LegalizeThe Merchant Shipping (Fees) (Amendment) (No. 2) Regulations 1993
Made: 30th June 1993
Laid before Parliament: 7th July 1993
Coming into force: 28th July 1993
The Secretary of State, in exercise of the powers conferred by:— section 33 of the Merchant Shipping (Safety Convention) Act 1949[^f00001], section 26 of the Merchant Shipping (Load Lines) Act 1967[^f00002], section 1(1)(d) of the Anchors and Chain Cables Act 1967[^f00003], section 6 of the Fishing Vessels (Safety Provisions) Act 1970[^f00004], section 84 of the Merchant Shipping Act 1970[^f00005], section 17 of and Schedule 5 to the Merchant Shipping Act 1974[^f00006], section 21(1) and (3)(r) of the Merchant Shipping Act 1979[^f00007], article 3(1)(a) of the Merchant Shipping (Prevention of Oil Pollution) Order 1983[^f00008], article 3(2)(a) of the Merchant Shipping (Prevention and Control of Oil Pollution) Order 1987[^f00009], section 13(1) and (7) of, and paragraph 2(i) of Schedule 2 to, the Merchant Shipping Act 1988[^f00010], and now vested in him[^f00011] and 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 (except in respect of the powers conferred by the Act of 1974) hereby makes the following Regulations:
section 33 of the Merchant Shipping (Safety Convention) Act 1949[^f00001],
section 26 of the Merchant Shipping (Load Lines) Act 1967[^f00002],
section 1(1)(d) of the Anchors and Chain Cables Act 1967[^f00003],
section 6 of the Fishing Vessels (Safety Provisions) Act 1970[^f00004],
section 84 of the Merchant Shipping Act 1970[^f00005],
section 17 of and Schedule 5 to the Merchant Shipping Act 1974[^f00006],
section 21(1) and (3)(r) of the Merchant Shipping Act 1979[^f00007],
article 3 (1)(a) of the Merchant Shipping (Prevention of Oil Pollution) Order 1983[^f00008],
article 3 (2)(a) of the Merchant Shipping (Prevention and Control of Oil Pollution) Order 1987[^f00009],
section 13(1) and (7) of, and paragraph 2(i) of Schedule 2 to, the Merchant Shipping Act 1988[^f00010],
1
These Regulations may be cited as the Merchant Shipping (Fees) (Amendment) (No.2) Regulations 1993 and shall come into force on 28th July 1993.
2
The Merchant Shipping (Fees) Regulations 1991[^f00012] shall be amended as follows.
3
In regulation 2(1) for the definition of “Radio Rules” there shall be substituted the following:
- “Radio Rules” means the Merchant Shipping (Radio) (Fishing Vessels) Rules 1974[^f00013], the Merchant Shipping (Radio and Radio Navigational Equipment Survey) Regulations 1991[^f00014], the Merchant Shipping (Radio Installations) Regulations 1992[^f00015] and the Merchant Shipping (Navigational Equipment) Regulations 1993[^f00016].
4
In regulation 4(1)(b) “and vice versa” shall be inserted after “overseas”.
5
In regulation 5(2) for “£44” there shall be substituted “£48”.
6
In the Schedule Part I, paragraph 1(2):
- (a) in Part C, the entry for the Merchant Shipping (Dangerous Goods) Regulations 1981[^f00017] shall be deleted;
- (b) in Part E, in the entries for the Merchant Shipping (Life Saving Appliances) Regulations 1980[^f00018] and Merchant Shipping (Life Saving Appliances) Regulations 1986[^f00019] there shall be added in each case in column 3 (amended by SI): “1991/1300”;
- (c) in Part F in the entry for the Fishing Vessels (Safety Provisions) Rules 1975[^f00020] there shall be added in column 3: “1991/1342”;
- (d) in Part G, in the entry for the Merchant Shipping (Load Lines) Rules 1968[^f00021], in column 3, “1980/641” shall be omitted, and the following inserted “1990/2128 1991/2543”;
- (e) in Part I, the entries for the Merchant Shipping (Radio Installations) Regulations 1980[^f00022], and for the Merchant Shipping (Radio Installations Survey) Regulations 1981[^f00023] shall be omitted and the following inserted at the end, in columns 1 (Title) and 2 (S.I.Number):
| Merchant Shipping (Radio and Radio-Navigational Equipment Survey) Regulations 1991 | 1341 |
|---|---|
| Merchant Shipping (Radio Installations) Regulations 1992 | 3 |
- (f) in Part J, the entries for the Merchant Shipping (Passenger Boarding Cards) Regulations 1988[^f00024] and the Merchant Shipping (Weighing of Goods Vehicles and other Cargo) Regulations 1988[^f00025] shall be omitted;
- (g) in Part L, there shall be inserted at the end, in columns 1 and 2;
| Merchant Shipping (Safe Manning Document) Regulations 1992 | 1564 |
|---|---|
7
In the Schedule, in Part I, paragraph 2:
- (a) in sub-paragraph (1), insert after “Subject” the words “to sub-paragraph (2) below and”;
- (b) in sub-paragraph (2)(a)(i) for “£44” substitute “£48”;
- (c) in sub-paragraph (2)(a)(ii) for “£72” and “£88” substitute “£79” and “£96” respectively; and
- (d) sub-paragraph (b) shall be omitted.
8
In the Schedule, in Part II:
- (a) in paragraph 3 for the entries in the column headed “Fee” in the table the following entries shall be substituted:
- £460
- £720
- £910
- £1040
- £1170
- £1570
- £1845
- £2070
- £2240
- £2370
- £2370 plus £305 for each 1,000 tons or part thereof by which the vessel exceeds 3,000 tons £6030 plus £200 for each 1,000 tons or part thereof by which the vessel exceeds 15,000 tons £8030 plus £160 for each 1,000 tons or part thereof by which the vessel exceeds 25,000 tons
- £13,630
- (b) in paragraph 4(1)(a) for “70%” there shall be substituted “90%”;
- (c) for the figure of “£45” in paragraph 4(1)(b), 4(2)(b), 4(3)(b), 4(4)(b) and 4(7) there shall in each case be substituted “£49”; and
- (d) for paragraph 4(5) there shall be substituted the following:
(a) Subject to sub-paragraph (b) below the fees to be charged for the tonnage measurement of a pleasure yacht under 13.7 metres (45 feet) in overall length in accordance with Schedule 5, Part IV and Appendix 5 of the Regulations shall not exceed £152.50. (b) Notwithstanding sub-paragraph (a) above, in addition to the fee for such ships (whether or not restricted by the figure of £152.50) there shall be charged also the costs of travelling and subsistence incurred on any visit to the ship on which travelling time of over four hours each way is involved in visiting a ship.
9
In the Schedule, in Part IV, in section D:—
- (a) in paragraph 4, there shall be substituted “certificate of proficiency” for “certificate or proficiency”;
- (b) in paragraph 7, for “£17” there shall be substituted “£18.50”;
- (c) in paragraph 9 for “Licence for” there shall be substituted “Licence of Service as”.
10
In the Schedule Part V:
- (a) there shall be substituted the following for paragraph 2(1):
First registry, registry anew or re-registry of a ship, or the transfer of registry of a ship from one port to another, or the transfer of registry of a ship to or from a port in a relevant overseas territory, where the ship;
| does not exceed 1,500 tons | £280 |
|---|---|
| exceeds 1,500 tons | £375 |
- (b) in paragraph 2(2) for “£80” there shall be substituted “£85” and for “£140” there shall be substituted “£150”.
11
In the Schedule in Part VI, there shall be substituted the following for paragraph 2:
| 2.Service | Fees £ | Additional Fees for Counter Service £ |
|---|---|---|
| 1 Registration of a vessel (including registration of a vessel whose registry has expired): a with full registration | 138 | 160 |
| b with simple registration | 104 | 160 |
| 2 Registration of transfer of ownership of a registered vessel a with full registration | 69 | 100 |
| b with simple registration | 52 | 100 |
| 3 Registration of transfer of share or shares in a registered vessel a one transfer i with full registration | 69 | 100 |
| ii with simple registration | 52 | 100 |
| b where more than one transfer in relation to a ship is lodged at the same occasion two transfers i with full registration | 84 | 110 |
| ii with simple registration | 62 | 110 |
| three transfers with full registration | 100 | 120 |
| ii with simple registration | 70 | 120 |
| four transfers with full registration | 120 | 130 |
| ii with simple registration | 88 | 130 |
| five or more transfers with full registration | 138 | 140 |
| ii with simple registration | 104 | 140 |
| *Subject to maximum of relevant registration fee | ||
| 4 Renewal of registration under regulation 30 of the Merchant Shipping (Registration of Fishing Vessel) Regulations 1988 | 46 | 70 |
| 5 Change of registered vessel from simple to full registration | 46 | 90 |
| 6 Registration of mortgage: a one mortgage | 92 | 50 |
| b where more than one mortgage in relation to the same loan over the same ship is lodged at the same occasion— | ||
| two mortgages | 173 | 60 |
| three mortgages | 242 | 70 |
| four mortgages | 299 | 80 |
| five or more mortgages | 345 | 90 |
| 7 Registration of notice of intended mortgage | 23 | 30 |
| 8 Issue of a duplicate certificate | 12 | 20 |
| 9 Issue of transcript of entries in the register relating to any one vessel: a for current entries | 12 | 15 |
| b for other entries | 23 | 20 |
| 10 Personal inspection of the register | 10 | |
| 11 Registration of change of name of vessel | 35 | 80 |
| 12 Registration of change of port of registry and/or port number | 35 | 80 |
| 13 Registration of change of measurement, tonnage or engine particulars recorded in register | 35 | 80 |
12
In the Schedule, Part VIII (Wreck) shall be omitted.
Signed
Signed by authority of the Secretary of State for Transport 29th June 1993
Caithness — Minister of State, — Department of Transport
We consent to and approve the making of these Regulations.
Tim Kirkhope — Irvine Patnick — Two of the Lords Commissioners of Her Majesty’s Treasury — 30th June 1993
Explanatory note
(This note is not part of the Order)
These Regulations further amend the Merchant Shipping (Fees) Regulations 1991. The amendments—
- (a) clarify the cost to be charged in respect of travel overseas (regulation 4);
- (b) increase the fees charged by British Telecommunications plc by about 9% (regulations 4 and 7);
- (c) update the list of statutory instruments in respect of which fees are charged, under Part I of the Schedule to the principal Regulations (regulation 6);
- (d) increase the fees for tonnage measurement by about 8%, and provide for the charging of the costs of overseas visits in connection with pleasure yachts (regulation 8);
- (e) make changes to the fees charged under Part IV to the principal Regulations, including increasing the fee for certificates of continued proficiency by about 9% (regulation 9);
- (f) increase fees charged for registration and related transactions by up to 8% (regulation 10);
- (g) separate the costs of counter service for the registration of fishing vessels from the normal fee, and increase the fees by varying percentages (regulation 11);
- (h) omit the fees of receivers of wreck (regulation 12).
Footnotes
[^f00001]: 1949 c. 43: section 33 was extended by section 2(4) of the Merchant Shipping Act 1964 (c. 47), whichwas amended by S.I. 1980/539.
[^f00002]: 1967 c. 27.
[^f00003]: 1967 c. 64.
[^f00004]: 1970 c. 27.
[^f00005]: 1970 c. 36.
[^f00006]: 1974 c. 43.
[^f00007]: 1979 c. 39.
[^f00008]: S.I. 1983/1106; relevant amendment is S.I. 1990/2595.
[^f00009]: S.I. 1987/470.
[^f00010]: 1988 c. 12.
[^f00011]: See S.I. 1970/1537.
[^f00012]: S.I. 1991/784, amended by S.I. 1991/1404 and S.I. 1993/1340.
[^f00013]: S.I. 1974/1919, amended by S.I. 1982/1292.
[^f00014]: S.I. 1991/1341.
[^f00015]: S.I. 1992/3.
[^f00016]: S.I. 1993/69.
[^f00017]: S.I. 1981/1747, amended by S.I. 1986/1069.
[^f00018]: S.I. 1980/538.
[^f00019]: S.I. 1986/1066.
[^f00020]: S.I. 1975/330.
[^f00021]: S.I. 1968/1053.
[^f00022]: S.I. 1980/529.
[^f00023]: S.I. 1981/583.
[^f00024]: S.I. 1988/191.
[^f00025]: S.I. 1988/1275.
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