Search Legislation

The Merchant Shipping (Accident Reporting and Investigation) Regulations 2012

Changes over time for: Section 14

 Help about opening options

Version Superseded: 31/12/2020

Alternative versions:

Status:

Point in time view as at 31/12/2013. This version of this provision has been superseded. Help about Status

Close

Status

You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.

Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.

Changes to legislation:

There are currently no known outstanding effects for the The Merchant Shipping (Accident Reporting and Investigation) Regulations 2012, Section 14. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

Reports of safety investigationsU.K.

This section has no associated Explanatory Memorandum

14.—(1) Subject to paragraph (4), the Chief Inspector must submit to the Secretary of State a report of any safety investigation conducted in accordance with regulation 11.

(2) The Chief Inspector must make every effort to make a report of a safety investigation publicly available—

(a)in the shortest possible time or within 12 months of the date of an accident being notified to the Chief Inspector, and

(b)in the case of a report to which the Directive applies, if it is not possible to produce such a report within that time, an interim report must be published within 12 months of the date of the accident being notified to the Chief Inspector.

(3) A report in relation to an accident to which the Directive applies must contain but need not be limited to—

(a)the information set out in Annex 1 of the Directive;

(b)conclusions relating to the facts of the evidence;

(c)where the facts cannot be clearly established, analysis and professional judgement to determine the probable facts;

(d)recommendations for future safety where appropriate.

(4) A report must not be made publicly available until the Chief Inspector has—

(a)served a notice under this regulation upon any person who, or organisation which, could be adversely affected by the report or, if that person is deceased, upon such person or persons as appear to the Chief Inspector, at the time it is proposed to serve notice in accordance with this paragraph, as best to represent the interests and reputation of the deceased in the matter;

(b)considered the representations relating to the facts or analysis contained in the report which may be made to the Chief Inspector in accordance with—

(i)paragraph (6) by or on behalf of the persons served with such notice , or

(ii)paragraph (7),

and the report must be amended in such manner as the Chief Inspector thinks fit.

(5) The notice referred to in paragraph (4)(a) shall be accompanied by a draft copy of the report.

(6) The representations referred to in paragraph (4)(b) must be in writing and must be served on the Chief Inspector within 30 days of service of the notice referred to in paragraph (4)(b) or within such further period as may be allowed under regulation 17.

(7) When a Substantially Interested State requests the Chief Inspector to supply it with a draft safety investigation report the Chief Inspector must not do so unless that State has agreed, in writing to comply with the provisions of Chapter 13 of the IMO Code M1.

(8) Where the Chief Inspector is of the view that a safety investigation will not have the potential to lead to the prevention of future accidents then a simplified report may be published in such manner as the Chief Inspector thinks fit.

(9) For the purposes of regulation 14(2) a report may be published in such manner as the Chief Inspector sees fit.

(10) Subject to any Court order under regulation 13, no person shall disclose any information—

(a)which has been furnished to them in accordance with paragraph (4) of this regulation; or

(b)which has otherwise been furnished to them by or on behalf of the Chief Inspector in advance of the publication of a report and whose confidentiality is protected by regulation 13,

or permit such information to be disclosed, except with the prior consent in writing of the Chief Inspector, to any other person, except to such advisers as are necessary in order to make representations to the Chief Inspector referred to in paragraph (4)(b), and those advisers must be similarly be subject to the duty not to disclose the information or permit it to be disclosed.

(11) A copy of the report when made publicly available must be given by the Chief Inspector to—

(a)any person who has been served with a notice in accordance with paragraph (4)(a);

(b)those persons or bodies to whom recommendations have been addressed in that report;

(c)the Secretary of State;

(d)the IMO;

(e)any person or organisation whom the Chief Inspector considers may find the report useful or of interest; and

(f)the European Commission, where the report pertains to Directive vessels or where the Chief Inspector deems it appropriate.

(12) Data will be provided to the EMCIP in accordance with the requirements of Article 17 of the Directive.

(13) Where an inquest or fatal accident inquiry is to be held following an accident which has been subject to a safety investigation, a draft report may be made available in confidence to the coroner or procurator fiscal by the Chief Inspector.

(14) If any part of any document or analysis it contains to which this paragraph applies is based on information obtained in accordance with an inspector's powers under sections 259 and 267(8) of the Act, that part is inadmissible in any judicial proceedings whose purpose or one of whose purposes is to attribute or apportion liability or blame unless a Court, having regard to the factors mentioned in regulation 13(5)(b) or (c), determines otherwise.

(15) For the purposes of paragraph (14) the documents are any publication produced by the Chief Inspector as a result of a safety investigation.

(16) For the purposes of these Regulations where any inspector is required to attend judicial proceedings the inspector is not required to provide opinion evidence or analysis of information provided to them, or to provide information obtained in accordance with an inspector's powers under sections 259 and 267(8) of the Act where the purpose or one of the purposes of those proceedings is to attribute or apportion liability or blame unless a Court, having regard to all the factors mentioned in regulation 13(5)(b) or (c) determines otherwise.

(17) In this regulation “judicial proceedings” includes any civil or criminal proceedings before any Court, or person having by law the power to hear, receive and examine evidence on oath.

Marginal Citations

M1MSC-MEPC.3/Circ.2 Annex Page 12 Draft Marine Safety Investigation Reports

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Memorandum

Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Impact Assessments

Impact Assessments generally accompany all UK Government interventions of a regulatory nature that affect the private sector, civil society organisations and public services. They apply regardless of whether the regulation originates from a domestic or international source and can accompany primary (Acts etc) and secondary legislation (SIs). An Impact Assessment allows those with an interest in the policy area to understand:

  • Why the government is proposing to intervene;
  • The main options the government is considering, and which one is preferred;
  • How and to what extent new policies may impact on them; and,
  • The estimated costs and benefits of proposed measures.
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources