The Merchant Shipping (Accident Reporting and Investigation) Regulations 1994

Conduct of Investigations

8.—(1) Subject to his powers under section 27 of the Merchant Shipping Act 1979 an inspector shall conduct an investigation at such times and places and in such manner as appear to him most conducive to achieving the fundamental purpose set out in regulation 4.

(2) An investigation may extend to cover all events and circumstances preceding the accident which in the opinion of the Inspector may have been relevant to its cause or outcome, and also to cover the consequences of the accident and the Inspector’s powers shall apply accordingly.

(3) Every person required to attend before an inspector shall be allowed the reasonable expenses of attending.

(4) Any document or record properly required by an inspector to be produced for the purposes of an investigation (whether on board the ship involved in the subject accident or otherwise) may be retained by him until the investigation is completed.

(5) Upon completion of an investigation the Inspector shall submit to the Chief Inspector his conclusions as to the facts of the accident and, where the facts cannot be certainly established, his opinion as to the most probable facts. He shall clearly distinguish between established facts and conjecture. He shall also submit his analysis and his findings as to cause together with such observations and recommendations as he thinks fit to make.

(6) At any time during the course of an investigation the Chief Inspector may determine that the investigation shall be discontinued, and in that event no submission by the Inspector need be made.