Merchant Shipping Act 1970

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)

C1 S. 57 extended by S.I. 1983/1106, art. 5 and by S.I. 1987/470, art. 4

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

C3 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)