|
Preservation of evidence
9. - (1) Following an accident involving a United Kingdom ship which is reportable under regulation 6, the persons mentioned in paragraph (3) shall so far as is practicable ensure that all -
(a) charts;
(b) log books;
(c) electronic and magnetic recording and video tapes, including information from a voyage data recorder or recording system relating to the period preceding, during and after the accident; and
(d) all documents or other records which might reasonably be considered pertinent to the accident,
are kept and that no alteration is made to any recordings or entries in them.
(2) In the case of an accident involving a United Kingdom ship, the persons mentioned in paragraph (3) shall also ensure that -
(a) all information from a voyage data recorder or recording system relating to the circumstances of an accident is saved and preserved, in particular by taking steps, where necessary, to prevent such information from being overwritten; and
(b) any other equipment which might reasonably be considered pertinent to the investigation of the accident is so far as practicable left undisturbed.
(3) The persons referred to in paragraphs (1) and (2) are -
(a) the master or, if he has not survived, the senior surviving officer, and
(b) the ship's owner, unless he has ascertained to his satisfaction that the master or senior surviving officer has taken the action in question.
(4) The duty under paragraph (1) to ensure that documents, information or records are kept and not altered and to ensure under paragraph (2) that information is saved and preserved, or that equipment is left undisturbed, shall continue until -
(a) notification is received from the Chief Inspector that no investigation is to take place or that the investigation has been completed;
(b) 28 days have passed since the Chief Inspector received the report referred to in regulation 6(1) and no notice has been sent by the Chief Inspector that he has decided to investigate the matter; or
(c) the Chief Inspector or an inspector carrying out the investigation gives written notification that he no longer requires them.
(5) Following an accident in United Kingdom waters involving a ship which is not a United Kingdom ship, the persons mentioned in paragraph (3) shall comply with the requirements of paragraphs (1) and (2) if requested to do so by or on behalf of the Chief Inspector.
(6) An inspector may, pending investigation, prohibit persons from gaining access to, or interfering with, any ship, ship's boat or other equipment involved in an accident.
(7) Following an accident, the Chief Inspector may, if he considers it reasonably necessary for the collection or preservation of evidence in connection with any investigation, including preliminary examination, relating to the accident, require any of the master or, if he has not survived, the senior surviving officer and the ship's owner to ensure that a ship is accessible within United Kingdom waters to any inspector engaged in the investigation of such accident, until the process of collecting or preserving the evidence has been completed to the inspector's satisfaction.
(8) The Chief Inspector shall not require a ship to remain in United Kingdom waters any longer than is necessary for the collection or preservation, as the case may be, of the evidence mentioned in paragraph (7) and shall take all reasonable steps to ensure that such evidence is collected or preserved expeditiously.
(9) No requirement under paragraph (7) shall be made unless the Chief Inspector has reasonable grounds for concern that if the ship leaves United Kingdom waters, access to it, to any member of the crew, or to any evidence on board relating to the investigation may subsequently be denied to him or any inspector conducting such investigation.
Conduct of investigations
10. - (1) If the Chief Inspector decides pursuant to regulation 7(1) that an investigation shall be carried out, it shall be undertaken by one or more inspectors at such times and places and in such manner as appear to them most conducive to achieving the objective set out in regulation 5.
(2) The Chief Inspector may also appoint one or more persons who are not inspectors appointed under the Act for the purpose of carrying out an investigation in circumstances where inspectors appointed under the Act are not conveniently available or where the persons appointed have special qualifications or experience, and such persons shall have the powers conferred on au inspector by section 259 and 267(8) of the Act.
(3) An investigation may extend to cover all events and circumstances preceding the accident together with subsequent events and circumstances which in the opinion of an inspector may have been relevant to its cause or outcome.
(4) Every person required to attend before an inspector shall be allowed the reasonable expenses of attending, payable by the Secretary of State.
(5) Any person, not being a solicitor or other professional legal adviser acting solely on behalf of the person required to attend, who -
(a) has been allowed by an inspector to be present; or
(b) has been nominated to be present by a person required to attend
at an oral examination before an inspector, may at any time be excluded from being present by the inspector with the agreement of the Chief Inspector, if -
(i) both the inspector and Chief Inspector have substantial reason to believe that his presence would hamper the investigation with the result that the objective in regulation 5 is likely to be hindered and future safety thereby endangered; and
(ii) the Chief inspector is satisfied, having regard to all the circumstances, that it is proper to exclude that person.
(6) Where a person nominated to be present has been excluded in accordance with paragraph (5), the person required to attend shall be entitled to nominate another person to be present at the oral examination in place of the excluded person and paragraph (5) shall then apply to that other person.
(7) Any document, record or information mentioned in regulation 9, properly required by an inspector to be produced for the purposes of an investigation (whether on board the ship involved or otherwise), may be retained by him until the investigation is completed.
(8) In relation to any investigation -
(a) where a preliminary examination has been conducted the Chief Inspector shall decide, having regard to the objective set out in regulation 5, whether it is appropriate in all the circumstances to conduct further investigation leading to publication of a report;
(b) the Chief Inspector may subsequently decide to discontinue the investigation at any time and shall make his reasons for doing so publicly available.
Co-operation with other States
11. - (1) Where an investigation conducted under these Regulations involves a ro-ro ferry or high-speed passenger craft to which Council Directive 1999/35/EC applies, the Chief Inspector shall enable a substantially interested State which is an EEA State to participate or co-operate in the investigation in accordance with the IMO Code.
(2) In paragraph (1) -
"EEA State" means a Member State of the European Communities, Norway, Iceland or Liechtenstein;
"IMO Code" means the Code for the Investigation of Marine Casualties and Incidents adopted by the International Maritime Organization by means of Assembly Resolution A.849(20) of 27th November 1997;
"ro-ro ferry" and "high-speed passenger craft" have the meanings given to them by Council Directive 1999/35/EC; and
"substantially interested State" has the meaning given by the IMO Code.
Disclosure of records
12. - (1) Subject to the following paragraphs, the names, addresses or any other details of anyone who has given evidence to an inspector shall not be disclosed.
(2) The following documents or records shall not be made available for purposes other than the investigation, unless a Court orders otherwise -
(a) subject to paragraph (3), all declarations or statements taken from persons by an inspector or supplied to him in the course of his investigation, together with any notes or voice recordings of interviews;
(b) medical or confidential information regarding persons involved in an accident;
(c) any report made under regulation 6(4) or (5);
(d) copies of the report other than the final report except as mentioned in regulation 13(3)(a), (4), or (8).
(3) A person who has given a declaration or statement to an inspector in the course of an investigation may make available a copy of his declaration or statement to another person as he sees fit.
(4) Any independent technical analysis commissioned by the Chief Inspector and opinions expressed in such analysis may be made publicly available if he considers it appropriate to do so.
(5) Subject to paragraph (6), no order shall be made under paragraph (2) unless the Court is satisfied, having regard to the views of the Chief Inspector, that the interests of justice in disclosure outweigh any prejudice, or likely prejudice, to -
(a) the investigation into the accident to which the document or record relates,
(b) any future accident investigati on undertaken in the United Kingdom, or
(c) relations between the United Kingdom and any other State, or international organisation.
(6) The provisions of this regulation shall be without prejudice to any rule of law which authorises or requires the withholding of any document or record or part thereof on the ground that disclosure of it would be injurious to the public interest.
(7) Copies of information obtained from a voyage data recorder or from other recording systems, pertinent to the accident, including voice recordings (other than any recordings mentioned in paragraph (2)(a)), video recordings and other electronic or magnetic recordings and any transcripts made from such information or recordings, may be provided at the discretion of the Chief Inspector to the police or other official authorities.
|
