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1. In this Part, “the statutory requirements” means requirements imposed by or under—
(a)the Act, and
(b)the statutory instruments listed in the Table below.
(1) Title of instrument | (2) S.I. number | (3) Amending instruments |
---|---|---|
A. CREW | ||
Merchant Shipping (Certificate of Competency as A.B.) Regulations 1970 | 1970/294 | |
Merchant Shipping (Certification of Ships' Cooks) Regulations 1981 | 1981/1076 | None |
Merchant Shipping (Guarding of Machinery and Safety of Electrical Equipment) Regulations 1988 | 1988/1636 | 1988/2274 |
Merchant Shipping (Means of Access) Regulations 1988 | 1988/1637 | |
Merchant Shipping (Entry into Dangerous Spaces) Regulations 1988 | 1988/1638 | |
Merchant Shipping (Hatches and Lifting Plant) Regulations 1988 | 1988/1639 | |
Merchant Shipping (Safe Movement on Board Ship) Regulations 1988 | 1988/1641 | |
Merchant Shipping (Provisions and Water) Regulations 1989 | 1989/102 | 1998/2771 |
Merchant Shipping and Fishing Vessels (Medical Stores) Regulations 1995 | 1995/1802 | 1996/2821 |
Merchant Shipping (Ships' Doctors) Regulations 1995 | 1995/1803 | 2002/3135 |
Merchant Shipping (Minimum Standards of Safety Communications) Regulations 1997 | 1997/529 | |
Merchant Shipping and Fishing Vessels (Health and Safety at Work) Regulations 1997 | 1997/2962 | 1998/2411 |
Merchant Shipping (Compulsory Insurance: Ships Receiving Trans-shipped Fish) Regulations 1998 | 1998/209 | None |
Merchant Shipping (Code of Safe Working Practices for Merchant Seamen) Regulations 1998 | 1998/1838 | None |
Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Employment of Young Persons) Regulations 1998 | 1998/2411 | |
Merchant Shipping and Fishing Vessels (Personal Protective Equipment) Regulations 1999 | 1999/2205 | None |
Merchant Shipping (Medical Examination) Regulations 2002 | 2002/2055 | |
Merchant Shipping (Vessel Traffic Monitoring and Reporting Requirements) Regulations 2004 | 2004/2110 | 2005/1092 |
B. CREW ACCOMMODATION | ||
Merchant Shipping (Crew Accommodation) (Fishing Vessels) Regulations 1975 | 1975/2220 | |
Merchant Shipping (Crew Accommodation) Regulations 1997 | 1997/1508 | 2005/2114 |
C. DANGEROUS GOODS | ||
Merchant Shipping (Gas Carriers) Regulations 1994 | 1994/2464 | 2004/929 |
Merchant Shipping (Reporting Requirements for Ships Carrying Dangerous or Polluting Goods) Regulations 1995 | 1995/2498 | |
Merchant Shipping (Dangerous Goods and Marine Pollutants) Regulations 1997 | 1997/2367 | 2004/2110 |
Merchant Shipping (Carriage of Irradiated Nuclear Fuel etc) (INF Code) Regulations 2000 | 2000/3216 | None |
D. DIVING AND SUBMERSIBLES | ||
Merchant Shipping (Submersible Craft Construction and Survey) Regulations 1981 | 1981/1098 | 1987/306 |
Merchant Shipping (Submersible Craft Operations) Regulations 1987 | 1987/311 | 1987/1603 |
E. FIRE AND LIFE-SAVING | ||
Fishing Vessels (Life-Saving Appliances) Regulations 1988 | 1988/38 | |
Merchant Shipping (Fire Protection: Small Ships) Regulations 1998 | 1998/1011 | |
Merchant Shipping (Fire Protection: Large Ships) Regulations 1998 | 1998/1012 | |
Merchant Shipping (Life-Saving Appliances for Passenger Ships other than Classes III to VI(A)) Regulations 1999 | 1999/2721 | |
Merchant Shipping (Musters, Training Decision and Support Systems) Regulations 1999 | 1999/2722 | |
Merchant Shipping (Life-Saving Appliances for Passenger Ships of Classes III to VI(A)) Regulations 1999 | 1999/2723 | |
Merchant Shipping (Fire Protection) Regulations 2003 | 2003/2950 | 2005/2114 |
F. FISHING VESSEL SAFETY | ||
Fishing Vessels (Safety Provisions) Rules 1975 | 1975/330 | |
Merchant Shipping (Official Log Books) (Fishing Vessels) Regulations 1981 | 1981/570 | 2002/1473 |
Fishing Vessels (Safety Training) Regulations 1989 | 1989/126 | 2004/2169 |
Merchant Shipping and Fishing Vessels (Manual Handling Operations) Regulations 1998 | 1998/2857 | 1999/2205 |
Fishing Vessels (EC Directive on Harmonised Safety Regime) Regulations 1999 | 1999/2998 | |
Fishing Vessels (Code of Practice for the Safety of Small Fishing Vessels) Regulations 2001 | 2001/9 | 2002/2201 |
Fishing Vessels (Safety of 15-24 Metre Vessels) Regulations 2002 | 2002/2201 | None |
Fishing Boats (Satellite-Tracking Devices) (England) Scheme 2004 | 2004/2467 | None |
G. LOAD LINES | ||
Merchant Shipping (Load Line) Regulations 1998 | 1998/2241 | 2000/1335 |
Merchant Shipping (Carriage of Cargoes) Regulations 1999 | 1999/336 | None |
H. RADIO AND NAVIGATIONAL EQUIPMENT | ||
Merchant Shipping (Radio) (Fishing Vessels) Rules 1974 | 1974/1919 | |
Merchant Shipping (Distress Signals and Prevention of Collisions) Regulations 1996 | 1996/75 | 2004/302 |
Merchant Shipping (Radio Installations) Regulations 1998 | 1998/2070 | |
Merchant Shipping (Radio) (Fishing Vessels) Regulations 1999 | 1999/3210 | 2002/2201 |
Merchant Shipping (EPIRB Registration) Regulations 2000 | 2000/1850 | None |
Merchant Shipping (Safety of Navigation) Regulations 2002 | 2002/1473 | |
I. CONSTRUCTION AND EQUIPMENT | ||
Merchant Shipping (Weighing of Goods Vehicles and Other Cargo) Regulations 1988 | 1988/1275 | 1989/270 |
Merchant Shipping (Weighing of Goods Vehicles and Other Cargo) (Application to Non-UK Ships) Regulations 1989 | 1989/568 | None |
Merchant Shipping (Emergency Equipment Lockers for Ro/Ro Passenger Ships) Regulations 1988 | 1988/2272 | 1994/774 |
Merchant Shipping (Emergency Information for Passengers) Regulations 1990 | 1990/660 | 1994/774 |
Merchant Shipping (Cargo Ship Construction) Regulations 1997 | 1997/1509 | |
Merchant Shipping (Small Workboats and Pilot Boats) Regulations 1998 | 1998/1609 | None |
Merchant Shipping (Passenger Ship Construction: Ships of Classes I, II and II(A)) Regulations 1998 | 1998/2514 | |
Merchant Shipping (Passenger Ship Construction: Ships of Classes III to VI(A)) Regulations 1998 | 1998/2515 | |
Merchant Shipping (Vessels in Commercial Use for Sport or Pleasure) Regulations 1998 | 1998/2771 | |
Merchant Shipping (Marine Equipment) Regulations 1999 | 1999/1957 | |
Merchant Shipping (Passenger Ships on Domestic Voyages) Regulations 2000 | 2000/2687 | |
Merchant Shipping and Fishing Vessels (Safety Signs and Signals) Regulations 2001 | 2001/3444 | None |
Merchant Shipping (High Speed Craft) Regulations 2004 | 2004/302 | |
Merchant Shipping (Ro-Ro Passenger Ships) (Stability) Regulations 2004 | 2004/2884 | None |
Merchant Shipping (Bridge Visibility) (Small Passenger Ships) Regulations 2005 | 2005/2286 | None |
J. PREVENTION AND CONTROL OF POLLUTION | ||
Merchant Shipping (Prevention of Oil Pollution) Order 1983 | 1983/1106 | |
Merchant Shipping (Prevention and Control of Pollution) Order 1987 | 1987/470 | |
Merchant Shipping (Prevention of Pollution by Garbage) Order 1988 | 1988/2252 | |
Merchant Shipping (Prevention and Control of Pollution) Order 1990 | 1990/2595 | 1997/2569 |
Merchant Shipping (Reporting Requirements for Ships Carrying Dangerous or Polluting Goods) Regulations 1995 | 1995/2498 | |
Merchant Shipping (Prevention of Pollution) (Law of the Sea Convention) Order 1996 | 1996/282 | None |
Merchant Shipping (Prevention of Oil Pollution) Regulations 1996 | 1996/2154 | |
Merchant Shipping (Dangerous or Noxious Liquid Substances in Bulk) Regulations 1996 | 1996/3010 | |
Merchant Shipping (Oil Pollution Preparedness, Response and Co-operation Convention) Regulations 1998 | 1998/1056 | 2001/1639 |
Merchant Shipping (Control of Pollution) (SOLAS) Order 1998 | 1998/1500 | None |
K. MANNING AND CERTIFICATION | ||
Fishing Vessels (Certification of Deck Officers and Engineer Officers) Regulations 1984 | 1984/1115 | |
Merchant Shipping (Training and Certification) Regulations 1997 | 1997/348 | |
Merchant Shipping (Safe Manning, Hours of Work and Watchkeeping) Regulations 1997 | 1997/1320 | |
Merchant Shipping (Hours of Work) Regulations 2002 | 2002/2125 | |
Merchant Shipping (Working Time: Inland Waterways) Regulations 2003 | 2003/3049 | None |
Fishing Vessels (Working Time: Sea Fishermen) Regulations 2004 | 2004/1713 | None |
L. SURVEY AND CERTIFICATION | ||
Merchant Shipping (Survey and Certification) Regulations 1995 | 1995/1210 | |
Merchant Shipping (Ship Inspection and Survey Organisations) Regulations 1996 | 1996/2908 | 2004/1266 |
Merchant Shipping (Mandatory Surveys for Ro-Ro Ferry and High Speed Passenger Craft) Regulations 2001 | 2001/152 | 2004/1266 |
M. TONNAGE MEASUREMENT | ||
Merchant Shipping (Registration of Ships) Regulations 1993 | 1993/3138 | |
Merchant Shipping (Tonnage) Regulations 1997 | 1997/1510 | |
N. SAFETY MANAGEMENT | ||
Merchant Shipping (ISM Code) (Ro-Ro Passenger Ferries) Regulations 1997 | 1997/3022 | 2001/3209 |
Merchant Shipping (International Safety Management (ISM) Code) Regulations 1998 | 1998/1561 | |
Merchant Shipping (Domestic Passenger Ships) (Safety Management Code) Regulations 2001 | 2001/3209 | 2004/302 |
O. STRATEGIC SHIPS | ||
Merchant Shipping (Officer Nationality) Regulations 1995 | 1995/1427 | None |
P.PORT WASTE RECEPTION FACILITIES | ||
Merchant Shipping (Port Waste Reception Facilities) Regulations 2003 | 2003/1809 | None |
Ship and Port Facility (Security) Regulations 2004 | 2004/1495 | 2005/1434 |
2. Subject to paragraph 3, the services and other functions to which this Part applies are—
(a)a survey or inspection of a ship or its equipment or an audit of its management systems, on the application of the owner for the issue, amendment, endorsement or renewal of a certificate for the purpose of showing compliance with any of the statutory requirements;
(b)any other inspection of a ship or its equipment under section 258(1) of the Act(1) (powers to inspect ships and their equipment, etc) on the application of the owner, for the purpose of seeing that the ship complies with any of the statutory requirements;
(c)an inspection under section 258(1) of the Act, otherwise than on the application of the owner, for the purpose of seeing whether or not the statutory requirements have been complied with;
(d)an inspection, survey or audit of the ship, its equipment or management, whether on the application of the owner or otherwise, where—
(i)the ship or any of its equipment subject to the statutory requirements has been damaged, changed or modified,
(ii)a previous inspection has revealed a failure to comply with any of those requirements, or
(iii)the inspection, survey or audit is carried out in respect of a United Kingdom ship following the detention of that ship in another country;
for the purpose of seeing that the statutory requirements have subsequently been complied with;
(e)the consideration of an application for an exemption or approval or an amendment of an exemption or approval pursuant to any of the statutory requirements;
(f)the appointment (including consideration of the suitability of an appointment) of a surveyor not employed by the Agency to undertake a survey, inspection or audit outside the United Kingdom in accordance with the statutory requirements and the subsequent consideration of the results thereof and the issue, renewal or endorsement of a certificate;
(g)an inspection pursuant to the statutory requirements which results in the detention of a ship to which Part I of the Merchant Shipping (Port State Control) Regulations 1995(2) applies, and any subsequent inspection relating to the deficiencies which led to the detention;
(h)a survey or inspection pursuant to the statutory requirements which results in the issue of a prevention of operation notice in accordance with regulation 9 of the Merchant Shipping (Mandatory Surveys for Ro-Ro Ferry and High Speed Passenger Craft) Regulations 2001 and any subsequent survey or inspection relating to the deficiencies which led to the issue of that notice;
(i)the issue or re-issue of a certificate pursuant to the statutory requirements, or the issue of a letter of acceptance in lieu of a statutory certificate.
3. Where a fee is specifically prescribed under another Part of this Schedule in respect of a survey, inspection or audit or the issue, amendment, renewal or endorsement of a certificate in connection with any of the statutory requirements, the fee so prescribed applies and not the fee prescribed under this Part.
4.—(1) This paragraph applies in relation to any service or function mentioned in paragraph 2(a), (b), (d), (e) or (f) which is provided in pursuance of an application made with a view to showing compliance with, or seeking exemption from, any requirement imposed by or under any of the statutory instruments listed in paragraph 1.
(2) Where this paragraph applies—
(a)in the case of an application relating to a requirement under the Radio Regulations, the applicant shall if requested by, or arranged in advance with, the Secretary of State, and
(b)in the case of any other application, the applicant shall,
before commencement of the work pay a deposit on account of the fee, the amount of the deposit to be calculated by reference to an estimate by the appropriate authority of the duration of the work likely to be required and the hourly rate prescribed in respect of that service or function.
(3) If during the course of the work the appropriate authority estimates that the duration of the work likely to be required is greater than the amount deposited under sub-paragraph (2), it may recalculate the deposit and the applicant must pay any excess.
(4) If the duration of the work actually required in consequence of the application is greater or less than its estimated or re-estimated duration, the fee is to be recalculated by reference to the actual duration and the difference is to be paid by, or as the case may be, refunded to, the applicant.
(5) In this paragraph “appropriate authority” means the Agency or other appropriate certifying authority provided for in relation to the relevant statutory requirements.
5. Save as provided in paragraph 6 (and subject to any additional fee which may be payable under Part 13 of this Schedule), the fee for a service or function to which this Part applies performed by a person employed by the Agency is to be determined by reference to the time spent in doing the necessary work and calculated at the hourly rate of £94.
6.—(1) A fee for a radio survey under the Radio Regulations is to be calculated as provided in sub-paragraph (2).
(2) To the extent that the fee is payable in respect of—
(a)time occupied in travelling to the place of survey, conducting the survey and completing the survey report, it is to be charged at an hourly rate of £36;
(b)all other work (including administration) done in connection with the survey, the amount chargeable is £75.
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