The Merchant Shipping (Accident Reporting and Investigation) Regulations 1994

Report of Inspector’s Inquiry

9.—(1) (a) Subject to paragraph (4) below, where an Inspector’s Inquiry has taken place, the Chief Inspector shall make a report to the Secretary of State (in the remainder of this regulation referred to as “the Report”) which shall include the Inspector’s findings as to cause and his own observations thereon and any recommendations which he considers appropriate.

(b) Subject to paragraphs (2) and (3) below, the Secretary of State unless he orders a formal investigation under section 56 of the Merchant Shipping Act 1970(1), may publish the Report if he thinks fit and shall do so if—

(i) it appears to him that to do so will improve the safety of life at sea and help to prevent accidents in the future; or

(ii) it relates to a serious casualty to a United Kingdom ship

unless in his opinion there is good reason to the contrary.

(2) If the prosecution of any person in connection with the accident is under consideration, the Secretary of State may at his discretion withhold publication until either the prosecution, including any appeal, has been concluded or it has been decided not to prosecute.

(3) Where the Secretary of State has under consideration whether to cause an inquiry to be held under section 52 of the Merchant Shipping Act 1970 into the conduct of a certificated officer, or to take action under section 53 of that Act in respect of the holder of a certificate other than an officer's, then he may at his discretion withhold publication until proceedings under either of the said sections have been completed or it has been decided not to pursue such proceedings.

(4) Except where a formal investigation has been ordered, if in the opinion of the Chief Inspector the reputation of any person is likely to be adversely affected by the Report then it shall not be submitted to the Secretary of State until:

(a) that person (or if that person be deceased, then such person as appears to the Chief Inspector best to represent that person’s interest) has been served with a copy of the Report or that part of it which affects him; and

(b) that person or his representative has been given a period of 28 days to make representations to the Chief Inspector either in person or in writing; and

(c) the Chief Inspector has considered any such representations and has notified the person concerned or his representative of his conclusions on them, and of what changes, if any, he intends to make to the Report; and

(d) the person or his representative has been given a further period of 28 days in which he may submit to the Chief Inspector an alternative text for any passages in the Report which are critical of the person and remain in issue.

(5) No person shall disclose any information furnished him pursuant to paragraph (4) above, or permit such information to be disclosed, to any other person, save with the prior consent in writing of the Chief Inspector.

(6) The Chief Inspector on submitting the Report to the Secretary of State shall refer to any service of the Report or part of it under paragraph (4) of this regulation and shall set out the substance of any representations made in response, together with his conclusions and a record of any action he has taken. He shall also quote in full any alternative texts submitted under paragraph (4)(d) above; and if the Secretary of State decides to publish the Report he shall publish any such texts with it as an Appendix, unless in his opinion there is good reason not to do so.

(1)

S.I. 1993/1072.