Statutory Instrument 1995 No. 1893
The Merchant Shipping (Fees) Regulations 1995
(The document as of February, 2008)
-- Back --
STATUTORY INSTRUMENTS
1995 No. 1893
MERCHANT SHIPPING
The Merchant Shipping (Fees) Regulations 1995
| Laid before Parliament | 18th July 1995 |
| Coming into force | 1st August 1995 |
The Secretary of State for Transport, in exercise of the powers conferred by section 33(2) of the Merchant Shipping (Safety Convention) Act 1949[1] and now vested in him[2], and paragraph 79 of Schedule 4 to the Merchant Shipping (Registration, etc.) Act 1993[3], and of all other powers enabling him in that behalf, with the consent and approval of the Treasury, hereby makes the following Regulations:
1. These Regulations may be cited as the Merchant Shipping (Fees) Regulations 1995 and shall come into force on 1st August 1995.
2.—(1) In these Regulations—
"the Act of 1948" means the Merchant Shipping Act 1948[4];
"the Act of 1949" means the Merchant Shipping (Safety Convention) Act 1949;
"the Act of 1967" means the Merchant Shipping (Load Lines) Act 1967[5];
"the Act of 1970" means the Merchant Shipping Act 1970[6];
"the Act of 1974" means the Merchant Shipping Act 1974[7];
"the Act of 1979" means the Merchant Shipping Act 1979[8];
"the principal Act" means the Merchant Shipping Act 1894[9];
"Radio Rules" means the following: (i) the Merchant Shipping (Radio) (Fishing Vessels) Rules 1974[10];
(ii) regultaions 125A, 125B, 125C, 130 and 131 of the Fishing Vessels (Safety Provisions) Rules 1975[11];
(iii) the Merchant Shipping (Radio Installations) Regulations 1992[12];
(iv) the Merchant Shipping (Navigational Equipment) Regulations 1993[13]; and
(v) the Merchant Shipping (Survey and Certification) Regulations 1995[14], so far as those Regulations relate to radio installations on cargo ships;
"tons" means gross tons, and the 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) Regulations 1991[15];
The Merchant Shipping (Fees) (Amendment) Regulations 1991[16];
The Merchant Shipping (Fees) (Amendment) Regulations 1993[17];
The Merchant Shipping (Fees) (Amendment) (No. 2) Regulations 1993[18];
The Merchant Shipping (Fees) (Amendment) Regulations 1994[19].
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;
(b) travelling time includes the time taken to travel from the United Kingdom to a ship overseas and back to the United Kingdom, subject to a maximum of 10 hours in any 24 hour period;
(c) the cost of travelling and subsistence incurred in visiting a ship outside the United Kingdom shall be charged additionally to the hourly rate;
(d) 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;
(e) any specific costs incurred in respect of computer or outisde services shall be charged additionally to the hourly rate;
(f) in the case of fees payable to British Telecommunications plc for services in connection with the Radio Rules where the amount of work chargeable for is not an exact hour, the time shall be rounded up to the nearest quarter hour.
(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 to these Regulations.
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 except in the case of the issue of a certificate pursuant to the Radio Rules where the survey for the purpose of such a certificate was performed abroad by a locally appointed surveyor. In such a case the work involved in the issue of the certificate shall be charged for separately at the hourly rate of £50.
(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
Goschen
Parliamentary Under Secretary of State, Department of Transport
13th July 1995
We consent to and approve the making of these Regulations
Andrew Mackay
Derek Conway
Two of the Lords Commissioners of Her Majesty's Treasury
14th July 1995
Notes:[1] 1949 c. 43; section 33 was repealed by the Merchant Shipping (Registration, etc.) Act 1993 (c. 22), except that it remains in force for the sole purpose of enabling regulations to be made prescribing maximum fees for measurement of a ship's tonnage (see S.I. 1993/3137, Schedule 2, appendix).
[2] See S.I. 1990/1537.
[3] 1993 c. 22.
[4] 1948 c. 44.
[5] 1967 c. 27.
[6] 1970 c. 36.
[7] 1974 c. 43.
[8] 1979 c. 39.
[9] 1894 c. 60.
[10] S.I. 1974/1919,amended by S.I. 1982/1292 and S.I. 1994/1104.
[11] S.I. 1975/330; relevant amendment is 1991/1342.
[12] S.I. 1992/3, amended by S.I. 1995/1210.
[13] S.I. 1993/69.
[14] S.I. 1995/1210.
[15] S.I. 1991/784.
[16] S.I. 1991/1404.
[17] S.I. 1993/1340.
[18] S.I. 1993/1676.
[19] S.I. 1994/502.
-- Back --
