S.I. No. 475/1998 - Merchant Shipping (Fees) Order, 1998

S.I. No. 475 of 1998.

MERCHANT SHIPPING (FEES) ORDER, 1998

TABLE OF CONTENTS

S.I. No. 475 of 1998

MERCHANT SHIPPING (FEES) ORDER, 1998

I, Michael Woods, Minister for the Marine and Natural Resources, in exercise of the powers conferred on me by section 5 of the Merchant Shipping (Amendment) Act, 1939 (No. 12 of 1939), section 5 of the Merchant Shipping (Safety Convention) Act, 1952 (No. 29 of 1952), as extended by section 3 of the Merchant Shipping Act, 1966 (No. 20 of 1966), section 4 of the Mercantile Marine Act, 1955 (No. 29 of 1955), section 26 of the Merchant Shipping (Load Lines) Act, 1968 (No. 17 of 1968), section 3 of the Merchant Shipping (Certification of Seamen) Act, 1979 (No. 37 of 1979), section 31 of the Merchant Shipping Act, 1992 , the Communications (Transfer of Departmental Administration and Ministerial Functions) Order, 1987 ( S.I. No. 91 of 1987 ), and by the Marine (Alteration of Name of Department and Title of Minister) Order, 1997 ( S.I. No. 301 of 1997 ) and with the consent of the Minister for Finance hereby order as follows:-

1 Citation and Commencement

1. (1) This Order may be cited as the Merchant Shipping (Fees) Order, 1998, and shall come into operation on the 14th day of December, 1998.

2 Definitions

2. In this Order:-

"a certificate of Irish tonnage" means a certificate issued to the owner of a ship registered in the State the tonnage of which has been ascertained in accordance with the provisions of the Fourth Schedule to the Merchant Shipping (Tonnage) Regulations, 1984 ( S.I. No. 369 of 1984 );

"a classed ship" means a ship which has been surveyed by or on behalf of an Assigning Authority (other than the Minister) and has, following such survey, been classified by that authority in accordance with standards set for ships by it and remains so classified at the date of the survey or inspection for which a fee is payable under this Order;

"alternative tonnage" means the alternative gross and register tonnages of a ship ascertained in accordance with paragraph 12 of the Fourth Schedule to the Merchant Shipping (Tonnage) Regulations, 1984 ( S.I. No. 369 of 1984 );

"assigning authority" means a body which is an assigning authority for the purpose of the load line rules for the time being in force under the Act;

"cargo ship" means a ship other than a passenger ship;

"1969 Convention Tonnages" means tonnage ascertained in accordance with Part II of the Merchant Shipping (Tonnage) Regulations, 1984 ( S.I. No. 369 of 1984 );

"crew spaces" means crew accommodation within the meaning of the Merchant Shipping (Crew Accommodation on Board Ship) Regulations, 1951 ( S.I. No. 95 of 1951 );

"examination" means an examination for a certificate of competency or service or qualification or for an endorsement to any certificate conducted by an examiner appointed for that purpose by the Minister;

"Interim Scheme Tonnages" means the gross tonnage of a ship ascertained under the Interim Scheme for the tonnage measurement of certain ships adopted by the Assembly of the International Maritime Organization (IMO) by Resolution A494(XII);

"International Tonnage Certificate" means a certificate issued under the provisions of the International Convention on Tonnage Measurement of Ships (1969);

"long international voyages" means a long international voyage within the meaning of the Merchant Shipping (Safety Convention) Act, 1952 (No. 29 of 1952);

"modified tonnage" means the gross and register tonnages of a ship ascertained in accordance with paragraph 11(3) of the Fourth Schedule to the Merchant Shipping (Tonnage) Regulations, 1984 ( S.I. No. 369 of 1984 );

"passenger ship" means a ship carrying more than 12 passengers;

"passenger boat" means any boat which is used to carry not more than 12 passengers for reward in any capacity including transport to islands, transport on rivers, carrying of people to and from work, transport in connection with sightseeing, diving, birdwatching etc.;

"sea area A1" means an area within the radiotelephone coverage of at least one VHF coast station in which continuous DSC alerting is available;

"sea area A2" means an area, excluding sea area A1, within the radiotelephone coverage of at least one MF coast station in which continuous DSC alerting is available, as may be defined in a Marine Notice;

"sea area A3" means an area, excluding sea areas A1 and A2, within the coverage of an INMARSAT geostationary satellite in which continuous alerting is available;

"sea area A4" means an area outside sea areas A1, A2 and A3;

"single tonnage" means the tonnage of a ship ascertained in accordance with paragraph 2(2) of the Fourth Schedule to the Merchant Shipping (Tonnage) Regulations, 1984 ( S.I. No. 369 of 1984 );

"sister ship" means a ship which corresponds in all major respects relevant to the measurement for tonnage with a ship the tonnage of which has been previously ascertained under the Tonnage Regulations, and for which the calculation for tonnage is available to the Certifying Authority to which, prior to the commencement of its measurement for tonnage, application has been made in writing by or on behalf of the owner of the ship requesting it to be treated as a sister ship;

"Superintendent" means a superintendent of a Mercantile Marine Office or a duly appointed deputy;

"the Act" means the Merchant Shipping (Load Lines) Act, 1968 (No. 17 of 1968);

"the Minister" means the Minister for the Marine and Natural Resources;

"the Tonnage Regulations" means the Merchant Shipping (Tonnage) Regulations, 1984 ( S.I. No. 369 of 1984 );

"tons" means gross tons and a reference to tons:

(a) in relation to a ship having alternative gross tonnage under paragraph 12 of the Fourth Schedule to the Merchant Shipping (Tonnage) Regulations, 1984 ( S.I. No. 369 of 1984 ) is a reference to the larger of those tonnages; and

(b) in relation to a ship having its tonnage determined both under Part II and Regulation 16 of those Regulations is a reference to its gross tonnage as determined under Regulation 16 of those Regulations.

3. There shall, subject to and in accordance with the provisions of the Schedules to this Order, be charged and paid, in respect of each matter mentioned in any of those Schedules, the fee specified in that Schedule in respect of that matter.

4. The Merchant Shipping (Fees) Order, 1992 ( S.I. No. 156 of 1992 ) and the Merchant Shipping (Fees) (Passenger Boats) Order, 1992 (S.I. 295 of 1992) are hereby revoked.

FIRST SCHEDULE

NOTES

I. Except where otherwise stated, the appropriate fees must be paid before any survey, inspection (other than an inspection relating to a certificate mentioned in Part I) or service can be undertaken. In cases where the fee cannot be assessed beforehand (e.g. tonnage measurements), a deposit sufficient to cover the probable charge is required and any outstanding expenses or balance of fees must be paid before the case is completed.

II. Fees and expenses under this Schedule, unless otherwise stated, must in every case be paid to the Superintendent of a Mercantile Marine Office and not to Surveyors.

III. An official receipt is given for all payments.

IV. The fees mentioned in Part 4 are in addition to the fee for a safety equipment certificate, a qualified safety certificate and a qualified safety equipment certificate.

V. Application for services by Surveyors out of office hours should be made on the prescribed form. The application must include an undertaking to pay the overtime fees.

PART I

PASSENGER SHIPS

Fees payable for Passenger Ship Surveys and Certification

1. Fees for a passenger certificate, a general safety certificate or a qualified safety certificate together with an exemption certificate for:

1.1 Initial survey of ships for the issue of a certificate permitting the carriage of more than 36 passengers.

1.8 The fees specified in paragraphs 1.1 and 1.2 above must be paid in full in respect of a new ship or a ship coming under survey for the first time even though a certificate for twelve months may not be required. In case of renewal surveys when a certificate for less than twelve months is required the fee shall be in proportion to the period from the date of termination of the survey to the date of expiration of the certificate at the rate of 1/12th of the full fee specified in paragraphs 1.3 and 1.4 for each month or part of a month. Provided that the fee payable shall in no case be less than:

1.8.1 in the case of a ship not exceeding 100 tons, 3/12ths of a twelve months fee or£430; or

1.8.2 in the case of a ship exceeding 100 tons, 3/12ths of a twelve months fee or£645, whichever is the greater;

1.8.3 in any case in which the duration of a certificate has been limited by the Surveyor's declaration owing to special reasons rendering one or more further surveys necessary within the ensuing twelve months the total fees paid for certificates covering the period of twelve consecutive months shall not exceed that payable for a twelve months certificate.

1.9 The fees specified at paragraphs 1.1, 1.2, 1.3 and 1.4 above are:

1.9.1 not returnable when the survey has been carried out, and the certificate cannot be issued due to a deficiency of the hull, equipment or machinery of the ship, and

1.9.2 cover any number of visits which a surveyor may require to make before granting his declaration and include the survey of the hull, boilers and propelling machinery (including tests of the materials), and the inspection of the equipment of the ship, including the lights and fog signals.

Fees for Survey of Ships in Dry Dock

Fees for Examination of Plans and Arrangements

Fees for Testing, Inspecting and Examining Plans of Sidescuttles, Fire Resisting Doors and Materials, Ships' Side and other Hull Fittings

1.12 The fees payable in respect of each matter mentioned in sub-paragraphs .1 to .8 below shall be determined by the amount of work involved charged at an hourly rate of£57.

1.12.1 The examination of designs of sidescuttles.

1.12.2 The examination of the methods of fitting materials used in the construction of "A" Class fire resisting divisions.

1.12.3 The examination of the methods of fitting materials used in the construction of "B" Class fire retarding divisions.

1.12.4 The examination of the design of doors intended for either "A" Class fire resisting divisions or "B" Class fire retarding divisions.

1.12.5 The examination of the design of items not included in sub-paragraphs .1 to .4 of this paragraph.

1.12.6 Witnessing Fire Tests.

1.12.7 Witnessing surface spread of flame tests.

1.12.8 The issue of a certificate of inspection and test in respect of any material or fitting referred to in sub-paragraphs .1 to .7 of this paragraph.

Fees for Survey of Ships' Boilers

PART 2

CARGO SHIPS

Fees for Cargo Ship Safety Construction Surveys and Certification

2.1 The following Table of Fees shall be payable subject to the provisions of paragraphs 2.2, 2.3 and 2.4.

TABLE OF FEES

2.2 Where a surveyor of ships carries out a survey before the issue of a Cargo Ship Safety Construction Certificate on a ship the keel of which was laid before the 14th May, 1967, the fee payable on such survey shall be four times the amount shown in column (3) of the Table of Fees.

2.3 Where a surveyor of ships carries out a survey before the renewal of a Cargo Ship Safety Construction Certificate or any Intermediate Survey and such a survey is not completed in one operation but is effected by two or more partial surveys there shall be paid, in addition to the fees payable under column (3) or column (4) as the case may be, of the Table of Fees:

2.3.1 a fee of£362 for every partial survey, and

2.3.2 a further fee of£362 for every additional visit when more than one visit is paid to the ship by the surveyor for the purposes of such a partial survey.

2.4 Where a surveyor of ships carries out a survey of a ship for the issue in respect of a ship of a Cargo Ship Safety Construction Certificate which it is intended shall remain in force for a period not exceeding three months, and the ship is one in respect of which there is, or within the period of twelve months immediately preceding the survey there has been in force a passenger certificate, the fee payable for each survey shall be as follows:-

PART 3

Passenger Boats

Fees for the Licensing and Inspection of Passenger Boats

PART 4

RADIO

Fees for a Safety Radio Certificate or a Qualified Safety Radio Certificate together with an Exemption Certificate and for the inspection of the Radio Installation for vessels complying with the Merchant Shipping (Radio Installations) Rules, 1983, as amended and the Merchant Shipping (Radio) Rules 1992.

4.1. Fees for the initial survey of a ship under Rule 3 of the Merchant Shipping (Radio Installations Survey) Rules, 1983, for:

4.2 Fees for a Safety Radio Certificate or a Qualified Safety Radio Certificate together with an Exemption Certificate for vessels complying with the Merchant Shipping (Radio) Rules, 1992

4.3 Fees for the renewal of a Safety Radio Certificate or a Qualified Safety Radio Certificate together with an Exemption Certificate for vessels complying with the Merchant Shipping (Radio) Rules, 1992

4.4 Fees for inspection of Radio Installation on ships not required to hold a Safety Radio Certificate:

4.5 Fees for the inspection of a ship for such purposes, otherwise than on the application of the owner, if the ship is found not to be properly provided with a Radio Installation and Radio Officers or Radio Operators:

4.6 Inspection of a radar installation for the purpose of seeing that the radar installation provided is in accordance with the Merchant Shipping (Navigational Equipment) Rules, 1985 for:

4.7 For partial inspection of the radio or radar installation of a ship under the Merchant Shipping (Radio Installation Survey) Rules 1983, the Merchant Shipping (Radio Installations Survey) Rules 1992, the Merchant Shipping (Radio Installations) Rules 1983, the Merchant Shipping (Radio) Rules 1992, and the Merchant Shipping (Navigational Equipment) Rules 1985, being an inspection:

4.7.1 made on application of the owner, or

4.7.2 made otherwise than on the application of the owner, where equipment is found to be defective, or

4.7.3 made otherwise than on the application of the owner and in consequence of changes or modification in the equipment or the installation, the fee payable in each case shall be 70% of the appropriate fee in paragraphs 4.4.1, 4.4.2, 4.6.1 and 4.6.2

4.8 Fees for testing inspecting and approving Radiocommunication Equipment, Radio Navigation Equipment, and Radio Life-saving Appliance Equipment.

4.9 Fees for examination of plans and arrangements:

PART 5

SAFETY EQUIPMENT

Fees for a Safety Equipment Certificate or a Qualified Safety Equipment Certificate together with an Exemption Certificate

5.1 Fees for initial survey of a ship for the issue of a Safety Equipment Certificate for:

5.3 Fees for Annual or Intermediate Survey of a ship under rule 4 of the Merchant Shipping (Cargo Ship Safety Equipment Survey) Rules, 1983 ( S.I. No. 312 of 1983 ) for:

Fees for Inspection of the Safety Equipment of Ships not required to hold Safety Equipment Certificates

5.4 For the initial inspection of the life-saving appliances (including equipment necessary for a safety equipment certificate) of a ship (other than a passenger ship) on the application of the owner under section 431 of the Merchant Shipping Act, 1894; as amended by section 13 of the Merchant Shipping (Safety Convention Act, 1952 for:

5.5 For subsequent inspection as described in paragraph 5.4 for:

5.5A For the initial and subsequent inspection of the safety equipment of a fishing vessel which does not exceed 85 feet registered length in cases where the inspection is carried out concurrently with a Survey for Tonnage Measurement in accordance with Part 8:

5.6 For a partial inspection of the life-saving appliances of a ship under section 13 of the Merchant Shipping (Safety Convention) Act, 1952 , being an inspection:

5.6.1 made on application of the owner, or

5.6.2 made otherwise than on the application of the owner, where equipment is found defective, or

5.6.3 made otherwise than on the application of the owner and in consequence of changes or modification in the equipment, the fee payable in each case shall be 70% of the appropriate fee in paragraphs 5.4 and 5.5,

Fees for Testing and Inspecting Life-Saving Appliances

5.7 The fee payable in respect of each of the matters mentioned in the following sub-paragraphs, shall, except where otherwise stated, be determined by the amount of work involved charged at an hourly rate of£57.

5.7.1 The inspection during construction and for the certification or re-certification of lifeboats and buoyant apparatus.

5.7.2 The inspection of process and quality of production of lifeboats or buoyant apparatus constructed of glass reinforced plastics at the manufacturer's works.

5.7.3 The inspection of a lifeboat constructed of materials other than glass reinforced plastics.

5.7.4 The inspection of mechanically hand propelled lifeboats, motor lifeboats and motor lifeboats fitted with a radio cabin and searchlight.

5.7.5 The inspection of buoyant apparatus constructed of materials other than glass reinforced plastics.

5.7.6 The inspection of buoyant apparatus constructed of glass reinforced plastics.

5.7.7 The routine inspection of production of lifejackets at the manufacturer's works.

5.7.8 The inspection of a buoyant material (excluding cork and kapok) and consideration or report of tests carried out by an independent authority, in addition to fees charged by the authority.

5.7.9 The inspection at the manufacturer's works of boats' davits and winches.

5.7.10 The inspection of inflatable life rafts and inflatable boats and of servicing depots:

(1) the inspection of processes and quality of production at the manufacturer's works,

(2) the initial inspection of services depot,

(3) periodic inspection of a servicing depot to ensure maintenance of procedures and standards for certification of life rafts and inflatable boats—£12 per raft or boat serviced.

5.7.11 The examination of the design, or a modification to a design, of a life-saving appliance, and the witnessing of tests and inspection of an appliance made to the design.

5.7.12 The examination of the design of an appliance, the witnessing of tests and inspection of the first appliance made to the design, and the issue of a certificate of tests if required.

5.7.13 The examination of the design of a fire detecting system, inert gas system or fixed fire extinguishing installation or plans of a froth or carbon dioxide installation for fire extinguishing.

The inspection of lights and fog signals on any ship (including issue of surveyor's report of inspection)

5.8 The fee payable:

5.8.1 for each visit made to the ship on the application of the owner or for each visit made where the equipment is found defective shall be determined by the amount of work involved charged at an hourly rate of£57,

5.8.3 should the inspection of lights and fog signals be carried out in conjunction with the surveys for passenger certificate or safety equipment certificate or measurement for tonnage or re-registry, the fees specified for those services cover the inspection of lights and fog signals. Where the inspection of lights and fog signals is carried out as a separate service the fees specified above shall be payable.

PART 6

LOAD LINE SURVEYS AND INSPECTIONS, LOADING OF GRAIN CARGOES AND SURVEYS FOR SEAWORTHINESS

Load Line Surveys and Inspections, Loading of Grain Cargoes and Surveys for Seaworthiness

6.1 The fees payable shall be determined by the amount of work involved, charged at an hourly rate of£57 subject to the maxima prescribed in Sections A, B and C below.

6.2 The standard fee prescribed in paragraph 6.1 above (read with Section A of this Part) shall be adjusted in accordance with the provisions of Section B and for special cases in accordance with Section C of this Part.

6.3 References in Section B or Section C of this Part to a standard fee are references to the standard fee appropriate to the tonnage of the ship prescribed by paragraph 6.1 above (read with Section A of this Part) and references to a maximum standard fee shall be constructed accordingly.

SECTION A

TABLE OF MAXIMUM STANDARD FEES

SECTION B

ADJUSTMENTS OF STANDARD FEES

6.4 The fee payable for a survey of a classed ship shall be, for:

6.5 The fee payable for a survey or inspection of a ship carried out concurrently with a survey for a passenger certificate, a safety certificate, a passenger certificate combined with a safety certificate shall be, for:

Stability Requirements

6.9 The fees payable for survey of a ship where it is necessary to determine compliance in respect of the ship with the stability requirements of the Fourth and Seventh Schedules to the Merchant Shipping (Load Lines) Rules, 1968 ( S.I. No. 205 of 1968 ) where the ship:

6.11 The fees chargeable for stability calculations under paragraph 6.9 and/or 6.10 with regard to sister ships shall in each case be 20% of the fee chargeable to the first ship of the same type.

SECTION C

FEES FOR SURVEY AND INSPECTION

SPECIAL CASES

Exemptions for deeper loading

6.12 The fee payable for the survey or inspection (except in a case to which paragraph 6.13 applies) carried out on a ship in respect of which a load line certificate is in force, for the purpose of an exemption for deeper loading:

6.12.2 a subsequent survey or inspection for the continuing of the exemption in force:

6.13 The fee payable for the survey or inspection as described in paragraph 6.12 where the ship is a classed ship and the load line Assigning Authority certify in writing that the scantlings of the ship are sufficient for the deeper loading:

6.13.2 a subsequent survey or inspection for the continuing of the exemption in force:

6.13A The fee payable for the survey or inspection as described in paragraph 6.12 where the ship is a classed ship and the load line Assigning Authority certify in writing that the scantlings of the ship are sufficient for the deeper loading:-

6.13A.2 a subsequent survey or inspection for the continuing of the exemption in force:-

Exemptions for single voyages

General

Loading of Grain Cargoes

6.21 The fees payable shall be as follows:

Fees for survey for seaworthiness

6.22 The fee payable for the survey of a ship by direction of a Court under section 463 of the Merchant Shipping Act, 1894 by a Surveyor appointed by the Minister under section 724 of the Merchant Shipping Act, 1894 shall be as follows:

6.23 The fee payable for the survey of a ship by a person appointed for the purpose either by the Minister or by the Court under section 463(3) of the Merchant Shipping Act, 1894:

6.24 The fee payable for the survey of a ship finally detained or where it appears that a ship provisionally detained was at the time of that detention an unsafe ship:

6.24.1 if detained because of overloading, improper loading, insufficient ventilation of coal cargoes, undermanning, or defective equipment, such as chronometers or charts, the fee payable shall be that prescribed in paragraph 6.22 of this paragraph;

6.24.2 if the ship is detained because of defective hull or machinery the fee payable shall be that prescribed in paragraph 6.23.

6.25 The fee payable for the survey of a ship detained under section 4 or section 5 of the Merchant Shipping (Load Lines) Act, 1968 (No. 17 of 1968):-

6.25.1 for the submersion of the appropriate load line, the fee payable shall be that prescribed in paragraph 6.22

6.25.2 for being unmarked or being improperly marked with load lines or for failure to deliver up an expired Load Line Certificate-

6.26 The fees payable for survey before transfer to a foreign flag, shall be those set out in paragraph 6.23.

6.27 The fee payable for survey for seaworthiness, prior to re-registry, of a ship whose registry has been closed on account of wreck etc. shall be determined by the amount of work involved charged at an hourly rate of£57.

PART 7

CREW ACCOMMODATION

Fees for inspection of crew spaces

7.1 The fees payable for inspection of crew spaces shall be as follows:

7.1.3 if the inspection of crew spaces is made at the same time as the survey for tonnage measurement, or the survey prior to registry or re-registry, or if the Minister is satisfied that the inspection was made in consequence of an unjustified complaint, no separate fee is chargeable.

PART 8

TONNAGE MEASUREMENT

Standard Fee

8.1 The standard fee to be charged for the tonnage measurement of ships shall be that set out in Table A, subject to paragraphs 8.2, 8.3 and 8.4 of this Part.

TABLE A

8.2 Fees for Tonnages:

8.2.1 The fees for a sister ship, or a foreign ship with an International Tonnage Certificate (1969) transferring to the Irish register, shall be 50 per cent of the fees set out in Table A.

8.3 Tonnage measurement in accordance with the Fourth Schedule to the Tonnage Regulations:

8.3.1 The fees to be charged for the tonnage measurement of a ship in accordance with either the Fourth Schedule Part I paragraph 2(2) (single tonnage) or the Fourth Schedule Part III paragraph 11 (modified tonnage) to the Tonnage Regulations shall be 100 per cent of the fees set out in Table A.

8.3.2 The fees to be charged for the tonnage measurement of a ship in accordance with the Fourth Schedule Part III paragraph 12 (alternative tonnages) shall be 150 per cent. of the fees set out in Table A.

8.3.3 The fees to be charged for the tonnage measurement or measurement of a pleasure yacht under 13.7 metres in overall length in accordance with Part IV and Appendix 5 thereto of the Fourth Schedule to the Tonnage Regulations shall be £130

8.3.4 The fees to be charged for the tonnage measurement of a ship to which Part I paragraph 2(3) of the Fourth Schedule to the Tonnage Regulations (girthing of a loaded ship) applies, shall be 50 per cent of the fees set out in Table A.

Re-measurement of Tonnages

8.4 The fees to be charged for the re-measurement of a ship shall be:

8.4.1 for re-measurement of tonnage in any case in which in consequence of alterations to the ship re-measurement of the ship's underdeck is required the appropriate fee shown in paragraphs 8.2.1, 8.3.1 and 8.3.2.

8.4.2 for re-measurement of tonnage in any case in which, in consequence of alterations of a ship, re-measurement of the tonnage of the space between the second deck and the upper deck of the ship is required one half of the appropriate fee shown in paragraphs 8.3.1 and 8.3.2.

8.4.3 for re-measurement of tonnage due solely to an alteration of space in one of the following categories of spaces:

(1) space on or above the upper deck,

(2) propelling machinery space below the upperdeck,

(3) space described in paragraph 4(1)(e) of the Fourth Schedule to the Tonnage Regulations,

(4) space described in paragraph 9(a) to (i) of the Fourth Schedule to the Tonnage Regulations,

(5) space in a double bottom for water ballast and space in water ballast tanks, the fees to be charged in respect of each category comprising space so measured shall be the fees set out in Table B.

TABLE B

A Ship which:

Tonnage Measurement of Fishing Vessels

8.5 The fees to be charged for tonnage measurement of fishing vessels which do not exceed 100 tons shall be 50 per cent. of the appropriate fees set out in the foregoing paragraphs of this Part.

8.6 The fees to be charged for tonnage measurement of fishing vessels which exceed 100 tons shall be 100 per cent. of the appropriate fees set out in the foregoing paragraphs of this Part.

Copies of Certificates and Details of Tonnage Calculations

PART 9

EXAMINATIONS, TESTS AND RELATED SERVICES

General

9.1 Candidates for examinations, tests or related services or any persons enquiring as to their eligibility for examination or test etc. shall pay the appropriate fee before any enquiry is made as to eligibility.

Deck Officer Certificates of Competency

9.2 The fees payable on each occasion on which a candidate attends for examination for deck officer certificates of competency shall, subject to sub-paragraphs .6 to .8, be as follows:

9.2.6.1 Where a candidate in cases .1 to .5 is examined in any part of the written but not in the practical oral part of the examination 50 per cent of the relevant fee shall be payable.

9.2.6.2 Candidates who take practical orals separate from the written part of their examinations shall pay fees as follows:

9.2.6.3 Candidates who may have to resit their oral examinations will be only charged one administration fee.

9.2.7 Where a candidate in cases .1, .2 or .4, obtains a referral in one written paper, the fee for the referral examination shall be 12.5 per cent of the relevant full fee payable.

9.2.8 Where a candidate in cases .1 to .5 takes the examination in signalling separately from the remainder of the examination an additional fee of£40 shall be payable.

9.2.9 Where the holder of a Class 4 Certificate of Competency is granted a Class 3 Certificate without further examination a fee of£28 shall be payable.

Endorsement of Deck Officer Certificates of Competency or Service

9.3 The fee payable on each occasion on which a candidate attends for examination for command endorsements to Deck Officer Certificates of Competency shall, subject to sub-paragraphs .5 and .6, be as follows:

9.3.5 Where a candidate in cases .1 to .4 is examined in any part of the written but not in the practical oral part of the examination 50 per cent of the relevant fee shall be payable.

9.3.6 Where a candidate in cases .1 to .4 takes the examination in signalling separately from the remainder of the examination an additional fee of£40 shall be payable.

9.3.7 Candidates who take practical orals separate from the written part of their examinations shall pay fees as follows:

9.6 In addition an administration fee for the processing of documents and issuance of certificates of competency will be charged as follows:

Marine Engineer Officer Certificates of Competency and Marine Engine Operator Certificates of Qualification

9.7 The fees payable on each occasion on which a candidate attends for examination for Marine Engineer Officer Certificates of Competency and Marine Engine Operator Certificates of Qualification shall, subject to sub-paragraphs .7 and .8, be as follows:-

9.7.7 Where a candidate in cases .1 to .3 is examined only in Part "A" or Part "B" of the appropriate examination, or for a portion of either Part "A" or Part "B" 50 per cent of the relevant fee shall be payable.

9.7.8 Where a candidate is examined in both steam and motor knowledge in the same week the fees payable shall be as follows:

9.7.9.1 Candidates who take practical orals separate from the written part of their examinations shall pay fees as follows:

9.7.9.2 Candidates who may have to resit their oral examinations will only be charged one administration fee.

Endorsement of Marine Engineer Officer Certificates of Competency or Service

9.8 The fees payable on each occasion on which a candidate attends for examination for a steam or motor endorsement shall be as follows:

9.9 The fee payable on each occasion on which a candidate attends for examination for a service endorsement shall be as follows:

9.10 In addition, an administration fee for the processing of documents and issuance of Certificates of Competency will be charged as follows:

Certificates of Competency for Fishing Vessel Deck Officers

9.12 The fees payable on each occasion on which a candidate attends for examination for Fishing Vessel Deck Officer Certificates of Competency shall, subject to sub-paragraphs .6 ,.7 and .8 be as follows:

9.12.4 Where a candidate in cases .1, .3 and .5 is examined in any part of the written but not in the practical oral part of the examination 50 per cent of the relevant fee shall be payable.

9.12.5 In addition when the certificates at .2 and .3 are endorsed as Skipper (Limited) or Second Hand (Special) an administration fee of£28 shall be payable.

9.12.6.1 Candidates who take practical orals separate from the written part of their examinations shall pay fees as follows:

9.12.6.2 In addition, an administration fee for the processing of documents and the issuance of Certificates of Competency will be charged as follows:

9.12.6.3 Candidates who may have to resit their oral examinations will only be charged one administration fee.

9.12.6.4 Where a candidate in cases .1 or .2 obtains a referral in one written paper, the fee for the referral examination shall be 12.5 percent of the relevant full fee payable.

9.12.7 Where a candidate in cases .1, .2 and .3 takes the examination in signalling separately from the remainder of the examination an additional fee of£40 shall be payable.

Certificates of Competency for Fishing Vessel Engineer Officer

9.12A The fees payable on each occasion on which a candidate attends for examination for Engineer Officer (Fishing Vessel) Certificates of Competency shall, subject to sub-paragraphs .4, .5, .6, .7 and .8 be as follows:

9.12B.2 In addition, an administration fee for the processing of documents and the issuance of Certificates of Competency will be charged as follows:

9.12B.3 Candidates who may have to resit their oral examinations will only be charged one administration fee.

Fees for Certificates of Service (Fishing Vessels)

Able Seaman (AB) and Efficient Deck Hand (EDH) Certificates

9.13 The fees payable shall be as follows:

Certificate of Proficiency in Survival Craft (CPSC)

Sight Tests

9.15 The fee payable in respect of each sight test shall be as follows:

PART 10

SURVEYORS' EXPENSES

Surveyors' Expenses in the State or Northern Ireland

10.1 Except where otherwise stated and apart from overtime fees referred to in paragraph 10.3 of this Part, no separate fees are payable for expenses of surveyors or subsistence in the State or in Northern Ireland in addition to the fees set out in the preceding Parts except:

10.1.1 where a surveyor is called to a survey or inspection by the owner and is prepared to carry it out but is prevented from doing so by circumstances which it was within the power of the owner, his servants or agents to prevent, or

10.1.2 where a surveyor is called upon to carry out a partial survey away from a normal survey centre for the purpose of the issue of a short-term certificate.

Surveys Abroad

10.2 The relevant survey fees together with a fee equivalent in amount to the Surveyors' travelling and subsistence expenses shall be payable:

10.2.1 All fees and a deposit to cover the travelling and subsistence expenses must be paid in advance in the case of surveys abroad and an undertaking given for the payment of any balance of fees and expenses connected with the service.

Overtime charges

10.3 The scale of overtime fees shall be as follows:

10.3.3 For inspection in connection with the illumination from a ship of lifeboats in the process of and after launching and for tests of lifeboats searchlights One half of the fees specified in this paragraph.

10.3.4 For periods of less than one hour. The fee will be charged as one hour according to the scale.

10.3.5 For periods exceeding one hour. One quarter fee will be charged for each quarter or part quarter of an hour according to the scale. The maximum fee in any one case shall be limited to that for 10 hours.

10.3.7 Time occupied in travelling will not be deemed overtime except time spent on a tender between the shore and the ship which will be charged at half the full overtime rates.

PART 11

FEES FOR SERVICES PROVIDED BY MERCANTILE MARINE OFFICES

General

11.1 The fees under this Part shall not be charged to Government Departments or to Consuls or other representatives of Foreign Governments when the inspection, etc. is required for official purposes.

11.2 The agreement and official log book of a ship for one voyage, or in case of running agreements for one half year, are to be regarded as constituting one record.

Engagement and Discharge of Seamen

11.3 The fee payable for the engagement or discharge of seamen before a Superintendent or a duly appointed deputy shall be as follows:

Additional fees for the engagement and discharge of seamen on board ship

11. 4 The fees specified in this paragraph shall be payable for the engagement or discharge of seamen on board ship and the minimum fee for any visit of a Superintendent to a ship for the purpose of the engagement or discharge of such seamen shall be£46 plus:

11.4.4 for any seaman engaged on board a ship immediately after discharge on board that ship the additional fee payable by reason of such engagement on board ship shall be half that specified in this paragraph.

11.4.5 the actual travelling expenses of the Superintendent and any assistance between the Mercantile Marine Office and the ship shall be charged in addition in every case.

Other services on board ship

Overtime charges

11.6 The scale of fees payable for overtime shall be as follows:

Waiting time during office hours

11.7 Where the engagement or discharge of a crew takes place on board ship during office hours but does not commence at the time stated on the form of application the following fees for waiting time shall be payable:

11.7.2 where the waiting time extends beyond office hours a fee for that part of the waiting time which is outside office hours shall be calculated separately at the rates specified in paragraph 11.6.

Indentures of apprenticeship

Inspection of Registers and Miscellaneous Central Register of Ships

11.9 The fees payable shall be as follows:

Registers and Records respecting Seamen and Passengers

11.10 The fees payable shall be as follows:

(1) Where an officer attends to produce documents at the hearing of two or more separate cases in the same court on the same day, only one attendance fee shall be charged if the solicitor requiring the attendance is the same in all the cases. If different solicitors are concerned the full attendance fee shall be charged for each case. In all events the fee of£12 a day for each document produced shall be charged.

11.10.9 for a certified copy of any declaration or document, a copy of which is made evidence by the Merchant Shipping Acts, or a certified copy of or extract from a document declared by the Merchant Shipping Acts to be admissible in evidence, where:

Replacement of Certificates

11.11 The fee payable for renewal of certificates, shall, subject to sub-paragraph .4, be as follows:

11.11.4 where any certificate mentioned in sub paragraphs .1 to .3 was lost as a result of shipwreck or fire at sea no fee shall be payable.

Discharge Book and Seaman's Identity Card

11.12 The fees payable shall, subject to paragraph .4, be as follows:

Signal Letters

SECOND SCHEDULE

FEES FOR REGISTRATION, TRANSFER AND MORTGAGE OF SHIPS

Notes

I. Fees under this Schedule are payable to Registrars of Ships.

II. Vessels belonging to the Commissioners of Irish Lights and vessels solely employed in fishing are exempt from the fees mentioned in this Schedule.

Transactions in the Ships Register and Inspection of the Register

1. On initial registry, registry anew, re-registry, and transfer of registry:

2. On the transfer, transmission, mortgage and transfer of mortgage, according to the gross tonnage of ship or shares transferred, mortgaged or transmitted (e.g. the transfer of one sixty-fourth share in a ship of 6,400 tons gross equals transfer of 100 tons gross):

Copies of documents

THIRD SCHEDULE

FEES OF RECEIVERS OF WRECK

NoteFees

Fees under this Schedule must be paid to the appropriate Receiver of Wreck.

GIVEN under my Official Seal, this 30th day of November, 1998.

Dr Michael Woods TD

The Minister for the Marine and Natural Resources.

The Minister for Finance hereby consents to the making of the foregoing Order.

GIVEN under the Official Seal of the Minister for Finance this 3^rd day of December, 1998.

Mr Charles McCreevey TD

Minister for Finance

EXPLANATORY NOTE

The Order prescribes increased fees payable for various services in relation to shipping and seamen.