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EXPLOSIVES ACT 1875 - SECT 66

Inquiry into accidents and formal investigation in serious cases.

66. The Secretary of State may direct an inquiry to be made by a Government
inspector into the cause of any accident which is caused by an explosion or
fire either in connexion with any explosive, or of which notice is required by
this Act to be given to the Secretary of State, and where it appears to the
Secretary of State, either before or after the commencement of any such
inquiry, that a more formal investigation of the accident, and of the causes
thereof, and of the circumstances attending the same, is expedient, the
Secretary of State may by order direct such investigation to be held, and with
respect to such inquiry and investigation the following provisions shall have
effect:

(1)The Secretary of State may, by the same or any subsequent order, appoint
any person or persons possessing legal or special knowledge to asisst the
Government inspector in holding the formal investigation, or may direct
the county court judge, [resident magistrate], ... or other person or persons
named in the same or any subsequent order, to hold the same with the
assistance of a Government inspector or any other assessor or assessors named
in the order:

(2)The persons holding any such formal investigation (in this section referred
to as the court) shall hold the same in open court in such manner and under
such conditions as they may think most effectual for ascertaining the causes
and circumstances of the accident, and enabling them to make the report in
this section mentioned:

(3)The court shall have for the purpose of such investigation all the powers
of a court of summary jurisdiction when acting as a court in hearing
informations for offences against this Act, and all the powers of a Government
inspector under this Act, and in addition the following powers; namely,

(a)They may enter and inspect any place or building the entry or inspection
whereof appears to them requisite for the said purpose:

(b)They may by summons under their hands require the attendance of all such
persons as they think fit to call before them and examine for the said
purpose, and may for such purpose require answers or returns to such inquiries
as they think fit to make:

<(c)They may require the production of all books, papers, and documents which they consider important for the said purpose:


(d)They may administer an oath, and require any person examined to make and
sign a declaration of the truth of the statements made by him in his
examination:

<(e)Persons attending as witnesses before the court shall be allowed such expenses as would be allowed to witnesses attending before a court of record; and in case of dispute as to the amount to be allowed, the same shall be referred by the court to a master of one of the superior courts, who, on request under the hands of the members of the court, shall ascertain and certify the proper amount of such expenses:


(4)The Government inspector making an inquiry into any accident and the court
holding an investigation of any accident under this section shall make a
report to the Secretary of State, stating the causes of the accident and all
the circumstances attending the same, and any observations thereon or on the
evidence or on any matters arising out of the inquiry or investigation which
he or they think right to make to the Secretary of State, and the Secretary of
State shall cause every such report to be made public in such manner as he
thinks expedient:

(5)All expenses incurred in and about an inquiry or investigation under this
section shall be deemed to be part of the expenses of the Secretary of State
in carrying this Act into execution: and

(6)Any person who without reasonable excuse (proof whereof shall lie on him)
either fails, after having had the expenses (if any) to which he is entitled
tendered to him, to comply with any summons or requisition of a court holding
an investigation under this Act, or prevents or impedes such court in the
execution of their duty, shall for every such offence incur a penalty not
exceeding ten pounds, and in the case of a failure to comply with a
requisition for making any return or producing any document, not exceeding ten
pounds during every day that such failure continues.

Duty of harbour authority and power of officer.

© 1875 Crown Copyright

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