The Merchant Shipping (Accident Reporting and Investigation) Regulations 1999

Reports of investigations

10.—(1) Subject to paragraphs (2) and (7), the Chief Inspector shall cause a report of an investigation into an accident conducted pursuant to regulation 6(1), other than an accident the investigation of which is being undertaken on behalf of a State other than the United Kingdom, to be made publicly available in the shortest time possible and in such a manner as he thinks fit.

(2) The Chief Inspector shall not make the report publicly available until he has–

(a) served a notice under this regulation upon any person or organisation whose reputation is, in the Chief Inspector’s opinion, likely to be adversely affected by the report or, if that person is deceased, upon such person or persons as appear to the Chief Inspector, at the time he proposes to serve notice pursuant to this paragraph, as best to represent the interests and reputation of the deceased in the matter, and

(b) considered the representations relating to the report which may be made to him in accordance with paragraph (5) by or on behalf of the persons served with such notice, and amended the report in any manner that he thinks appropriate.

(3) The notice referred to in paragraph (2)(a) shall include particulars of any proposed analysis of facts and conclusions as to the cause or causes of the accident which may affect the person on whom or in respect of whom the notice is served.

(4) In the event that, in the opinion of the Chief Inspector, no person is likely to be adversely affected by the report, the Chief Inspector is not required to serve notice on anyone.

(5) Any representations made pursuant to paragraph (2) shall be in writing and shall be served on the Chief Inspector within 28 days of service of the notice referred to in that paragraph or within such further period as may be allowed under regulation 13.

(6) No person shall disclose any information furnished him pursuant to paragraph (2), or permit such information to be disclosed, to any other person, except such legal advisors as are necessary in order to make representations to the Chief Inspector in terms of that paragraph, save with the prior consent in writing of the Chief Inspector.

(7) The Secretary of State may direct that the report shall not be made publicly available if he considers that issues relating to national security may be disclosed. The Secretary of State may also direct that deletions are to be made from the report to be made publicly available to protect national security. In such cases the report shall indicate that deletions have been made following a direction given by the Secretary of State.

(8) A copy of the report when made publicly available shall be given or sent by the Chief Inspector to:

(a) any person who has been served with a notice pursuant to paragraph (2); and

(b) those persons or bodies to whom recommendations have been addressed in that report; and

(c) the Secretary of State.

(9) Where an inquest or fatal accident inquiry is to be held following an accident which has been subject to investigation, a report, which, if it is not the final report of the investigation, may be made available in confidence to the coroner or procurator fiscal by the Chief Inspector.

(10) The Chief Inspector shall prepare from time to time collective short reports of any investigations, or examinations referred to in regulation 5(3), to promulgate the lessons learned.

• Provided the procedures in paragraph (2), if appropriate, are followed these collective short reports shall be made publicly available.

(11) The Chief Inspector may, at his discretion, submit a report to the Secretary of State on any matter arising from his analysis of marine accident investigations.