The Merchant Shipping (Accident Reporting and Investigation) Regulations 2012

Reports of safety investigations

14.—(1) Subject to paragraph (4), the Chief Inspector must submit to the Secretary of State a report of any safety investigation conducted in accordance with regulation 11.

(2) The Chief Inspector must make every effort to make a report of a safety investigation publicly available—

(a) in the shortest possible time or within 12 months of the date of an accident being notified to the Chief Inspector, and

(b) in the case of a report to which the Directive applies, if it is not possible to produce such a report within that time, an interim report must be published within 12 months of the date of the accident being notified to the Chief Inspector.

(3) A report in relation to an accident to which the Directive applies must contain but need not be limited to—

(a) the information set out in Annex 1 of the Directive;

(b) conclusions relating to the facts of the evidence;

(c) where the facts cannot be clearly established, analysis and professional judgement to determine the probable facts;

(d) recommendations for future safety where appropriate.

(4) A report must not be made publicly available until the Chief Inspector has—

(a) served a notice under this regulation upon any person who, or organisation which, could be adversely affected by the report or, if that person is deceased, upon such person or persons as appear to the Chief Inspector, at the time it is proposed to serve notice in accordance with this paragraph, as best to represent the interests and reputation of the deceased in the matter;

(b) considered the representations relating to the facts or analysis contained in the report which may be made to the Chief Inspector in accordance with—

(i) paragraph (6) by or on behalf of the persons served with such notice , or

(ii) paragraph (7),

and the report must be amended in such manner as the Chief Inspector thinks fit.

(5) The notice referred to in paragraph (4)(a) shall be accompanied by a draft copy of the report.

(6) The representations referred to in paragraph (4)(b) must be in writing and must be served on the Chief Inspector within 30 days of service of the notice referred to in paragraph (4)(b) or within such further period as may be allowed under regulation 17.

(7) When a Substantially Interested State requests the Chief Inspector to supply it with a draft safety investigation report the Chief Inspector must not do so unless that State has agreed, in writing to comply with the provisions of Chapter 13 of the IMO Code(1).

(8) Where the Chief Inspector is of the view that a safety investigation will not have the potential to lead to the prevention of future accidents then a simplified report may be published in such manner as the Chief Inspector thinks fit.

(9) For the purposes of regulation 14(2) a report may be published in such manner as the Chief Inspector sees fit.

(10) Subject to any Court order under regulation 13, no person shall disclose any information—

(a) which has been furnished to them in accordance with paragraph (4) of this regulation; or

(b) which has otherwise been furnished to them by or on behalf of the Chief Inspector in advance of the publication of a report and whose confidentiality is protected by regulation 13,

or permit such information to be disclosed, except with the prior consent in writing of the Chief Inspector, to any other person, except to such advisers as are necessary in order to make representations to the Chief Inspector referred to in paragraph (4)(b), and those advisers must be similarly be subject to the duty not to disclose the information or permit it to be disclosed.

(11) A copy of the report when made publicly available must be given by the Chief Inspector to—

(a) any person who has been served with a notice in accordance with paragraph (4)(a);

(b) those persons or bodies to whom recommendations have been addressed in that report;

(c) the Secretary of State;

(d) the IMO;

(e) any person or organisation whom the Chief Inspector considers may find the report useful or of interest; and

(f) the European Commission, where the report pertains to Directive vessels or where the Chief Inspector deems it appropriate.

(12) Data will be provided to the EMCIP in accordance with the requirements of Article 17 of the Directive.

(13) Where an inquest or fatal accident inquiry is to be held following an accident which has been subject to a safety investigation, a draft report may be made available in confidence to the coroner or procurator fiscal by the Chief Inspector.

(14) If any part of any document or analysis it contains to which this paragraph applies is based on information obtained in accordance with an inspector’s powers under sections 259 and 267(8) of the Act, that part is inadmissible in any judicial proceedings whose purpose or one of whose purposes is to attribute or apportion liability or blame unless a Court, having regard to the factors mentioned in regulation 13(5)(b) or (c), determines otherwise.

(15) For the purposes of paragraph (14) the documents are any publication produced by the Chief Inspector as a result of a safety investigation.

(16) For the purposes of these Regulations where any inspector is required to attend judicial proceedings the inspector is not required to provide opinion evidence or analysis of information provided to them, or to provide information obtained in accordance with an inspector’s powers under sections 259 and 267(8) of the Act where the purpose or one of the purposes of those proceedings is to attribute or apportion liability or blame unless a Court, having regard to all the factors mentioned in regulation 13(5)(b) or (c) determines otherwise.

(17) In this regulation “judicial proceedings” includes any civil or criminal proceedings before any Court, or person having by law the power to hear, receive and examine evidence on oath.

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MSC-MEPC.3/Circ.2 Annex Page 12 Draft Marine Safety Investigation Reports