These Rules prescribe the procedure to be followed at any inquiry under section 52 of the Merchant Shipping Act 1970 into the fitness or conduct of an officer and at any re-hearing of such an inquiry which is not held by the High Court or Court of Session. Notice of the inquiry must be served by the Secretary of State on the officer concerned (rule 4(1)) and the inquiry is to be held in public (rule 6(3)). The person appointed to hear the inquiry should be assisted by one or more assessors (rule 5(1)). He is required to announce his decision in public at the end of the inquiry or as soon as possible thereafter and to make a report to the Secretary of State. An assessor may sign the report with or without reservations (rule 8).
Section 57 of the 1970 Act provides for the re-hearing of inquiries if new or important evidence is discovered, or there are other grounds for suspecting that a miscarriage of justice may have occurred, and for an appeal to the High Court or Court of Session where the certificate of any person has been cancelled or suspended or any person has been found to be at fault by the person holding the inquiry.