The Merchant Shipping (Submersible Craft Operations) Regulations 1987

Regulation 16

SCHEDULE 5 MODIFICATION OF ENACTMENTS

I. SECTION 728 OF THE MERCHANT SHIPPING ACT 1894

In section 728 the following shall be substituted for paragraph (b)—

“(b) whether the provisions of the Merchant Shipping (Submersible Craft Operations) Regulations 1986 have been complied with”.

II. SECTIONS 55 TO 58 OF THE MERCHANT SHIPPING ACT 1970

(1) Wherever the words“this Act” occurs there shall be substituted“this Act as modified by the Merchant Shipping (Submersible Craft Operations) Regulations 1986”.

(2) For section 55 there shall be substituted—

• “(Where any casualty has occurred to which the Merchant Shipping (Submersible Craft Operations) Regulations 1986 apply, the Secretary of State—

  (i)

  may cause a preliminary inquiry into the casualty to be held by a person appointed for the purpose by the Secretary of State and any person so appointed shall have the powers conferred on an inspector by section 27 of the Merchant Shipping Act 1979;

  (ii)

  may (whether or not a preliminary inquiry into the casualty has been held) cause a formal investigation into the casualty to be held, if in England, Wales or Northern Ireland, by a Wreck Commissioner and, if in Scotland by the Sheriff.”.

(3) In section 56(1) the words“and if any question as to the cancellation or suspension of an officer’s certificate is likely to arise, the assistance of not less than two assessors” shall be omitted.

(4) In section 58(1) the words“for the conduct of inquiries under sections 52 and 54 of this Act and” shall be omitted.

III. THE MERCHANT SHIPPING (FORMAL INVESTIGATIONS) RULES 1985

(1) For the words“shipping casualty” and“shipping casualties” wherever they appear there shall be substituted the words“casualty” and“casualties” respectively.

(2) For rule 12 there shall be substituted—

“12.   At the end of the formal investigation the wreck commissioner shall make a report on the case to the Secretary of State including his and the assessor's, or assessors', findings as to the reasons for the casualty or incident or as to any particular matter relating thereto, or as to the conduct or any person implicated therein”.