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

Notice of Inspector’s Report and Representations thereon

12.—(1) No report which is required by regulation 13 to be published shall be so published if, in the investigating Inspector’s opinion, it is likely to affect adversely the reputation of any person, until the investigating Inspector has—

(a) where it appears to him to be practicable so to do, served a notice under this regulation upon that person, or if that person is a deceased individual, upon the person who appears to him, at the time he proposes to serve notice pursuant to this paragraph, to represent best the interest of the deceased in the matter; and

(b) made such changes to the report as he thinks fit following his consideration of any representations which may be made to him in accordance with paragraph (3) below by or on behalf of the person served with such notice.

(2) The notice referred to in sub-paragraph (a) of paragraph (1) above shall include particulars of any proposed analysis of facts and conclusions as to the cause or causes of the accident or incident which may affect the person on whom or in respect of whom the notice is served.

(3) Any representations made pursuant to sub-paragraph (b) of paragraph (1) above shall be in writing and shall, subject to paragraph (6) below, be served on the investigating Inspector within 28 days of service of the notice referred to in sub-paragraph (a) of paragraph (1) above.

(4) A copy of the report submitted to the Secretary of State under regulation 11(6) above shall be served by the investigating Inspector on any person who has been served with a notice pursuant to paragraph (1) above.

(5) No person shall disclose or permit to be disclosed any information contained in an notice or report served on him pursuant to paragraphs (1) or (4) above to any other person without the prior consent in writing of the Chief Inspector.

(6) The Chief Inspector shall have power to extend the period of 28 days prescribed in paragraph (3) above and this power shall be exercisable notwithstanding that that period has expired.

(7) In this regulation the expression “investigating Inspector” in a case where more than one Inspector is carrying out the task of investigation means the Inspector nominated under regulation 8(10) above.