PART 4The safety investigation and inspectors’ powers

CHAPTER 7Inspectors’ powers in relation to witnesses and the release of evidence

Release of evidence to owner27.

(1)

This regulation applies where property is held by SAIA in a hangar, or in any other facility which is being used by SAIA, for the purposes of a safety investigation.

(2)

Subject to paragraph (5), where any such property is no longer required for the purposes of the safety investigation SAIA must inform the owner of the property, by serving a notice in writing, that it will be released to that owner at the place and date specified in the notice and in accordance with any other arrangements that are specified in the notice.

(3)

An owner on whom such a notice is served must collect the property in accordance with the arrangements specified in the notice (or in accordance with any alternative arrangements that the owner agrees in writing with SAIA), failing which—

(a)

SAIA may make arrangements for the destruction or disposal of the property, and

(b)

the reasonable costs of such destruction or disposal will be recoverable from the owner as a debt due to the Secretary of State9.

(4)

Notice served pursuant to paragraph (2)—

(a)

must not specify a date for collection of the property earlier than one month beginning with the date on which the notice was served, and

(b)

must include a warning that a failure by the owner to collect the property on the date specified in the notice (or such other date that the owner agrees in writing with SAIA) will entitle SAIA to make arrangements for the destruction or disposal of the property and that the reasonable costs of destruction or disposal will be recoverable from the owner as a debt due to the Secretary of State.

(5)

Where any property referred to in paragraph (1) is no longer required for the purposes of the safety investigation and SAIA is satisfied that a person, body or authority (other than the owner) is entitled (under statutory or common law powers that apply in any part of the United Kingdom) to collect that property for the purposes of another investigation and has confirmed their intention to do so—

(a)

paragraph (2) does not apply to that property, and

(b)

SAIA must release it to that person, body or authority and inform the owner of the property, by serving a notice in writing, that it has been so released.