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Statutory Instrument 1988 No. 1485

The Merchant Shipping (Fees) Regulations 1988

(The document as of February, 2008)

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STATUTORY INSTRUMENTS

1988 No. 1485

MERCHANT SHIPPING

The Merchant Shipping (Fees) Regulations 1988

Made22nd August 1988
Laid before Parliament1st September 1988
Coming into force22nd September 1988

    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],
    and now vested in him[12] and of all other powers enabling him in that behalf, 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 1988 and shall come into force on 22nd September 1988.
        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[13]; 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 1987[14];
      the Merchant Shipping (Fees) (Amendment) (No. 2) Regulations 1987[15];
      the Merchant Shipping (Fees) (Amendment) (No. 3) Regulations 1987[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;
       (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[17] and an inspection under the Merchant Shipping (Crew Accommodation) (Fishing Vessels) Regulations 1975[18] 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 £90;
       (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 Re> gulations 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.



Paul Channon

Secretary of State for Transport

4th August 1988
We consent to and approve the making of these Regulations,

Michael Neubert

Tony Durant

Two of the Lords Commissioners of Her Majesty`s Treasury

22nd August 1988




Notes:

[1] 1948 c. 44.

[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.

[3] 1967 c. 27.

[4] 1967 c. 64.

[5] 1970 c. 27.

[6] 1970 c. 36.

[7] 1974 c. 43.

[8] 1979 c. 39.

[9] 1983 c. 13.

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

[11] S.I. 1987/470.

[12] See S.I. 1970/1537.

[13] 1894 c. 60.

[14] S.I. 1987/63.

[15] S.I. 1987/854.

[16] S.I. 1987/2113.

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

[18] S.I. 1975/2220.

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