Merchant Shipping (Section 52 Inquiries) Rules 1982
| Jurisdiction | UK Non-devolved |
| Citation | SI 1982/1752 |
| Year | 1982 |
1982 No. 1752
MERCHANT SHIPPING
MASTERS AND SEAMEN
The Merchant Shipping (Section 52 Inquiries) Rules 19826thDecember 1982
10thDecember 1982
1stJanuary 1983
The Secretary of State, in exercise of powers conferred by section 58(1) and (2) of the Merchant Shipping Act 1970(a) and now vested in him(b) 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 (Section 52 Inquiries) Rules 1982 and shall come into operation on 1st January 1983.
2.—(1) In these Rules, unless the context otherwise requires:
"the Act of 1970" means the Merchant Shipping Act 1970;
"allegation" means an allegation by the Secretary of State that an officer's fitness or conduct falls within section 52(1)(a) to (c) of the Act of 1970;
"officer" means an officer qualified for the purposes of section 43 of the Act of 1970(c) and includes a master, skipper, mate, second hand, deck officer, marine engineer officer, radio officer and doctor;
"person appointed" means the person or persons appointed by the Secretary of State to hold a section 52 inquiry;
"a section 52 inquiry" means an inquiry into the fitness or conduct of an officer under section 52 of the Act of 1970(d).
(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 inquiry is to be held, in which case the time shall be reckoned exclusively of that day also.
(a) 1970 c. 36.
(b) See S.I. 1970/1537.
(c) Section 43 was amended by section 37(2) and (3) of the Merchant Shipping Act 1979 (c. 39).
(d) Section 52(3) was amended by section 37(4) of the Merchant Shipping Act 1979.
Application
3. These rules apply to any section 52 inquiry, and to any re-hearing of such an inquiry under section 57 of the Act of 1970 which is not held by the High Court or the Court of Session.
Notice of Inquiry
4.—(1) When the Secretary of State causes a section 52 inquiry to be held, he shall cause a notice, in these Rules called a "notice of inquiry", to be served on the officer concerned who shall be made a party to the inquiry. Service of such a notice shall be effected at least 30 days before the date fixed for the inquiry either by serving the officer concerned personally...
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