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Merchant Shipping Act 1995

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269 Re-hearing of and appeal from investigations.E+W+S+N.I.

(1)Where a formal investigation has been held under section 268 the Secretary of State may order the whole or part of the case to be re-heard, and shall do so—

(a)if new and important evidence which could not be produced at the investigation has been discovered; or

(b)if there appear to the Secretary of State to be other grounds for suspecting that a miscarriage of justice may have occurred.

(2)An order under subsection (1) above may provide for the re-hearing to be as follows—

(a)if the investigation was held in England, Wales or Northern Ireland, by a wreck commissioner or by the High Court;

(b)if it was held in Scotland, by the sheriff or by the Court of Session.

(3)Any re-hearing under this section which is not held by the High Court or the Court of Session shall be conducted in accordance with rules made under section 270(1); and section 268 shall apply in relation to a re-hearing of an investigation by a wreck commissioner or sheriff as it applies in relation to the holding of an investigation.

(4)Where the wreck commissioner or sheriff holding the investigation has decided to cancel or suspend the certificate of any person or has found any person at fault, then, if no application for an order under subsection (1) above has been made or such an application has been refused, that person or any other person who, having an interest in the investigation, has appeared at the hearing and is affected by the decision or finding, may appeal—

(a)to the High Court if the investigation was held in England, Wales or Northern Ireland;

(b)to the Court of Session if it was held in Scotland.

(5)Section 268(7) applies for the purposes of this section as it applies for the purposes of that section.

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