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HYDROGEN CYANIDE (FUMIGATION) ACT (NORTHERN IRELAND) 1938 - SECT 5

Short title.

5. This Act may be cited as the Hydrogen Cyanide (Fumigation) Act (Northern
Ireland), 1938.Inquiry into accidents.

14. The Minister of Home Affairs may direct an inquiry to be made by such
person as he may appoint into the cause of any accident of which notice is
required by this Act to be given to the said Minister, and where it appears to
the said Minister either before or after the commencement of any such inquiry,
that a more formal investigation of the accident, and of the causes and
circumstances thereof, is expedient, he may by order direct a formal
investigation to be held, and with respect to inquiries and investigations
made or held under this Act the following provisions shall have effect:

(a)the Minister of Home Affairs may, by the same or any subsequent order,
appoint any person or persons possessing legal or special knowledge to assist
in holding a formal investigation, or may direct such county court judge,
resident magistrate appointed under the Summary Jurisdiction and Criminal
Justice Act (Northern Ireland), 1935, or under the Constabulary Acts as
defined by that Act, or other person or persons as may be named in the order,
to hold such an investigation with the assistance of any assessor or assessors
named in the order:

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

(c)the court shall have for the purpose of the investigation all the powers of
a court of summary jurisdiction when acting as a court in hearing informations
for offences against this Act, and in addition the following powers, namely

(i)they may enter and inspect any place or building and may inspect any
article the entry or inspection whereof appears to them requisite for the said
purpose;

(ii)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 the said purpose require to be furnished to them answers
or returns to such inquiries as they think fit to make;

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


<(iv)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:


(d)persons attending as witnesses before the court shall be allowed such
expenses as would be allowed to witnesses attending before a civil bill court:

(e)if any person without reasonable excuse (proof whereof shall lie on him)
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 the court in the
execution of their duty, he shall be liable on summary conviction to a fine
not exceeding ten pounds, or, in the case of a failure to comply with a
requisition for furnishing any return or producing any document, not exceeding
ten pounds for every day on which the failure occurs or continues:

(f)the person appointed to make an inquiry into any accident and the court
holding an investigation of any accident under this section shall make a
report to the Minister of Home Affairs, stating the causes of the accident and
all the circumstances attending it, and containing 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 include in the report, and the said Minister
shall cause every report so made to him to be made public in such manner as he
thinks expedient.15.(1) Where a coroner holds an inquest upon the body of any
person whose death may have been caused by any accident of which notice is
required by this Act to be given to the Minister of Home Affairs, the coroner
shall adjourn the inquest unless some person on behalf of the said Minister is
present to watch the proceedings:

Provided that, if the accident has not occasioned the death of more than one
person, and the coroner has sent to the Minister of Home Affairs notice of the
time and place of holding the inquest not less than forty-eight hours before
the time of the holding thereof, it shall not be imperative on him to adjourn
the inquest in pursuance of this section, if the majority of the jury think it
unnecessary that he should do so.

(2) The coroner, before the adjournment, may take evidence to identify the
body, and may order the interment thereof.

(3) The coroner, at least four days before holding the adjourned inquest,
shall send to the Minister of Home Affairs notice in writing of the time and
place of holding the adjourned inquest.

(4) A person employed on behalf of the Minister of Home Affairs shall be at
liberty at any such inquest as aforesaid to examine any witness, subject
nevertheless to the order of the coroner on points of law.

(5) Where at any inquest there is given evidence of any neglect having caused
or contributed to an accident, the coroner shall, if no person employed on
behalf of the Minister of Home Affairs is present at the inquest, send to the
Minister of Home Affairs notice in writing of the neglect.

© 1938 Crown Copyright

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