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MERCHANT SHIPPING ACT 1894 - SECT 466

Preliminary inquiry into shipping casualties.

466.(1) A person authorised as aforesaid to make a preliminary inquiry shall
in any case where it appears to him requisite or expedient (whether upon a
preliminary inquiry or without holding such an inquiry) that a formal
investigation should be held, and in any case where the Board of Trade so
directs, apply to a court of summary jurisdiction to hold a formal
investigation, and that court shall thereupon hold the formal investigation.

(2) A wreck commissioner appointed under this Act shall at the request of the
Board of Trade hold any formal investigation into a shipping casualty under
this section, and any reference to the court holding an investigation under
this section includes a wreck commissioner holding such an investigation.

(3) The court holding any such formal investigation shall hold the same with
the assistance of one or more assessors of nautical, engineering, or other
special skill or knowledge, to be appointed out of a list of persons for the
time being approved for the purpose by a Secretary of State in such manner and
according to such regulations as may be prescribed by rules made under this
Part of this Act with regard thereto.

(4) Where a formal investigation involves or appears likely to involve any
question as to the cancelling or suspension of the certificate of a master,
mate, or engineer, the court shall hold the investigation with the assistance
of not less than two assessors having experience in the merchant service.

(5) It shall be the duty of the person who has applied to a court to hold a
formal investigation to superintend the management of the case, and to render
such assistance to the court as is in his power.

(6) The court after hearing the case shall make a report to the Board of Trade
containing a full statement of the case and of the opinion of the court
thereon, accompanied by such report of, or extracts from, the evidence, and
such observations as the court think fit.

(7) Each assessor shall either sign the report or state in writing to the
Board of Trade his dissent therefrom and the reasons for that dissent.

(8) The court may make such order as the court think fit respecting the costs
of the investigation, or any part thereof, and such order shall be enforced by
the court as an order for costs under the Summary Jurisdiction Acts.

(9) The Board of Trade may, if in any case they think fit so to do, pay the
costs of any such formal investigation.

(10) For the purposes of this section the court holding a formal investigation
shall have all the powers of a court of summary jurisdiction when acting as a
court in exercise of their ordinary jurisdiction.

(11) Every formal investigation into a shipping casualty shall be conducted in
such manner that if a charge is made against any person, that person shall
have an opportunity of making a defence.

(12) Formal investigations into shipping casualties under this section shall
be held in some town hall, assize or county court, or public building, or in
some other suitable place to be determined according to rules made under this
Part of this Act with regard thereto, and, unless no other suitable place is
in the opinion of the Board of Trade available, shall not be held in a court
ordinarily used as a police court, and all enactments relating to the court
shall for the purposes of the investigation have effect as if the place at
which the court is held were a place appointed for the exercise of the
ordinary jurisdiction of the court.][


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© 1894 Crown Copyright

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