http://www.legislation.gov.uk/id/uksi/1989/2062

http://www.legislation.gov.uk/uksi/1989/2062/regulation/16/made

The Civil Aviation (Investigation of Air Accidents) Regulations 1989

Accidents at work

Health and safety investigations

King's Printer of Acts of Parliament

2024-05-21

CIVIL AVIATION

These Regulations re-enact the Civil Aviation (Investigation of Accidents) Regulations 1983 with amendments. Some minor and drafting amendments have been made. The principal changes are–The division of investigations by Inspectors into formal investigations which are the subject of a report to the Secretary of State and field investigations following which information on the accident is to be submitted to the CAA (regulations 2, 10 and 11).The insertion of a new definition of “serious injury” to conform with the definition in Annex 13 (seventh edition) to the Chicago Convention (regulation 2).The extension of the scope of the Regulations to accidents involving aircraft not registered in the United Kingdom occurring outside the United Kingdom to enable evidence to be obtained in respect of any such accident in order to assist the state conducting an investigation into the accident, in conformity with Annex 13 (seventh edition) to the Chicago Convention (regulations 3 and 21).The prohibition of disclosure of the contents of a notice or Inspector’s report served under regulation 12 without the prior consent of the Chief Inspector (regulation 12)The introduction of a requirement that a person requesting a review board shall include in the notice of review the reasons why he claims that his reputation is likely to be adversely affected by the report (regulation 13).The procedure at the preliminary meeting of the Review Board is amended so that the meeting may be held in private and the Review Board may decide at the meeting not to proceed with the review (regulation 14).At the hearing of the review the person requesting the review shall present his case first. The Review Board’s power to make an order as to costs against a person appearing at the review is extended to include the costs of any other person appearing at the review (regulation 15).Consequent on the introduction of a power in regulation 14 for the Review Board to decide not to proceed with the review at the preliminary hearing the Secretary of State is given power to direct that the review be proceeded with (regulation 17).

The Civil Aviation (Investigation of Air Accidents) Regulations 1989

Act

The Civil Aviation (Investigation of Air Accidents and Incidents) Regulations 1996

reg.19

PART IIREVIEW BOARD

Publication of Reports16

The Secretary of State shall, unless in his opinion there are good reasons to the contrary, cause the Inspector’s report and, where a Review Board has been held, the report of the Review Board, to be made public wholly or in part in such manner as he thinks fit:

Provided that–

i

in any case where notice has been served under regulation 12(1) above, the Inspector’s report shall not be published before the expiry of the time for service of a notice of review under regulation 13(1) above; and

ii

save where a review is totally discontinued under regulation 15(5) above, in any case where a Review Board is held, the Inspector’s report shall not be published until the Review Board has made a report to the Secretary of State under regulation 15(9) above.