The Merchant Shipping (Accident Investigation)Regulations 1989

Report of Inspector’s Inquiry

9.—(1) Subject to paragraph (4) below, where an Inspector’s Inquiry has taken place, the Chief Inspector shall make a report to the Secretary of State (in the remainder of this regulation referred to as “the Report”) which shall include the inspector’s findings and his own observations thereon and any recommendations which he considers appropriate.Subject to paragraphs (2) and (3) below, the Secretary of State, unless he orders a Formal Investigation under section 56 of the Merchant Shipping Act 1970(1), may publish the Report if he thinks fit and shall do so if—

(a) it appears to him that to do so will improve the safety of life at sea and help to prevent accidents in the future; or

(b) it relates to a serious casualty to a United Kingdom ship;unless in his opinion there is good reason to the contrary.

(2) Where the Report or any investigation indicates that there may have been a breach of the law and that prosecution of the suspected offender should be considered, the Report shall not be published until either prosecution, including any appeal, has been concluded or it has been decided not to prosecute.

(3) Where an Inquiry under section 52 of the Merchant Shipping Act 1970 into the conduct of a Certificated Officer, or action by the Secretary of State under section 53 of that Act in respect of the holder of a certificate other than an officer's, is under consideration then the Report shall not be published until proceedings under either of the said sections have been completed or it has been decided not to pursue such proceedings.

(4) Except when a Formal Investigation has been ordered, or where paragraphs (2) or (3) above apply, if in the opinion of the Chief Inspector the reputation of any person is likely to be adversely affected by the Report then it shall not be submitted to the Secretary of State until—

(a) that person (or if that person be deceased, then such person as appears to the Chief Inspector best to represent that person’s interest) is served with a copy of the Report or that part of it which affects him; and

(b) that person or his representative has been given a period of 28 days to make representations to the Chief Inspector either in person or in writing; and

(c) the Chief Inspector has considered any such representations and has notified the person concerned or his representative of his conclusions on them, and of what changes, if any, he intends to make to the Report; and

(d) the person or his representative has been given a further period of 28 days in which he may submit to the Chief Inspector an alternative text for any passages in the Report which remain in issue.

(5) The Chief Inspector shall on submitting the Report to the Secretary of State in addition shall refer to any service of the Report under paragraph (4) of this regulation and shall set out the substance of any representations made in response, together with his conclusions and a record of any action he has taken. He shall also quote in full any alternative texts submitted under paragraph (4)(d) above; and if the Secretary of State decides to publish the Report he shall publish any such texts with it as an Appendix, unless in his opinion there is good reason not to do so.

(6) The Chief Inspector shall forward any recommendations contained in the Report to those persons or bodies who in his opinion are most fitted to implement them.

(7) Notwithstanding the preceding paragraphs of this regulation, the Chief Inspector may at any time during the course of an investigation release information and recommendations if in his opinion it is necessary or desirable to do so in the interests of safety.

(1)

1970 c. 36; section 56 was amended by the Merchant Shipping Act 1988, Schedules 5 and 6.