Merchant Shipping (Formal Investigations) Rules 1985
| Jurisdiction | UK Non-devolved |
1985 No. 1001
MERCHANT SHIPPING
The Merchant Shipping (Formal Investigations) Rules 1985
Made 1st July 1985
Laid before Parliament 10th July 1985
Coming into Operation 1st August 1985
The Secretary of State for Transport, in exercise of powers conferred by section 58(1) and (2) of the Merchant Shipping Act 1970 and now vested in him1, and of all other powers enabling him in that behalf, hereby makes the following Rules:—
Commencement and interpretation
1. These Rules may be cited as the Merchant Shipping (Formal Investigations) Rules 1985 and shall come into operation on 1st August 1985.
2.—(1) In these Rules, unless the context otherwise requires:—
“” means
“” means
“” means2
“” means3
“” means
“” means4
“” means
“” means
(2) Any period of time specified in these Rules by reference to days shall be exclusive of the first day and inclusive of the last day unless the last day falls on a Saturday, Sunday, Christmas Day, Good Friday or any day appointed by law to be a bank holiday in that part of the United Kingdom where the formal investigation is to be held, in which case the time shall be reckoned exclusively of that day also.
Application
3. These Rules apply to any formal investigation and to any re-hearing of such a formal investigation under section 57 of the Act of 1970 which is not held by the High Court or the Court of Session.
Wreck Commissioner and Assessors
4.—(1) Where it appears to the Secretary of State that a formal investigation should be held into the circumstances or causes of, or into any particular matter relating to, a shipping casualty or incident, he may direct that a formal investigation be held and conducted in accordance with these Rules by a wreck commissioner. The wreck commissioner shall be assisted by one or more assessors appointed by the Lord Chancellor if the formal investigation is to be held in England, Wales or Northern Ireland or, if the formal investigation is to be held in Scotland, by the Lord Advocate.
(2) The Lord Chancellor shall maintain a list of assessors who have the qualifications set out in the Schedule hereto and may, at any time, add or withdraw the name of any person to or from the list.
(3) If any question as to the cancellation or suspension of an officer's certificate is likely to arise, the wreck commissioner shall be assisted by not less than two assessors:—
(a)
(a) two of whom shall be, in the case of a master or deck officer, mercantile marine masters;
(b)
(b) one of whom shall be, in the case of a marine engineer officer, a mercantile marine engineer, and one a mercantile marine master;
(c)
(c) one of whom shall be, in the case of a fishing vessel officer, a mercantile marine master and one a fishing vessel skipper.
(4) In any case in which paragraph (3) above applies, wherever possible at least one of the assessors appointed shall have had experience in the same capacity and in the same type of ship as the officer concerned.
Notice of Investigation and Parties to the Investigation
5.—(1) When the Secretary of State causes a formal investigation to be held, he shall cause a notice, in these Rules called a “”
(2) The notice of investigation shall contain:—
(a)
(a) a statement of the facts giving rise to the formal investigation;
(b)
(b) a statement of the questions which the Secretary of State intends to raise at the formal investigation.
At any time before or during the hearing of the formal investigation the Secretary of State may amend, add to or omit any of the questions contained in the notice of investigation.
(3) The Secretary of State shall as far as practicable cause every party to the formal investigation to be given not less than 30 days notice of the time of and the date when and the place where the hearing of the formal investigation will commence;
provided that such notice shall not be required to be given to any person who is made a party pursuant to Rule 6 of these Rules after the date of the hearing has been fixed.
(4) If at any time during the preparation for the formal investigation it appears likely to the Secretary of State that the conduct of any person will be in issue, the Secretary of State shall cause that person to be notified to that effect.
(5) Service of any notice or other document issued under this Rule may be effected either personally or by registered post or by the recorded delivery service to the person's last known address.
6. Any person who is not already a party to a formal investigation may, with the leave of the wreck commissioner, become a party to the formal investigation. Application for such leave may be made to the wreck commissioner at any time before or during the formal investigation.
Evidence and Procedure
7.—(1) Without prejudice to the admission of documents as secondary evidence allowed by statute or otherwise, affidavits, statutory declarations and other written evidence shall, unless the wreck commissioner considers it unjust, be admitted as evidence at the formal investigation.
(2) A party may give to any other party notice in writing to admit any documents (saving all just exceptions), and in case of neglect or refusal to admit after such notice, the party so neglecting or refusing shall be liable for all the costs of proving the documents, whatever may be the result, unless the wreck commissioner is of opinion that the refusal to admit was reasonable; and...
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