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Statutory Instrument 1994 No. 502

The Merchant Shipping (Fees) (Amendment) Regulations 1994

(The document as of February, 2008)

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STATUTORY INSTRUMENTS

1994 No. 502

MERCHANT SHIPPING

The Merchant Shipping (Fees) (Amendment) Regulations 1994

Made1st March 1994
Laid before Parliament8th March 1994
Coming into force21st March 1994

    The Secretary of State, in exercise of the powers conferred by:—
      (i) section 33 of the Merchant Shipping (Safety Convention) Act 1949[1],
      (ii) section 26 of the Merchant Shipping (Load Lines) Act 1967[2],
      (iii) section 1(1)(d) of the Anchors and Chain Cables Act 1967[3],
      (iv) section 6 of the Fishing Vessels (Safety Provisions) Act 1970[4],
      (v) section 84 of the Merchant Shipping Act 1970[5],
      (vi) section 17 of, and Schedule 5 to, the Merchant Shipping Act 1974[6],
      (vii) section 21(1) and (3)(r) of the Merchant Shipping Act 1979[7],
      (viii) article 3(1)(a) of the Merchant Shipping (Prevention of Oil Pollution) Order 1983[8],
      (ix) article 3(2)(a) of the Merchant Shipping (Prevention and Control of Oil Pollution) Order 1987[9],
      (x) section 3(i) and 2(l) of the Merchant Shipping (Registration etc) Act 1993[10],
    and now vested in him[11] and of all other powers enabling him in that behalf after consulting the persons referred to in section 22(2) of the Act of 1979 and with the consent and approval of the Treasury hereby makes the following Regulations and Rules:

        1.    These Regulations and Rules may be cited as the Merchant Shipping (Fees) (Amendment) Regulations 1994 and shall come into force on 21st March 1994.
        2.    The Merchant Shipping (Fees) Regulations 1991[12] shall be amended as follows.
        3.    In regulation 4:—
       (a) in paragraph (1)(a) all words from "except" to the end shall be omitted; and
       (b) paragraph (1)(c) shall be omitted.
        4.    In the Schedule, Part I, paragraph 1:
       (a) in Part E:
         (i) in the entry for the Merchant Shipping (Fire Appliances) Regulations 1980[13] there shall be added in column 3 "1993/3162";
         (ii) in the entry for the Merchant Shipping (Fire Protection) Regulations 1984[14] there shall be added in column 3:
        "1992/2360"
        "1993/3163";
         (iii) in the entry for the Merchant Shipping (Fire Protection) (Ships built before 25th May 1980) Regulations 1985[15] there shall be added in column 3 "1993/3164";
         (iv) in the entry for the Merchant Shipping (Fire Protection) (Non-United Kingdom) (Non-SOLAS Ships) Rules 1986[16] there shall be added in column 3 "1993/3161";
         (v) in the entry for the Merchant Shipping (Musters and Training) Regulations 1986[17] there shall be added in column 3 "1993/3231";
         (vi) there shall be inserted at the end, in columns 1 and 2 respectively: "Merchant Shipping (Life-Saving Appliances for Passenger Ships of Classes III to VI(A)) Regulations 1992 1992/2359";
       (b) in Part G, in the entry for the Merchant Shipping (Load Lines) Rules 1968[18], in column 3, there shall be omitted "1191/2543" and added "1993/1994";
       (c) in Part I there shall be inserted at the end, in columns 1 and 2 respectively:
      "Merchant Shipping (Navigational Equipment) Regulations 1993" and "69";
       (d) in Part J—
         (i) in the entry for Merchant Shipping (Cargo Ship Construction and Survey) Regulations 1984[19] there shall be added in column 3 "1992/135";
         (ii) in the entry for Merchant Shipping (Passenger Ship Construction and Survey) Regulations 1984[20] there shall be added in column 3 "1992/2358";
         (iii) in the entry for the Merchant Shipping (Pilot Ladders and Hoists) Regulations 1987[21] there shall be added in column 3 "1993/3232";
         (iv) there shall be inserted at the end, in columns 1 and 2 respectively: (A) "Merchant Shipping (Emergency Information for Passengers) Regulations 1990" and "660"; and
        "Merchant Shipping (Vessels in Commercial Use for Sport and Pleasure) Regulations 1993" and "1072".
        5.    In the Schedule, Part I, paragraph 2(1):
       (a) for "£37" there shall be substituted "£45"; and
       (b) the words ", except in the case of any service in connection with:" and sub-paragraphs (a), (b) and (c) shall be omitted.
        6.    In the Schedule, Part I, paragraph 6, for "£37" there shall be substituted "£45".
        7.    In the Schedule, Part IV, in section D there shall be added at the end the following entry:—
            "12.    For examination by an approved medical practitioner on application for a medical fitness certificate under the Merchant Shipping (Medical Examination) Regulations 1983[22]£48.75.".
        8.    In the Schedule, for Part V there shall be substituted the following:

      "PART V

      REGISTRATION ETC OF SHIPS AND SUBMERSIBLE CRAFT

        Fees for Registration, Transfer and Mortgage of Ships (excluding Fishing Vessels) and Inspection of the Register
            1.    In this Part:
          "ship" includes a bareboat charter ship but does not include a fishing vessel within the meaning of paragraph 2 of Schedule 4 to the Merchant Shipping (Registration, etc) Act 1993;

          "submersible craft" means a submersible craft as defined in the Merchant Shipping (Registration of Submersible Craft) Regulations 1976[23] .


        Service
            2.    —
        £
          (1)  Registration of a ship (including registration of a ship whose registry has expired)
        115
          (2)  Registration of transfer of ownership of a registered ship
        69
          (3)  Registration of transfer of share or shares in a registered ship
          (a) one transfer
        69
          (b) where more than one transfer in relation to a ship is lodged at the same time
          two transfers
        84
          three transfers
        100
          four transfers or more
        115
          (4)  Renewal of registration under regulation 42 of the Merchant Shipping (Registration of Ships) Regulations 1993[24]
        46
          (5)  Registration of mortgages
          (a) one mortgage
        92
          (b) where more than one mortgage in relation to the same loan over the same ship is lodged at the same time
          two mortgages
        173
          three mortgages
        242
          four mortgages
        299
          five or more mortgages
        345
          (6)  Registration of notice of intended mortgage
        23
          (7)  Issue of duplicate certificate
        12
          (8)  Issue of transcripts of entries in the Register relating to any one ship:
          (a) for current entries
        12
          (b) for other entries
        23
          (9)  Personal inspection of the Register
        10
          (10)  Registration of change of name of a ship
        30
          (11)  Registration of change of port of choice
        30
          (12)  Registration of change of measurement, tonnage or engine particulars recorded in the Register
        30
          (13)  Transfer to a port in a British possession
        30
          (14)  Transfer from a port in a British possession
        100
          (15)  Application to the Registrar for provisional registration of a ship
        100
          (16)  Registration of a ship following provisional registration
        50
          (17)  Issue of a certificate of registry for a small ship on Part III of the Register, including an amended certificate or a duplicate copy of a certificate
        10
          (18)  Issue of a transcript of entries in Part III of the Register relating to any one ship:
          (a) for current entries
        5
          (b) for other entries
        10
          (19)  Personal inspection of Part III of the Register
        10
          (20)  On application to register a submersible craft
        32

        9.    In the Schedule in Part VI:
       (a) there shall be substituted the following for the heading beginning "Fees for Registration":
          "Fees for Registration and Transfer of Fishing Vessels, including fishing vessels which are bareboat charter ships to be registered on Part IV of the Register, Registration of Mortgages thereon and other Related Matters and for Inspection of the Register";
       (b) in paragraph 2.3 the words "Subject to maximum of relevant registration fee" shall be omitted;
       (c) in paragraph 2.4 there shall be substituted "regulation 42 of the Merchant Shipping (Registration of Ships) Regulations 1993" for "regulation 30 of the Merchant Shipping (Registration of Fishing Vessels) Regulations 1988";
       (d) in the sentence after paragraph 2.13, "11, 12 or 13" shall be substituted for "10, 11 or 12";
       (e) there shall be inserted at the end:
              "14.    Application to the Registrar for provisional registration of a vessel
        100 N/A
        Registration of a vessel following provisional registration65 N/A
        10.    In the Schedule, Part XI, in the Table:
       (i) columns 1 and 2 (headed "Inspection of ship's provisions" and "Fishing vessels (any survey or inspection)" shall be omittted;
       (ii) the column headed "Radio surveys" shall become column 1 and for the existing entries there shall be substituted "No fee, £48, £96, £48, £24 and £48" respectively; and
       (iii) the column headed "Other surveys inspections and tests" shall become column 2 and for the existing entries there shall be substituted "No fee, £45, £90, £45, £22.50 and £45" respectively.


Signed by authority of the Secretary of State for Transport

Mackay of Ardbrecknish

Parliamentary Under Secretary, Department of Transport

25th February 1994
We consent to and approve the making of these Regulations.

Irvine Patnick

Tim Wood

Two of the Lords Commissioners of Her Majesty's Treasury

1st March 1994






EXPLANATORY NOTE

(This note is not part of the Regulations)
    These Regulations further amend the Merchant Shipping (Fees) Regulations 1991. The amendments—
      (a) increase the basic hourly rate from £37 to £45, an increase of 21.6%;
      (b) provide for charges in connection with registration of ships following the changes to the system of registration introduced by the Merchant Shipping (Registration, etc.) Act 1993;
      (c) introduce a fee of £48.75 for examination for medical fitness certificates;
      (d) increase by about 9% certain additional fees in respect of radio surveys;
      (e) make minor corrections and updating.
      (f) bring the charges for fishing vessel surveys in line with those surveys charged at the basic hourly rate.



ISBN 0 11 043502 8




Notes:

[1] 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.

[2] 1967 c. 27.

[3] 1967 c. 64.

[4] 1970 c. 27.

[5] 1970 c. 36.

[6] 1974 c. 43.

[7] 1979 c. 39.

[8] S.I. 1983/1106; relevant amendment is S.I. 1990/2595.

[9] S.I. 1987/470.

[10] 1993 c. 22.

[11] See S.I. 1970/1537.

[12] S.I. 1991/784, amended by S.I. 1991/1404, S.I. 1993/1340 and S.I. 1993/1676.

[13] S.I. 1980/544.

[14] S.I. 1984/1218.

[15] S.I. 1985/1218.

[16] S.I. 1986/1248.

[17] S.I. 1986/1071.

[18] S.I. 1968/1053.

[19] S.I. 1984/1217.

[20] S.I. 1984/1216.

[21] S.I. 1987/1961.

[22] S.I. 1983/808, to which there is an amendment not relevant to the second regulation.

[23] 1976/940; relevant amending instrument is S.I. 1987/306.

[24] S.I. 1993/3138.

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