Merchant Shipping Act 1988 (repealed)

Merchant Shipping Act 1970 (c.36) U.K.

1 In section 33 (defence of drug taken for medical purposes), after “27” insert “(2)”.

2 In section 56 (formal investigation into shipping casualty)—

(a) for subsection (1) substitute—

“(1) Where any accident has occurred, the Secretary of State may (whether or not an investigation into it has been carried out under section 33 of the Merchant Shipping Act 1988) cause a formal investigation into the accident to be held—

(a) if in England, Wales or Northern Ireland, by a wreck commissioner, and

(b) if in Scotland, by the sheriff;

and in this section “accident” means any accident to which regulations under that section apply or any incident or situation to which any such regulations apply by virtue of subsection (5) of that section.

(1A) A wreck commissioner or sheriff holding a formal investigation shall conduct it in accordance with rules under section 58(1) of this Act; and those rules shall require the assistance of one or more assessors and, if any question as to the cancellation or suspension of an officer’s certificate is likely, the assistance of not less than two assessors.”; and

(b) in subsection (4), for “casualty” substitute “accident”.

3 In section 58(1) (rules as to inquiries etc.), for “55” substitute “56”.

4 In section 67 (application of sections 62 to 66 to masters), for “66” substitute “64”.

5 In section 95 (fishing vessels)—

(a) in subsection (1), for “sections 6 and 30(a) and (b)” substitute “section 6”; and

(b) for subsection (6) substitute—

“(6) In this Act “fishing vessel” means a fishing vessel within the meaning of Part II of the Merchant Shipping Act 1988.”