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7.—(1) In the case of a serious marine casualty, in relation to a vessel covered by the Directive, the Chief Inspector must carry out a preliminary assessment in order to decide whether or not to undertake a safety investigation.
(2) When carrying out a preliminary assessment the Chief Inspector must take into account, but need not be limited to;
(a)the seriousness of the accident;
(b)the type of vessel and or cargo involved;
(c)the potential for the findings of a safety investigation to lead to the prevention of future accidents.
(3) Where the Chief Inspector decides not to undertake a safety investigation into a serious marine casualty in relation to a vessel covered by the Directive, the reasons for that decision shall be recorded and notified to the European Commission.
(4) For the purposes of a preliminary assessment the powers in section 259 of the Act shall apply.
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