The Civil Aviation (Investigation of Air Accidents) Regulations 1989

Reopening of Investigation or Review

17.—(1) In the case of any formal investigation which has not been the subject of a review, the Chief Inspector may cause the investigation to be reopened, and in the case of a review, including a review which has been discontinued under regulation 15(6), the Secretary of State may direct the review to be reheard or, if a decision has been reached under regulation 14(4) not to proceed with the review, may direct the review to be proceeded with, in each case either generally or as to any part thereof, and the Chief Inspector or the Secretary of State, as the case may be, shall do so–

(a) if after the completion of the investigation or the completion or curtailment of the review evidence has been disclosed which is in his opinion both new and important, or

(b) if for any other reason there is in his opinion ground for suspecting that a miscarriage of justice has occurred.

(2) If the Secretary of State directs any review to be reheard or proceeded with the Lord Chancellor may direct that the review shall be reheard or proceeded with either by the Review Board by whom it was heard or to which it had been entrusted in the first instance or by some other Review Board appointed by him to hold the rehearing.

(3) Any investigation reopened or review reheard or proceeded with shall be subject to and conducted in accordance with the provisions of these Regulations relating to a formal investigation or review thereof as the case may be.