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Reports of investigations
13. - (1) Subject to paragraph (3), the Chief Inspector shall cause a report of an investigation into an accident conducted pursuant to regulation 10(8)(a), other than an accident the investigation of which is being undertaken on behalf of a State other than the United Kingdom, to be submitted to the Secretary of State and made publicly available in the shortest time possible and in such a manner as he thinks fit.
(2) The report shall set out -
(a) conclusions relating to the facts of the accident;
(b) where the facts cannot be clearly established, analysis and professional judgement to determine the probable facts; and
(c) recommendations for future safety.
(3) The Chief Inspector shall not make the report publicly available until he has -
(a) served a notice under this regulation upon any person who, or organisation which, could be adversely affected by the report or, if that person is deceased, upon such person or persons as appear to the Chief Inspector, at the time he proposes to serve notice pursuant to this paragraph, as best to represent the interests and reputation of the deceased in the matter, and
(b) considered the representations relating to the facts or analysis contained in the report which may be made to him in accordance with paragraph (5) by or on behalf of the persons served with such notice, and amend the report in such manner as he thinks fit.
(4) The notice referred to in paragraph (3)(a) shall be accompanied by a draft copy of the report.
(5) The representations referred to in paragraph (3)(b) shall be in writing and shall be served on the Chief Inspector within 28 days of service of the notice referred to in paragraph (3)(a) or within such further period as may be allowed under regulation 16.
(6) Subject to any Court order under regulation 12, no person shall disclose any information -
(a) which has been furnished to him pursuant to paragraph (4) of this regulation; or -
(b) which has otherwise been furnished to him by or on behalf of the Chief Inspector in advance of the publication of a report and whose confidentiality is protected by regulation 12,
or permit such information to be disclosed, save with the prior consent in writing of the Chief Inspector, to any other person, except to such advisers as are necessary in order to make representations to the Chief Inspector referred to in paragraph (3)(b), and those advisers shall similarly be subject to the duty not to disclose the information or permit it to be disclosed.
(7) A copy of the report when made publicly available shall be given by the Chief Inspector to -
(a) any person who has been served with a notice pursuant to paragraph (3) (a);
(b) those persons or bodies to whom recommendations have been addressed in that report;
(c) the Secretary of State;
(d) the IMO;
(e) where regulation 11(1) applies to the investigation, to the European Commission; and
(f) any person or organisation whom the Chief Inspector considers may find the report useful or of interest.
(8) Where an inquest or fatal accident inquiry is to be held following an accident which has been subject to investigation, a draft report may be made available in confidence to the coroner or procurator fiscal by the Chief Inspector.
(9) If any part of the report or analysis therein is based on information obtained pursuant to an inspector's powers under sections 259 and 267(8) of the Act, the report shall be inadmissible in any judicial proceedings whose purpose or one of whose purposes is to attribute or apportion liability or blame unless a Court or tribunal, having regard to the factors mentioned in regulation 12(5)(b) or (c), determines otherwise.
(10) In this regulation, "judicial proceedings" includes any civil or criminal proceedings before any court, tribunal or person having by law the power to hear, receive and examine evidence on oath.
Publications other than reports of investigations
14. - (1) The Chief Inspector may, at his discretion and to promulgate any lessons learned, from time to time publish collective short reports of accidents which have not been the subject of a report published under regulation 13(1).
(2) The Chief Inspector may, at his discretion, submit a report to the Secretary of State on any matter arising from his analysis of marine accident investigations.
Recommendations
15. - (1) The Chief Inspector may as a result of one or more investigations, whether or not completed, at any time make recommendations as to how future accidents may be prevented.
(2) The actions recommended shall be addressed to those persons or bodies who, in the opinion of the Chief Inspector, are most fitted to implement them.
(3) Recommendations shall be made publicly available if the Chief Inspector considers that to do so is in the interests of safety or preventing pollution.
(4) Any person to whom a recommendation is addressed pursuant to paragraph (2) shall, without delay -
(a) take that recommendation into consideration;
(b) send to the Chief Inspector -
(i) details of the measures, if any, he has taken or proposes to take to implement the recommendation and, in a case where he proposes to implement measures, the timetable for securing that implementation, or
(ii) an explanation as to why the recommendation is not to be the subject of measures to be taken to implement it,
and any details or timetable pursuant to sub-paragraph (i) or explanation pursuant to sub-paragraph (ii) shall be provided to the Chief Inspector within 28 days following receipt of the recommendation; and
(c) give notice to the Chief Inspector if at any time any information provided to the Chief Inspector in pursuance of sub-paragraph (4)(b)(i) concerning the measures he proposes to take or the timetable for securing their implementation is rendered inaccurate by any change of circumstances.
(5) Subject to paragraphs (6) and (7) the Chief Inspector shall, annually or at such other intervals as he sees fit, make information publicly available in respect of the matters, including any explanation, mentioned in paragraphs (4)(b) and (c) which have been communicated to him and shall inform the Secretary of State of those matters.
(6) The Chief Inspector shall not publish information under paragraph (5) unless he has first notified any person mentioned in the information and considered any representations relating to the information which may be made to him in accordance with paragraph (7) by or on behalf of any person so notified, and amended the information in such manner as he thinks fit.
(7) Any representations made pursuant to paragraph (6) shall be in writing and shall be served on the Chief Inspector within 28 days of receipt of the notification referred to in that paragraph or within such further period as may be allowed under regulation 16.
Extension of tine
16. - (1) The Chief Inspector shall have the power to extend the period of 28 days prescribed in regulation 13(5), but he shall do so only if he considers that there are good reasons warranting such an extension having regard to the requirement in regulation 13(1) for a report of an investigation to be made available in the shortest time possible.
(2) The Chief Inspector shall have the power to extend the period of 28 days prescribed in regulation 15(4)(b) where he considers it appropriate to do so.
(3) The powers under this regulation may be exercised notwithstanding that the prescribed period has expired.
Service of documents
17. Any notice or other document required or authorised by any provision of these Regulations to be served on or given to any person may be served or given:
(a) by delivering it to that person;
(b) by leaving it at his usual or last-known residence or place of business, whether in the United Kingdom or elsewhere;
(c) by sending it to him by post at that address; or
(d) by sending it to him at the address by telex, facsimile, or other means which produces a document containing a text of the communication, or by electronic mail in which event the document shall be regarded as having been served when it is sent.
Penalties
18. - (1) A person shall be guilty of an offence if -
(a) being a person mentioned in regulation 6(1), (2)(a) or (b), he fails without reasonable cause to report an accident as required by regulation 6, or
(b) being a master or ship's owner, he fails without reasonable cause to comply with regulation 6(5), or
(c) being a person referred to in paragraph (a), he fails without reasonable cause to provide information as required by regulation 7(3), or
(d) he falsely claims to have any additional information or new evidence pertaining to any accident or serious injury,
and such a person shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(2) If any person fails without reasonable cause to comply with any requirement, duty or prohibition in regulation 9(1), (2) or (5) to (7), he shall be guilty of an offence and liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine.
(3) If any person without reasonable cause discloses or permits to be disclosed any information in contravention of regulations 12(1) or 13(6), or makes available any documents or records in contravention of regulation 12(2), he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
Signed by authority of the Secretary of State for Transport
David Jamieson
Parliamentary Under Secretary of State, Department for Transport
22nd March 2005
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