Merchant Shipping Act 1970

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F1 Words inserted by Merchant Shipping Act 1979 (c. 39), ss. 37(4), 52(2), except semi-colon, repealed by Merchant Shipping Act 1988 (c. 12, SIF 111), s. 57(5), Sch. 7, (with s. 58(4), Sch. 8 para. 1)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