fishing Vessels) Rules 1974(1),

• the Fishing Vessels (Safety Provisions) Rules 1975(2), so far as they relate to radio surveys,

• the Merchant Shipping (Survey and Certification) Regulations 1995(3), so far as they relate to radio installations in cargo ships;

• the Merchant Shipping (Radio Installations) Regulations 1998(4),

• the Merchant Shipping (Radio) (Fishing Vessels) Regulations 1999(5), and

• the Merchant Shipping (Passenger Ships on Domestic Voyages) Regulations 2000(6), so far as they relate to radio installations;

“vessel” has the same meaning as “ship” in the Act.

Fees payable to the Agency

3.  Subject to regulations 4 and 5, the fee payable in respect of a service or other function described in Schedule 1 to these Regulations is the fee—

(a)specified in that Schedule in relation to that service or function, or

(b)otherwise determined under that Schedule.

Calculation of fees: general

4.—(1) Save in a case to which paragraph (2) applies, where a fee is payable in respect of a survey or periodical inspection for the issue, renewal, amendment or endorsement of a certificate of any kind, no further fee is payable in respect of the issue, renewal, amendment or endorsement of that certificate.

(2) This paragraph applies to a survey for the issue, renewal, amendment or endorsement of a certificate which is performed abroad by a locally appointed surveyor, as regards which—

(a)if it is carried out for the issue of a certificate pursuant to the Radio Regulations, a fee is chargeable in respect of the work involved at the hourly rate of £36;

(b)if it is carried out for the issue, renewal, amendment or endorsement of a certificate pursuant to any other enactment, a fee is chargeable in respect of the work involved at the hourly rate of £94.

(3) Where a fee is determined by reference to the amount of work involved, whether on or off a ship—

(a)if the work on the service or function in respect of which the fee is payable is carried out in conjunction with a non-statutory survey the fee is to be determined by reference to the time taken to ensure compliance with the requirements in respect of which the fee is payable;

(b)in the case of a fee payable pursuant to the Radio Regulations, where the work is not timed at an exact number of hours, the time by reference to which the fee is determined is to be rounded up to the nearest quarter of an hour.

(4) Where a fee is payable in respect of the issue or endorsement of a certificate, the Agency is not required to issue the certificate or endorsement until that fee has been paid.

(5) In this regulation, “non-statutory survey” means a survey not required by or under the Act (and for which no fee is payable hereunder).

Payment for travel, subsistence and other expenses

5.—(1) Where a fee is determined by reference to the amount of work involved, whether on or off a ship, the fee may include an amount for the time spent travelling, save that—

(a)travelling time in excess of 4 hours for each visit to a ship in the United Kingdom is to be disregarded;

(b)where it is necessary for a surveyor or inspector to travel from the United Kingdom to a ship located abroad and back to the United Kingdom, travelling time in excess of 10 hours in any period of 24 hours is to be disregarded.

(2) The cost of travel and subsistence incurred in visiting a ship outside the United Kingdom is to be reimbursed to the Agency in addition to the fee payable under these Regulations.

(3) Expenses incurred in respect of any service provided to the Agency by a person not employed by the Agency is to be reimbursed to the Agency in addition to the fee payable under these Regulations.

Transitional provisions

6.—(1) Except in a case to which paragraph (2) applies, where an application for any of the following services, namely—

(a)an examination,

(b)the issue of a licence, certificate or any other document or copy document,

(c)the registration of a ship or a transfer or mortgage of a ship, or

(d)an exemption from any requirement of or under the Act,

is made before 11th September 2006 but the service is provided on or after that date the fee payable in respect of that application is the fee prescribed immediately before the coming into force of these Regulations.

(2) This paragraph applies where—

(a)an application for an inspection, survey, test or other function is made before 11th September 2006,

(b)the fee payable in respect of that function is to be calculated by reference to an hourly rate, and

(c)any work to conduct that inspection, survey, test or other function is carried out after 10th September.

(3) Where paragraph (2) applies the hourly rate prescribed under these Regulations applies for the purpose of calculating—

(a)the fee in respect of the survey, inspection, testing or other work carried out after 10th September, and

(b)any additional fee which becomes payable under Part 13 of Schedule 1 to these Regulations by reason of an event occurring after 10th September.

Revocation

7.  The Regulations specified in Schedule 2 are revoked.