The Merchant Shipping (Accident Reporting and Investigation) Regulations 2012

Recommendations U.K.

16.—(1) The Chief Inspector may at any time make recommendations as to how future accidents may be prevented.

(2) The actions recommended shall be addressed to those persons who, in the opinion of the Chief Inspector, are most fitted to implement them.

(3) Recommendations shall be made publicly available if the Chief Inspector considers that to do so is in the interests of safety or preventing pollution.

(4) Any person to whom a recommendation is addressed in accordance with paragraph (2) must, as soon as is reasonably practical—

(a) take that recommendation into consideration;

(b) send to the Chief Inspector—

(i) details of the measures, if any, that they have taken or propose to take to implement recommendations, and the timetable for securing that implementation, or

(ii) an explanation as to why the recommendation is not to be the subject of measures to be taken to implement it,

and any details or timetable under (i) or explanation under (ii) must be provided to the Chief Inspector within 30 days following receipt of the recommendation; and

(c) give notice to the Chief Inspector if at any time any information provided to the Chief Inspector in accordance with paragraph (4)(b)(i) concerning the measures they propose to take or the timetable for securing their implementation is rendered inaccurate by any change of circumstances.

(5) Subject to paragraphs (6) and (7) the Chief Inspector must, annually or at such other intervals as the Chief Inspector sees fit, make information publicly available in respect of the matters, including any explanation, mentioned in paragraphs (4)(b) and (c) which have been communicated to the Chief Inspector and must inform the Secretary of State of those matters.

(6) The Chief Inspector must not publish information under paragraph (5) unless notification has been sent to all persons mentioned in the information and the Chief Inspector has considered any representations relating to the information which may have been made in accordance with paragraph (7) by or on behalf of any person so notified, and amended the information in such manner as the Chief Inspector thinks fit.

(7) Any representations made in accordance with paragraph (6) must be in writing and must be served on the Chief Inspector within 30 days of receipt of the notification referred to in that paragraph or within such further period as may be allowed under regulation 17.

(8) Without prejudice to paragraph (1) if the Chief Inspector is of the view that at any stage of a safety investigation, urgent action is required to be taken so as to prevent the risk of further accidents occurring then the Chief Inspector may inform the European Commission as soon as possible as regards what urgent action should be taken by member States or other States or other relevant parties.