Merchant Shipping Act 1970

Disqualification of seamen, inquiries and investigations. U.K.

52 Inquiry into fitness or conduct of officer. U.K.

(1) If it appears to the Board of Trade that an officer—

(a) is unfit to discharge his duties, whether by reason of incompetence or misconduct or for any other reason; or

(b) has been seriously negligent in the discharge of his duties; or

(c) has failed to comply with the provisions of section 422 of the M1 Merchant Shipping Act 1894 (duty to give assistance and information after collision);

the Board of Trade may cause an inquiry to be held by one or more persons appointed by them and, if they do so, may, if they think fit, suspend, pending the outcome of the inquiry, any certificate issued to the officer in pursuance of section 43 of this Act and require the officer to deliver it to them.

(2) Where a certificate issued to an officer has been suspended under subsection (1) of this section the suspension may, on the application of the officer, be terminated by the High Court or, if the inquiry is held in Scotland, by the Court of Session, and the decision of the court on such an application shall be final.

(3) An inquiry under this section shall be conducted in accordance with rules made under section 58(1) of this Act and those rules shall require the persons holding the inquiry to hold it with the assistance of one or more assessors F1

(4) The persons holding an inquiry under this section into the fitness or conduct of an officer—

(a) may, if satisfied of any of the matters mentioned in paragraphs (a) to (c) of subsection (1) of this section, cancel or suspend any certificate issued to him under section 43 of this Act or censure him;

(b) may make such order with regard to the costs of the inquiry as they think just; and

(c) shall make a report on the case to the Board of Trade;

and if the certificate is cancelled or suspended the officer (unless he has delivered it to the Board of Trade in pursuance of subsection (1) of this section) shall deliver it forthwith to the persons holding the inquiry or to the Board of Trade.

(5) Any costs which a person is ordered to pay under subsection (4)(b) of this section may be recovered from him by the Board of Trade.

Textual Amendments

F1 Words inserted by Merchant Shipping Act 1979 (c. 39), ss. 37(4), 52(2), except semi-colon, repealed by Merchant Shipping Act 1988 (c. 12, SIF 111), s. 57(5), Sch. 7, (with s. 58(4), Sch. 8 para. 1)

Modifications etc. (not altering text)

C1 S. 52 restricted (31.3.1995) by 1993 c. 8, s. 26(8)(c) (with Sch. 7 paras. 2(2), 3(2), 4); S.I. 1995/631, art. 2

C2 Ss. 43–60 modified by S.I. 1984/1115, reg. 7(1) and by S.I. 1986/1935, reg. 6

Marginal Citations

M1 1894 c. 60.

53 Disqualification of holder of certificate other than officer’s. U.K.

(1) Where it appears to the Board of Trade that a person who is the holder of a certificate to which this section applies is unfit to be the holder of such a certificate, whether by reason of incompetence or misconduct or for any other reason, they may give him notice in writing that they are considering the suspension or cancellation of the certificate.

(2) The notice must state the reasons why it appears to the Board of Trade that that person is unfit to be the holder of such a certificate and must state that within a period specified in the notice, or such longer period as the Board of Trade may allow, he may make written representations to the Board or claim to make oral representations to the Board.

(3) After considering any representations made in pursuance of the preceding subsection the Board shall decide whether or not to suspend or cancel the certificate and shall give the holder of it written notice of their decision.

(4) Where the decision is to suspend or cancel the certificate the notice shall state the date from which the cancellation is to take effect, or the date from which and the period for which the suspension is to take effect, and shall require the holder to deliver the certificate to the Board not later than the date so specified unless before that date he has required the case to be dealt with by an inquiry under section 54 of this Act.

(5) Where, before the date specified in the notice, he requires the case to be dealt with by such an inquiry, then, unless he withdraws the requirement, the suspension or cancellation shall not take effect except as ordered in pursuance of the inquiry.

(6) The Board of Trade may make regulations prescribing the procedure to be followed with respect to the making and consideration of representations in pursuance of this section, the form of any notice to be given under this section and the period to be specified in any such notice as the period within which any steps are to be taken.

(7) This section applies to every certificate issued under section 50 of this Act and to any certificate issued under section 43 of this Act other than one certifying that a person is qualified as an officer.

Modifications etc. (not altering text)

C3 Ss. 43–60 modified by S.I. 1984/1115, reg. 7(1) and by S.I. 1986/1935, reg. 6

54 Inquiry into fitness or conduct of seaman other than officer. U.K.

(1) Where a person has, before the date mentioned in section 53(4) of this Act, required his case to be dealt with by an inquiry under this section the Board of Trade shall cause an inquiry to be held by one or more persons appointed by them.

(2) An inquiry under this section shall be conducted in accordance with rules made under section 58(1) of this Act and those rules shall require the persons holding the inquiry to hold it with the assistance of one or more assessors F2

(3) The persons holding an inquiry under this section—

(a) may confirm the decision of the Board of Trade and cancel or suspend the certificate accordingly;

(b) may, where the decision was to cancel the certificate, suspend it instead;

(c) may, where the decision was to suspend the certificate, suspend it for a different period;

(d) may, instead of confirming the decision of the Board of Trade, censure the holder of the certificate or take no further action;

(e) may make such order with regard to the costs of the inquiry as they think just; and

(f) shall make a report on the case to the Board of Trade;

and if the certificate is cancelled or suspended it shall be delivered forthwith to the persons holding the inquiry or to the Board of Trade.

(4) Any costs which a person is ordered to pay under subsection (3)(e) of this section may be recovered from him by the Board of Trade.

Textual Amendments

F2 Words inserted by Merchant Shipping Act 1979 (c. 39), ss. 37(4), 52(2), except semi-colon, repealed by Merchant Shipping Act 1988 (c. 12, SIF 111), s. 57(5), Sch. 7, (with s. 58(4), Sch. 8 para. 1)

Modifications etc. (not altering text)

C4 Ss. 43–60 modified by S.I. 1984/1115, reg. 7(1) and by S.I. 1986/1935, reg. 6

55 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3 U.K.

Textual Amendments

F3 S. 55 repealed by Merchant Shipping Act 1988 (c. 12, SIF 111), s. 57(5), Sch. 7, (with s. 58(4), Sch. 8 para. 1)

56 Formal investigation into shipping casualty. U.K.

[F4 (1) Where any accident has occurred, the Secretary of State may (whether or not an investigation into it has been carried out under section 33 of the Merchant Shipping Act 1988) cause a formal investigation into the accident to be held—

(a) if in England, Wales or Northern Ireland, by a wreck commissioner, and

(b) if in Scotland, by the sheriff;

and in this section “accident ” means any accident to which regulations under that section apply or any incident or situation to which any such regulations apply by virtue of subsection (5) of that section.

(1A) A wreck commissioner or sheriff holding a formal investigation shall conduct it in accordance with rules under section 58(1) of this Act; and those rules shall require the assistance of one or more assessors and, if any question as to the cancellation or suspension of an officer’s certificate is likely, the assistance of not less than two assessors.]

(2) [F5 Subsections (1), (3) and (4) of section 97 of the Magistrates’ Courts Act 1980](which provide for the attendance of witnesses and the production of evidence) shall apply in relation to a formal investigation held by a wreck commissioner as if the wreck commissioner were a magistrates’ court and the investigation a complaint; and the wreck commissioner shall have power to administer oaths for the purposes of the investigation.

(3) Where a formal investigation is held in Scotland the sheriff shall, subject to any rules made under section 58(1) of this Act, dispose of it as a summary application, and, subject to section 57 of this Act, his decision on the investigation shall be final.

(4) If as a result of the investigation the wreck commissioner or sheriff is satisfied, with respect to any officer, of any of the matters mentioned in paragraphs (a) to (c) of section 52(1) of this Act and, if it is a matter mentioned in paragraph (a) or (b) of that section, is further satisfied that it caused or contributed to the [F6 accident], he may cancel or suspend any certificate issued to the officer under section 43 of this Act or censure him; and if he cancels or suspends the certificate the officer shall deliver it forthwith to him or to the Board of Trade.

[F7 (5) The wreck commissioner or sheriff may make such awards as he thinks just with regard to the costs of the investigation and of any parties at the investigation, and with regard to the parties by whom those costs are to be paid; and any such award of the wreck commissioner may, on the application of any party named in it, be made an order of the High Court.

(6) Any costs directed by an award to be paid shall be taxable

(a) in the High Court, or

(b) where the investigation was held in Scotland, by the auditor of the sheriff court in which it was held and in accordance with the table of fees regulating the taxation of solicitors’ accounts.

(6A) The wreck commissioner or sheriff shall make a report on the investigation to the Secretary of State.]

(7) In its application to Northern Ireland this section shall have effect as if in subsection (2) for the references to [F8 subsections (1), (3) and (4) of section 97 of the Magistrates’ Courts Act 1980]there were substituted references to [F9 paragraphs (1) and (3) of Article 118 and paragraph (1) of Article 120 of the Magistrates’ Courts (Northern Ireland) Order 1981]

Textual Amendments

F4 S. 56(1)(1A) substituted by Merchant Shipping Act 1988 (c. 12, SIF 111), s. 57(4), Sch. 6, (with s. 58(4), Sch. 8 para. 1)

F5 Words substituted by Magistrates' Courts Act 1980 (c. 43, SIF 82), s. 154, Sch. 7 para. 90

F6 Word substituted by Merchant Shipping Act 1988 (c. 12, SIF 111), s. 57(4), Sch. 6, (with s. 58(4), Sch. 8 para. 1)

F7 S. 56(5)(6)(6A) substituted by Merchant Shipping Act 1988 (c. 12, SIF 111), s. 48, Sch. 5, (with s. 58(4), Sch. 8 para. 1)

F8 Words substituted by Magistrates' Courts Act 1980 (c. 43, SIF 82), s. 154, Sch. 7 para. 90

F9 Words substituted by S.I. 1981/1675 (N.I. 26), Sch. 6 Pt. I para. 18

Modifications etc. (not altering text)

C5 S. 56 extended by S.I. 1983/1106, art. 5, and by S.I. 1987/470, art. 4

C6 S. 56 extended with modifications by S.I. 1987/311, reg. 16, Sch. 5 and by S.I. 1989/1350, art. 2, Sch. 1 (as substituted by S.I. 1989/2594, art. 3)

C7 Ss. 43–60 modified by S.I. 1984/1115, reg. 7(1) and by S.I. 1986/1935, reg. 6

57 Re-hearing of and appeal from inquiries and investigations. U.K.

(1) Where an inquiry or formal investigation has been held under the preceding provisions of this Act the Board of Trade may order the whole or part of the case to be re-heard, and shall do so—

(a) if new and important evidence which could not be produced at the inquiry or investigation has been discovered; or

(b) if there appear to the Board to be other grounds for suspecting that a miscarriage of justice may have occurred.

(2) An order under subsection (1) of this section may provide for the re-hearing to be as follows,—

(a) if the inquiry or investigation was held in England, Wales or Northern Ireland, by the persons who held it, by a wreck commissioner or by the High Court;

(b) if it was held in Scotland, by the persons who held it, by the sheriff or by the Court of Session.

(3) Any re-hearing under this section which is not held by the High Court or the Court of Session shall be conducted in accordance with rules made under section 58(1) of this Act; and section 56 of this Act shall apply in relation to a re-hearing of an investigation by a wreck commissioner or sheriff as it applies in relation to the holding of an investigation.

(4) Where the persons holding the inquiry or investigation have decided to cancel or suspend the certificate of any person or have found any person at fault, then, if no application for an order under subsection (1) of this section has been made or such an application has been refused, that person or any other person who, having an interest in the inquiry or investigation, has appeared at the hearing and is affected by the decision or finding, may appeal to the High Court or the Court of Session, according as the inquiry or investigation was held in England, Wales or Northern Ireland or in Scotland.

Modifications etc. (not altering text)

C8 S. 57 extended by S.I. 1983/1106, art. 5 and by S.I. 1987/470, art. 4

C9 Ss. 43–60 modified by S.I. 1984/1115, reg. 7(1) and by S.I. 1986/1935, reg. 6

C10 S. 57 extended with modifications by S.I. 1987/311, reg. 16, Sch. 5 and by S.I. 1989/1350, art. 2, Sch. 1 (as substituted by S.I. 1989/2594, art. 3)

58 Rules as to inquiries, investigations and appeals. U.K.

(1) The Board of Trade may make rules for the conduct of inquiries under sections 52 and 54 of this Act and of formal investigations under section [F10 56]of this Act and for the conduct of any re-hearing under section 57 of this Act which is not held by the High Court or the Court of Session.

(2) Without prejudice to the generality of the preceding subsection, rules under this section may provide for the appointment and summoning of assessors, the manner in which any facts may be proved, the persons allowed to appear, and the notices to be given to persons affected.

(3) Rules of court made for the purpose of rehearings under section 57 of this Act which are held by the High Court, or of appeals to the High Court, may require the court, subject to such exceptions, if any, as may be allowed by the rules, to hold such a rehearing or hear such an appeal with the assistance of one or more assessors.

Textual Amendments

F10 Figures substituted by Merchant Shipping Act 1988 (c. 12, SIF 111), s. 57(4), Sch. 6, (with s. 58(4), Sch. 8 para. 1)

Modifications etc. (not altering text)

C11 S. 58 extended by S.I. 1983/1106, art. 5 and by S.I. 1987/470, art. 4

C12 Ss. 43–60 modified by S.I. 1984/1115, reg. 7(1) and by S.I. 1986/1935, reg. 6

C13 S. 58 extended with modifications by S.I. 1987/311, reg. 16, Sch. 5 and by S.I. 1989/1350, art. 2, Sch. 1 (as substituted by S.I. 1989/2594, art. 3)

59 Failure to deliver cancelled or suspended certificate. U.K.

If a person fails to deliver a certificate as required under section 52 or 56 of this Act he shall be liable on summary conviction to a fine not exceeding [F11 level 3 on the standard scale]; and if a person fails to deliver a certificate as required under section 53 or 54 of this Act he shall be liable on summary conviction to a fine not exceeding [F11 level 3 on the standard scale].

Textual Amendments

F11 Words substituted by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 46; (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 289G and (N.I.) S.I. 1984/703 (N.I. 3), art. 5

Modifications etc. (not altering text)

C14 Ss. 43–60 modified by S.I. 1984/1115, reg. 7(1) and by S.I. 1986/1935, reg. 6

60 Power to restore certificate. U.K.

Where a certificate has been cancelled or suspended under this Act or under section 478 of the M2 Merchant Shipping Act 1894, the Board of Trade, if of opinion that the justice of the case requires it, may re-issue the certificate or, as the case may be, reduce the period of suspension and return the certificate, or may grant a new certificate of the same or a lower grade in place of the cancelled or suspended certificate.

Modifications etc. (not altering text)

C15 Ss. 43–60 modified by S.I. 1984/1115, reg. 7(1) and by S.I. 1986/1935, reg. 6

Marginal Citations

M2 1894 c. 60.

61 Inquiries into deaths of crew members and others. U.K.

(1) Subject to subsection (4) of this section, where—

(a) any person dies in a ship registered in the United Kingdom; or [F12 in a boat or life-raft from such a ship; or]

(b) the master of or a seaman employed in such a ship dies in a country outside the United Kingdom;

an inquiry into the cause of the death shall be held by a superintendent or proper officer at the next port where the ship calls after the death and where there is a superintendent or proper officer, or at such other place as the Board of Trade may direct.

[F13 (1A) Subject to subsection (4) of this section, where it appears to the Secretary of State that—

(a) in consequence of an injury sustained or a disease contracted by a person, when he was the master of or a seaman employed in a ship registered in the United Kingdom, he ceased to be employed in the ship and subsequently died; and

(b) the death occurred in a country outside the United Kingdom during the period of one year beginning with the day when he so ceased,

the Secretary of State may arrange for an inquiry into the cause of the death to be held by a superintendent or proper officer.

(1B) Subject to subsection (4) of this section, where it appears to the Secretary of State that a person may—

(a) have died in a ship registered in the United Kingdom or in a boat or life-raft from such a ship; or

(b) have been lost from such a ship, boat or life-raft and have died in consequence of having been so lost,

the Secretary of State may arrange for an inquiry to be held by a superintendent or proper officer into whether the person died as aforesaid and, if the superintendent or officer finds that he did, into the cause of the death.]

(2) The superintendent or proper officer holding the inquiry shall for the purpose of the inquiry have the powers conferred on an inspector by [F14 section 27 of the M3 Merchant Shipping Act 1979].

(3) The person holding the inquiry shall make a report of his findings to the Board of Trade and the Board shall make a copy of the report available—

(a) [F15 if the person to whom the report relates] was employed in the ship and a person was named as his next of kin in the crew agreement or list of the crew in which the [F15 name of the person to whom the report relates] last appeared, to the person so named;

(b) in any case, to any person requesting it who appears to the Board of Trade to be interested.

(4) No inquiry shall be held under this section in a case where, in England, Wales or Northern Ireland, a coroner’s inquest is to be held or, in Scotland, an inquiry is to be held under the [F16 M4 Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976].

Textual Amendments

F12 Words inserted by Merchant Shipping Act 1979 (c. 39), s. 29(1)(a)

F13 S. 61(1A)(1B) inserted by Merchant Shipping Act 1979 (c. 39), s. 29(1)(b)

F14 Words substituted by Merchant Shipping Act 1979 (c. 39), s. 28(7)(b)

F15 Words substituted by Merchant Shipping Act 1979 (c. 39), s. 29(2)

F16 Words substituted by Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976 (c. 14), Sch. 1 para. 2

Marginal Citations

M3 1979 c. 39.

M4 1976 c. 14.