The Merchant Shipping (Accident Reporting and Investigation) Regulations 2012

Disclosure of records U.K.

13.—(1) Subject to the following paragraphs, the names, addresses or other details of anyone who has given evidence to an inspector must not be disclosed.

(2) Subject to paragraphs (4) and (7) the following documents or records whether held electronically, mechanically or otherwise must not be made available for purposes other than a safety investigation, unless a Court orders otherwise—

(a) subject to paragraph (3), all declarations or statements taken from persons by an inspector or supplied to an inspector in the course of an investigation, together with any notes or recordings of witness interviews;

(b) medical or confidential information regarding persons involved in an accident;

(c) any report made under regulation 6(4);

(d) copies of the report other than the final report except as mentioned in [F1 regulation 14(4)(a) or (5)];

(e) all correspondence received by the Chief Inspector from parties involved in a safety investigation;

(f) evidence from voyage data recorders;

(g) the notes made by an inspector or person appointed under regulation 11(2), whether written or held electronically along with any recordings or photographs;

(h) all communications between persons having been involved in the operation of the ship or ships; and

(i) Inspector's opinions expressed in the analysis of information.

(3) A person who has given a declaration or statement to an inspector in the course of a safety investigation may make available a copy of their statement or declaration to another person as they see fit.

(4) Any independent technical analysis commissioned by the Chief Inspector and opinions expressed in such analysis may be made publicly available if the Chief Inspector considers it appropriate to do so.

(5) Subject to paragraph (6), no order must be made under paragraph (2) unless the Court is satisfied, having regard to the views of the Chief Inspector, that the interests of justice in disclosure outweigh any prejudice, or likely prejudice, to—

(a) the safety investigation into the accident to which the document or record relates;

(b) any future accident safety investigation undertaken in the United Kingdom; or

(c) relations between the United Kingdom and any other State, or international organisation.

(6) The provisions of this regulation shall be without prejudice to any rule of law which authorises or requires the withholding of any document or record or part thereof on the ground that disclosure of it would be injurious to the public interest.

(7) Copies of information obtained from a voyage recorder or from other recording systems, pertinent to the accident, including voice recordings (other than any recordings mentioned in paragraph (2)(a)), video recordings and other electric or magnetic recordings and any transcripts made from such information or recordings, may be provided at the discretion of the Chief Inspector to the police or other official authorities.

[F2 (8) Information obtained from a voyage data recorder may be provided at the discretion of the Chief Inspector to the ship’s owner.]

Textual Amendments

F1 Words in reg. 13(2)(d) substituted (31.12.2020) by The Merchant Shipping (Accident Reporting and Investigation) and the Railways (Accident Investigation and Reporting) (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1400), regs. 1, 10; 2020 c. 1, Sch. 5 para. 1(1)

F2 Reg. 13(8) inserted (31.12.2013) by The Merchant Shipping (Accident Reporting and Investigation) (Amendment) Regulations 2013 (S.I. 2013/2882), regs. 1, 2(4)