Merchant Shipping Act 1970

56 Formal investigation into shipping casualty

(1) A wreck commissioner or sheriff holding a formal investigation into a casualty under section 55 of this Act shall conduct it in accordance with rules under section 58(1) of this Act, and those rules shall require the assistance of one or more assessors and, if any question as to the cancellation or suspension of an officer's certificate is likely to arise, the assistance of not less than two assessors.

(2) Subsections (1), (3) and (4) of section 77 of the [1952 c. 55.] Magistrates' Courts Act 1952 (which provide for the attendance of witnesses and the production of evidence) shall apply in relation to a formal investigation held by a wreck commissioner as if the wreck commissioner were a magistrates' court and the investigation a complaint; and the wreck commissioner shall have power to administer oaths for the purposes of the investigation.

(3) Where a formal investigation is held in Scotland the sheriff shall, subject to any rules made under section 58(1) of this Act, dispose of it as a summary application, and, subject to section 57 of this Act, his decision on the investigation shall be final.

(4) If as a result of the investigation the wreck commissioner or sheriff is satisfied, with respect to any officer, of any of the matters mentioned in paragraphs (a) to (c) of section 52(1) of this Act and, if it is a matter mentioned in paragraph (a) or (b) of that section, is further satisfied that it caused or contributed to the casualty, he may cancel or suspend any certificate issued to the officer under section 43 of this Act or censure him; and if he cancels or suspends the certificate the officer shall deliver it forthwith to him or to the Board of Trade.

(5) The wreck commissioner or sheriff may make such order with regard to the costs of the investigation as he thinks just and shall make a report on the case to the Board of Trade.

(6) Any costs which a person is ordered to pay under the preceding subsection may be recovered from him by the Board of Trade.

(7) In its application to Northern Ireland this section shall have effect as if in subsection (2) for the references to subsections (1), (3) and (4) of section 77 of the [1952 c. 55.] Magistrates' Courts Act 1952 there were substituted references to subsections (1) and (3) of section 120 and subsection (1) of section 122 of the [1964 c. 21 (N.I.).] Magistrates' Courts Act (Northern Ireland) 1964.