United Kingdom of Great Britain and Northern Ireland
The Merchant Shipping Act 1995
sections 58, 59, 61, 62, 63, 64, 259, 260, 267, 268, 270, 271, 272, 292
Offences by seamen, etc
Conduct endangering ships, structures or individuals.
58.-(1) This section applies−
(a) to the master of, or any seaman employed in, a United Kingdom ship; and
(b) to the master of, or any seaman employed in, a ship which−
(i) is registered under the law of any country outside the United Kingdom; and
(ii) is in a port in the United Kingdom or within United Kingdom waters while proceeding to or from any such port.
(2) If a person to whom this section applies, while on board his ship or in its immediate vicinity−
(a) does any act which causes or is likely to cause−
(i) the loss or destruction of or serious damage to his ship or its machinery, navigational equipment or safety equipment, or
(ii) the loss or destruction of or serious damage to any other ship or any structure, or
(iii) the death of or serious injury to any person, or
(b) omits to do anything required−
(i) to preserve his ship or its machinery, navigational equipment or safety equipment from being lost, destroyed or seriously damaged, or
(ii) to preserve any person on board his ship from death or serious injury, or
(iii) to prevent his ship from causing the loss or destruction of or serious damage to any other ship or any structure, or the death of or serious injury to any person not on board his ship,
and either of the conditions specified in subsection (3) below is satisfied with respect to that act or omission, he shall (subject to subsections (6) and (7) below) be guilty of an offence.
(3) Those conditions are−
(a) that the act or omission was deliberate or amounted to a breach or neglect of duty;
(b) that the master or seaman in question was under the influence of drink or a drug at the time of the act or omission.
(4) If a person to whom this section applies−
(a) discharges any of his duties, or performs any other function in relation to the operation of his ship or its machinery or equipment, in such a manner as to cause, or to be likely to cause, any such loss, destruction, death or injury as is mentioned in subsection (2)(a) above, or
(b) fails to discharge any of his duties, or to perform any such function, properly to such an extent as to cause, or to be likely to cause, any of those things,
he shall (subject to subsections (6) and (7) below) be guilty of an offence.
(5) A person guilty of an offence under this section shall be liable−
(a) on summary conviction, to a fine not exceeding the statutory maximum;
(b) on conviction on indictment, to imprisonment for a term not exceeding two years or a fine, or both.
(6) In proceedings for an offence under this section it shall be a defence to prove−
(a) in the case of an offence under subsection (2) above where the act or omission alleged against the accused constituted a breach or neglect of duty, that the accused took all reasonable steps to discharge that duty;
(b) in the case of an offence under subsection (2) above, that at the time of the act or omission alleged against the accused he was under the influence of a drug taken by him for medical purposes and either that he took it on medical advice and complied with any directions given as part of that advice or that he had no reason to believe that the drug might have the influence it had;
(c) in the case of an offence under subsection (4) above, that the accused took all reasonable precautions and exercised all due diligence to avoid committing the offence; or
(d) in the case of an offence under either of those subsections−
(i) that he could have avoided committing the offence only by disobeying a lawful command, or
(ii) that in all the circumstances the loss, destruction, damage, death or injury in question, or (as the case may be) the likelihood of its being caused, either could not reasonably have been foreseen by the accused or eould not reasonably have been avoided by him.
(7) In the application of this section to any person falling within subsection (1)(b) above, subsections (2) and (4) above shall have effect as if subsection (2)(a)(i) and (b)(i) above were omitted; and no proceedings for any offence under this section shall be instituted against any such person−
(a) in England and Wales, except by or with the consent of the Secretary of State or the Director of Public Prosecutions;
(b) in Northern Ireland, except by or with the consent of the Secretary of State or the Director of Public Prosecutions for Northern Ireland.
(8) In this section−
“breach or neglect of duty”, except in relation to a master, includes any disobedience to a lawful command;
“duty”−
(a) in relation to a master or seaman, means any duty falling to be discharged by him in his capacity as such; and
(b) in relation to a master, includes his duty with respect to the good management of his ship and his duty with respect to the safety of operation of his ship, its machinery and equipment; and
“structure” means any fixed or movable structure (of whatever description) other than a ship.
Concerted disobedience and neglect of duty.
59.-(1) If a seaman employed in a United Kingdom ship combines with other seamen employed in that ship−
(a) to disobey lawful commands which are required to be obeyed at a time while the ship is at sea;
(b) to neglect any duty which is required to be discharged at such a time; or
(c) to impede, at such a time, the progress of a voyage or the navigation of the ship,
he shall be liable−
(i) on summary conviction, to a fine not exceeding the statutory maximum;
(ii) on conviction on indictment, to imprisonment for a term not exceeding two years or a fine or both.
(2) For the purposes of this section a ship shall be treated as being at sea at any time when it is not securely moored in a safe berth.
PART III
Disqualification of seamen and inquiries
Inquiry into fitness or conduct of officer.
61.-(1) If it appears to the Secretary of State that an officer−
(a) is unfit to discharge his duties, whether by reason of incompetence or misconduct or for any other reason; or
(b) has been seriously negligent in the discharge of his duties; or
(c) has failed to comply with the provisions of section 92;
the Secretary of State may cause an inquiry to be held by one or more persons appointed by him and, if he does so, may, if he thinks fit, suspend, pending the outcome of the inquiry, any certificate issued to the officer in pursuance of section 47 and require the officer to deliver it to him.
(2) Where a certificate issued to an officer has been suspended under subsection (1) above the suspension may, on the application of the officer, be terminated by the High Court or, if the inquiry is held in Scotland, by the Court of Session, and the decision of the court on such an application shall be final.
(3) An inquiry under this section shall be conducted in accordance with rules made under section 65(1) and those rules shall require the persons holding the inquiry to hold it with the assistance of one or more assessors.
(4) The persons holding an inquiry under this section into the fitness or conduct of an officer−
(a) may, if satisfied of any of the matters mentioned in paragraphs (a) to (c) of subsection (1) above, cancel or suspend any certificate issued to him under section 47 or censure him;
(b) may make such order with regard to the costs (or in Scotland expenses) of the inquiry as they think just; and
(c) shall make a report on the case to the Secretary of State;
and if the certificate is cancelled or suspended the officer (unless he has delivered it to the Secretary of State in pursuance of subsection (1) above) shall deliver it forthwith to the persons holding the inquiry or to the Secretary of State.
(5) Any costs (or in Scotland expenses) which a person is ordered to pay under subsection (4)(b) above may be recovered from him by the Secretary of State.
Disqualification of holder of certificate other than officer's.
62.-(1) Where it appears to the Secretary of State that a person who is the holder of a certificate to which this section applies is unfit to be the holder of such a certificate, whether by reason of incompetence or misconduct or for any other reason, the Secretary of State may give him notice in writing that he is considering the suspension or cancellation of the certificate.
(2) The notice must state the reasons why it appears to the Secretary of State that that person is unfit to be the holder of such a certificate and must state that within a period specified in the notice, or such longer period as the Secretary of State may allow, he may make written representations to the Secretary of State or claim to make oral representations to the Secretary of State.
(3) After considering any representations made in pursuance of subsection (2) above the Secretary of State shall decide whether or not to suspend or cancel the certificate and shall give the holder of it written notice of his decision.
(4) Where the decision is to suspend or cancel the certificate the notice shall state the date from which the cancellation is to take effect, or the date from which and the period for which the suspension is to take effect, and shall require the holder to deliver the certificate to the Secretary of State not later than the date so specified unless before that date the holder has required the case to be dealt with by an inquiry under section 63.
(5) Where, before the date specified in the notice, he requires the case to be dealt with by such an inquiry, then, unless he withdraws the requirement, the suspension or cancellation shall not take effect except as ordered in pursuance of the inquiry.
(6) The Secretary of State may make regulations prescribing the procedure to be followed with respect to the making and consideration of representations in pursuance of this section, the form of any notice to be given under this section and the period to be specified in any such notice as the period within which any steps are to be taken.
(7) This section applies to every certificate issued under section 54 and to any certificate issued under section 47 other than one certifying that a person is qualified as an officer.
Inquiry into fitness or conduct of seaman other than officer.
63.-(1) Where a person has, before the date mentioned in section 62(4), required his case to be dealt with by an inquiry under this section the Secretary of State shall cause an inquiry to be held by one or more persons appointed by him.
(2) An inquiry under this section shall be conducted in accordance with rules made under section 65(1) and those rules shall require the persons holding the inquiry to hold it with the assistance of one or more assessors.
(3) The persons holding an inquiry under this section−
(a) may confirm the decision of the Secretary of State and cancel or suspend the certificate accordingly;
(b) may, where the decision was to cancel the certificate, suspend it instead;
(c) may, where the decision was to suspend the certificate, suspend it for a different period;
(d) may, instead of confirming the decision of the Secretary of State, censure the holder of the certificate or take no further action;
(e) may make such order with regard to the costs of the inquiry as they think just; and
(f) shall make a report on the case to the Secretary of State;
and if the certificate is cancelled or suspended it shall be delivered forthwith to the persons holding the inquiry or to the Secretary of State.
(4) Any costs (or in Scotland expenses) which a person is ordered to pay under subsection (3)(e) above may be recovered from him by the Secretary of State.
PART III
Re-hearing of and appeal from inquiries.
64.-(1) Where an inquiry has been held under section 61 or 63 the Secretary of State may order the whole or part of the case to be reheard, and shall do so−
(a) if new and important evidence which could not be produced at the inquiry has been discovered; or
(b) if there appear to the Secretary of State to be other grounds for suspecting that a miscarriage of justice may have occurred.
(2) An order under subsection (1) above may provide for the re−hearing to be as follows,
(a) if the inquiry was held in England, Wales or Northern Ireland, by the persons who held it, by a wreck commissioner or by the High Court;
(b) if it was held in Scotland, by the persons who held it, by the sheriff or by the Court of Session.
(3) Any re-hearing under this section which is not held by the High Court or the Court of Session shall be conducted in accordance with rules made under section 65(1).
(4) Where the persons holding the inquiry have decided to cancel or suspend the certificate of any person or have found any person at fault, then, if no application for an order under subsection (1) above has been made or such an application has been refused, that person or any other person who, having an interest in the inquiry, has appeared at the hearing and is affected by the decision or finding, may appeal−
(a) to the High Court if the inquiry was held in England, Wales or Northern Ireland;
(b) to the Court of Session if it was held in Scotland.
Powers of inspectors in relation to premises and ships.
259.-(1) The powers conferred by this section are conferred in relation to−
(a) any premises in the United Kingdom; or
(b) any United Kingdom ship wherever it may be and any other ship which is present in the United Kingdom or in United Kingdom waters;
(2) Such an inspector−
(a) may at any reasonable time (or, in a situation which in his opinion is or may be dangerous, at any time) −
(i) enter any premises, or
(ii) board any ship,
if he has reason to believe that it is necessary for him to do so;
(b) may, on entering any premises by virtue of paragraph (a) above or on boarding a ship by virtue of that paragraph, take with him any other person authorised for the purpose by the Secretary of State and any equipment or materials he requires;
(c) may make such examination and investigation as he considers necessary;
(d) may give a direction requiring that the premises or ship or any part of the premises or ship or any thing in the premises or ship or such a part shall be left undisturbed (whether generally or in particular respects) for so long as is reasonably necessary for the purposes of any examination or investigation under paragraph (c) above;
(e) may take such measurements and photographs and make such recordings as he considers necessary for the purpose of any examination or investigation under paragraph (c) above;
(f) may take samples of any articles or substances found in the premises or ship and of the atmosphere in or in the vicinity of the premises or ship;
(g) may, in the case of any article or substance which he finds in the premises or ship and which appears to him to have caused or to be likely to cause danger to health or safety, cause it to be dismantled or subjected to any process or test (but not so as to damage or destroy it unless that is in the circumstances necessary);
(h) may, in the case of any such article or substance as is mentioned in paragraph (g) above, take possession of it and detain it for so long as is necessary for all or any of the following purposes, namely−
(i) to examine it and do to it anything which he has power to do under that paragraph,
(ii) to ensure that it is not tampered with before his examination of it is completed,
(iii) to ensure that it is available for use as evidence in any proceedings for an offence under this Act or any instrument made under it;
(i) may require any person who he has reasonable cause to believe is able to give any information relevant to any examination or investigation under paragraph (c) above-
(i) to attend at a place and time specified by the inspector, and
(ii) to answer (in the absence of persons other than any persons whom the inspector may allow to be present and a person nominated to be present by the person on whom the requirement is imposed) such questions as the inspector thinks fit to ask, and
(iii) to sign a declaration of the truth of his answers;
(j) may require the production of, and inspect and take copies of or of any entry in,-
(i) any books or documents which by virtue of any provision of this Act are required to be kept; and
(ii) any other books or documents which he considers it necessary for him to see for the purposes of any examination or investigation under paragraph (c) above;
(k) may require any person to afford him such facilities and assistance with respect to any matters or things within that person's control or in relation to which that person has responsibilities as the inspector considers are necessary to enable him to exercise any of the powers conferred on him by this subsection.
(3) The powers conferred by subsection (2) above to require the production of any document and copy it include, in relation to oil record books required to be carried under section 142, power to require the master to certify the copy as a true copy.
(4) The powers conferred by subsection (2) above to inspect premises shall also be exercisable, for the purpose of Chapter II of Part VI, in relation to any apparatus used for transferring oil.
(5) The powers of entry and inspection of premises conferred by subsections (2) and (4) above for the purposes of Chapter II of Part VI shall not be exercisable by Departmental inspectors (or surveyors of ships in their capacity as Departmental inspectors) in relation to places on land in Northern Ireland and apparatus located in Northern Ireland otherwise than on board ships; but persons appointed by the Department of the Environment for Northern Ireland shall have the like powers; and those subsections shall have effect accordingly in relation to persons so appointed.
(6) The powers conferred by subsection (2)(a), (c) and (j) above shall also be exercisable, in relation to a ship in a harbour in the United Kingdom, by the harbour master or other persons appointed by the Secretary of State for the purpose, for the purpose of ascertaining the circumstances relating to an alleged discharge of oil or a mixture containing oil from the ship into the harbour.
(7) It is hereby declared that nothing in the preceding provisions of this section authorises a person unnecessarily to prevent a ship from proceeding on a voyage.
(8) The Secretary of State may by regulations make provision as to the procedure to be followed in connection with the taking of samples under subsection (2)(f) above and subsection (11) below and provision as to the way in which samples that have been so taken are to be dealt with.
(9) Where an inspector proposes to exercise the power conferred by subsection (2)(g) above in the case of an article or substance found in any premises or ship, he shall, if so requested by a person who at the time is present in and has responsibilities in relation to the premises or ship, cause anything which is to be done by virtue of that power to be done in the presence of that person unless the inspector considers that its being done in that person's presence would be prejudicial to the safety of that person.
(10) Before exercising the power conferred by subsection (2)(g) above, an inspector shall consult such persons as appear to him appropriate for the purpose of ascertaining what dangers, if any, there may be in doing anything which he proposes to do under that power.
(11) Where under the power conferred by subsection (2)(h) above an inspector takes possession of any article or substance found in any premises or ship, he shall leave there, either with a responsible person or, if that is impracticable, fixed in a conspicuous position, a notice giving particulars of that article or substance sufficient to identify it and stating that he has taken possession of it under that power; and before taking possession of any such substance under that power an inspector shall, if it is practicable for him to do so, take a sample of the substance and give to a responsible person at the premises or on board the ship a portion of the sample marked in a manner sufficient to identify it.
(12) No answer given by a person in pursuance of a requirement imposed under subsection (2)(i) above shall be admissible in evidence against that person or the husband or wife of that person in any proceedings except proceedings in pursuance of subsection (1)(c) of section 260 in respect of a statement in or a declaration relating to the answer; and a person nominated as mentioned in the said subsection (2)(i) shall be entitled, on the occasion on which the questions there mentioned are asked, to make representations to the inspector on behalf of the person who nominated him.
260.-(1) A person who-
(a) intentionally obstructs an inspector in the exercise of any power available to him under section 259; or
(b) without reasonable excuse, does not comply with a requirement imposed in pursuance of section 259 or prevents another person from complying with such a requirement; or
(c) without prejudice to the generality of paragraph (b) above, makes a statement or signs a declaration which he knows is false, or recklessly makes a statement or signs a declaration which is false, in purported compliance with a requirement made in pursuance of subsection (2)(i) of section 259,
shall be liable-
(i) on summary conviction, to a fine not exceeding the statutory maximum;
(ii) on conviction on indictment, to imprisonment for a term not exceeding two years, or a fine or both.
(2) Nothing in section 259 shall be taken to compel the production by any person of a document of which he would on grounds of legal professional privilege be entitled to withhold production on an order for discovery in an action in the High Court or, as the case may be, on an order for the production of documents in an action in the Court of Session.
(3) A person who complies with a requirement imposed on him in pursuance of paragraph (i)(i) or (k) of subsection (2) of section 259 shall be entitled to recover from the person who imposed the requirement such sums in respect of the expenses incurred in complying with the requirement as are prescribed by regulations made by the Secretary of State.
(4) Regulations under subsection (3) above may make different provision for different circumstances.
(5) Any payments under subsection (3) above shall be made out of money provided by Parliament.
PART XI
ACCIDENT INVESTIGATIONS AND INQUIRIES
Marine accident investigations
Investigation of marine accidents
(2) The accidents referred to in subsection (1) above are-
(a) any accident involving a ship or ship's boat where, at the time of the accident-
(i) the ship is a United Kingdom ship, or
(ii) the ship, or (in the case of an accident involving a ship's boat) that boat, is within United Kingdom waters, and
(b) such other accidents involving ships or ships' boats as the Secretary of State may determine.
(3) The Secretary of State may by regulations make such provision as he considers appropriate with respect to the investigation of any such accidents as are mentioned in subsection (2) above.
(4) Any such regulations may, in particular, make provision-
(a) with respect to the definition of “accident” for the purposes of this section and the regulations;
(b) imposing requirements as to the reporting of accidents;
(c) prohibiting, pending investigation, access to or interference with any ship or ship's boat involved in an accident:
(d) authorising any person, so far as may be necessary for the purpose of determining whether an investigation should be carried out, to have access to, examine, remove, test, take measures for the preservation of, or otherwise deal with, any such ship or boat or any other ship or ship's boat;
(e) specifying, with respect to the investigation of accidents, the functions of the Chief Inspector of Marine Accidents (which may include the function of determining whether, and if so by whom, particular accidents should be investigated), the functions of other inspectors of marine accidents, and the manner in which any such functions are to be discharged;
(f) for the appointment by the Chief Inspector of Marine Accidents, in such circumstances as may be specified in the regulations, of persons to carry out investigations under this section who are not inspectors of marine accidents;
(g) for the appointment by any Minister of the Crown of persons to review any findings or conclusions of a person carrying out an investigation under this section;
(h) for the procedure to be followed in connection with investigations or reviews under this section;
(i) for conferring on persons discharging functions under the regulations who are not inspectors of marine accidents all or any of the powers conferred on an inspector by section 259;
(j) for the submission to the Secretary of State, and the publication by him, of reports of investigations or reviews under this section;
(k) for the publication by the Chief Inspector of Marine Accidents of reports and other information relating to accidents.
(5) Regulations under this section may provide for any provisions of the regulations to apply to any specified class or description of incidents or situations which involve, or occur on board, ships or ships' boats but are not accidents for the purposes of the regulations, being a class or description framed by reference to any of the following, namely-
(a) the loss or destruction of or serious damage to any ship or structure,
(b) the death of or serious injury to any person, or
(c) environmental damage,
whether actually occurring or not, and (subject to such modifications as may be specified in the regulations) for those provisions to apply in relation to any such incidents or situations as they apply in relation to accidents.
(6) Regulations under this section may provide that a contravention of the regulations shall be an offence punishable on summary conviction by a fine not exceeding the statutory maximum and on conviction on indictment by a fine.
(7) The Chief Inspector of Marine Accidents, or (as the case may be) inspectors of marine accidents generally, shall discharge such functions in addition to those conferred by or under the preceding provisions of this section as the Secretary of State may determine.
(8) Any inspector of marine accidents shall, for the purpose of discharging any functions conferred on him by or under this section, have the powers conferred on an inspector by section 259.
(9) Nothing in this section shall limit the powers of any authority under sections 252, 253 and 254.
(10) In this section-
(a) references to an accident involving a ship or ship's boat include references to an accident occurring on board a ship or ship's boat (and any reference to a ship or ship's boat involved in an accident shall be construed accordingly); and
(b) “ship's boat” includes a life-raft.
Formal investigation into marine accident
268.-(1) Where any accident has occurred, the Secretary of State may (whether or not an investigation into it has been carried out under section 267) cause a formal investigation into the accident to be held-
(a) if in England, Wales or Northern Ireland, by a wreck commissioner, and
(b) if in Scotland, by the sheriff;
and in this section "accident" means any accident to which regulations under that section apply or any incident or situation to which any such regulations apply by virtue of subsection (5) of that section.
(2) A wreck commissioner or sheriff holding a formal investigation shall conduct it in accordance with rules under section 270(1); and those rules shall require the assistance of one or more assessors and, if any question as to the cancellation or suspension of an officer's certificate is likely, the assistance of not less than two assessors.
1980 c. 43.
(3) Subsections (1), (3) and (4) of section 97 of the Magistrates' Courts Act 1980 (which provide for the attendance of witnesses and the production of evidence) shall apply in relation to a formal investigation held by a wreck commissioner as if the wreck commissioner were a magistrates' court and the investigation a complaint; and the wreck commissioner shall have power to administer oaths for the purposes of the investigation.
(4) Where a formal investigation is held in Scotland the sheriff shall, subject to any rules made under section 270(1), dispose of it as a summary application, and, subject to section 269, his decision on the investigation shall be final.
(5) If as a result of the investigation the wreck commissioner or sheriff is satisfied, with respect to any officer, of any of the matters mentioned in paragraphs (a) to (c) of section 61(1) and, if it is a matter mentioned in paragraph (a) or (b) of that section, is further satisfied that it caused or contributed to the accident, he may cancel or suspend any certificate issued to the officer under section 47 or censure him; and if he cancels or suspends the certificate the officer shall deliver it forthwith to him or to the Secretary of State.
(6) If a person fails to deliver a certificate as required under subsection (5) above he shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(7) Where a certificate has been cancelled or suspended under this section, the Secretary of State, if of the opinion that the justice of the case requires it, may re-issue the certificate or, as the case may be, reduce the period of suspension and return the certificate, or may grant a new certificate of the same or a lower grade in place of the cancelled or suspended certificate.
(8) The wreck commissioner or sheriff may make such awards as he thinks just with regard to the costs (or, as the case may be, expenses) of the investigation and of any parties at the investigation, and with regard to the parties by whom those costs or expenses are to be paid; and any such award of the wreck commissioner may, on the application of any party named in it, be made an order of the High Court.
(9) Any costs or expenses directed by an award to be paid shall be taxable-
(a) in the High Court, or
(b) where the investigation was held in Scotland, by the auditor of the sheriff court in which it was held and in accordance with the table of fees regulating the taxation of solicitors' accounts.
(10) The wreck commissioner or sheriff shall make a report on the investigation to the Secretary of State.
1980c.43.
S.I.1981/1675(NI26)
(11) In its application to Northern Ireland this section shall have effect as if in subsection (3) above for the references to subsections (1), (3) and (4) of section 97 of the Magistrates' Courts Act 1980 there were substituted references to paragraphs (1) and (3) of Article 118 and paragraph (1) of Article 120 of the Magistrates' Courts (Northern Ireland) Order 1981.
Re-hearing of and appeal from investigations.
269.-(1) Where a formal investigation has been held under section 268 the Secretary of State may order the whole or part of the case to be reheard, and shall do so-
(a) if new and important evidence which could not be produced at the investigation has been discovered; or
(b) if there appear to the Secretary of State to be other grounds for suspecting that a miscarriage of justice may have occurred.
(2) An order under subsection (1) above may provide for the re-hearing to be as follows-
(a) if the investigation was held in England, Wales or Northern Ireland, by a wreck commissioner or by the High Court;
(b) if it was held in Scotland, by the sheriff or by the Court of Session.
(3) Any re-hearing under this section which is not held by the High Court or the Court of Session shall be conducted in accordance with rules made under section 270(1); and section 268 shall apply in relation to a re-hearing of an investigation by a wreck commissioner or sheriff as it applies in relation to the holding of an investigation.
(4) Where the wreck commissioner or sheriff holding the investigation has decided to cancel or suspend the certificate of any person or has found any person at fault, then, if no application for an order under subsection (1) above has been made or such an application has been refused, that person or any other person who, having an interest in the investigation, has appeared at the hearing and is affected by the decision or finding, may appeal-
(a) to the High Court if the investigation was held in England, Wales or Northern Ireland;
(b) to the Court of Session if it was held in Scotland.
(5) Section 268(7) applies for the purposes of this section as it applies for the purposes of that section.
Rules as to investigations and appeals.
270.-(1) The Secretary of State may make rules for the conduct of formal investigations under section 268 and for the conduct of any re-hearing under section 269 which is not held by the High Court or the Court of Session.
(2) Without prejudice to the generality of subsection (1) above, rules under this section may provide for the appointment and summoning of assessors, the manner in which any facts may be proved, the persons allowed to appear, and the notices to be given to persons affected.
(3) Rules of court made for the purpose of re-hearings under section 269 which are held by the High Court, or of appeals to the High Court, may require the court, subject to such exceptions, if any, as may be allowed by the rules, to hold such a re-hearing or hear such an appeal with the assistance of one or more assessors.
Inquiries into and reports on deaths and injuries
Inquiries into deaths of crew members and others.
271.-(1) Subject to subsection (6) below, where-
(a) any person dies in a United Kingdom ship or in a boat or life- raft from such a ship, or
(b) the master of or a seaman employed in such a ship dies in a country outside the United Kingdom,
an inquiry into the cause of the death shall be held by a superintendent or proper officer at the next port where the ship calls after the death and where there is a superintendent or proper officer, or at such other place as the Secretary of State may direct.
(2) Subject to subsection (6) below, where it appears to the Secretary of State that-
(a) in consequence of an injury sustained or a disease contracted by a person when he was the master of or a seaman employed in a United Kingdom ship, he ceased to be employed in the ship and subsequently died, and
(b) the death occurred in a country outside the United Kingdom during the period of one year beginning with the day on which he so ceased,
the Secretary of State may arrange for an inquiry into the cause of the death to be held by a superintendent or proper officer.
(3) Subject to subsection (6) below, where it appears to the Secretary of State that a person may-
(a) have died in a United Kingdom ship or in a boat or life-raft from such a ship, or
(b) have been lost from such a ship, boat or life-raft and have died in consequence of being so lost,
the Secretary of State may arrange for an inquiry to be held by a superintendent or proper officer into whether the person died as mentioned above and, if the superintendent or officer finds that he did, into the cause of the death.
(4) The superintendent or proper officer holding the inquiry shall for the purpose of the inquiry have the powers conferred on an inspector by section 259.
(5) The person holding the inquiry shall make a report of his findings to the Secretary of State who shall make the report available-
(a) if the person to whom the report relates was employed in the ship and a person was named as his next of kin in the crew agreement or list of the crew in which the name of the person to whom the report relates last appeared, to the person so named;
(b) in any case, to any person requesting it who appears to the Secretary of State to be interested.
1976 c. 14.
(6) No inquiry shall be held under this section where, in England, Wales or Northern Ireland, a coroner's inquest is to be held or, in Scotland, an inquiry is to be held under the Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976.
Reports of and inquiries into injuries.
272.-(1) Where the master or a member of the crew of a United Kingdom fishing vessel is injured during a voyage, an inquiry into the cause and nature of the injury may be held by a superintendent or proper officer.
(2) The superintendent or proper officer holding an inquiry under this section shall, for the purposes of the inquiry, have the powers conferred on a Departmental inspector by section 259 and shall make a report of his findings to the Secretary of State.
PART VIII
SUPPLEMENTAL
Administration
General functions of Secretary of State.
292.-(1) The Secretary of State shall continue to have the general superintendence of all matters relating to merchant shipping and seamen and is authorised to carry into execution the provisions of this Act and of all Acts relating to merchant shipping and seaman for the time being in force, except where otherwise provided or so far as relating to revenue.
(2) The Secretary of State may take any legal proceedings under this Act in the name of any of his officers.
