MERCHANT SHIPPING ACT 1894 - SECT 470 Inquiry in case of loss of life from fishing vessel's boat.

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MERCHANT SHIPPING ACT 1894 - SECT 470

Inquiry in case of loss of life from fishing vessel's boat.

470.(1) The certificate of a master, mate, or engineer may be cancelled or
suspended

(a)by a court holding a formal investigation into a shipping casualty under
this Part of this Act, or by a naval court constituted under this Act, if the
court find that the loss or abandonment of, or serious damage to, any ship, or
loss of life, has been caused by his wrongful act or default, provided that,
if the court holding a formal investigation is a court of summary
jurisdiction, that court shall not cancel or suspend a certificate unless one
at least of the assessors concurs in the finding of the court:

(b)by a court holding an inquiry under this Part of this Act into the conduct
of a master, mate, or engineer, if they find that he is incompetent, or has
been guilty of any gross act of misconduct, drunkenness, or tyranny, or that
in a case of collision he has failed to render such assistance or give such
information as is required under the Fifth Part of this Act:

(c)by any naval or other court where under the powers given by this Part of
this Act the holder of the certificate is superseded or removed by that court.

(2) Where any case before any such court as aforesaid involves a question as
to the cancelling or suspending of a certificate, that court shall, at the
conclusion of the case or as soon afterwards as possible, state in open court
the decision to which they have come with respect to the cancelling or
suspending thereof.

(3) The court shall in all cases send a full report on the case with the
evidence to the Board of Trade, and shall also, if they determine to cancel or
suspend any certificate, send the certificate cancelled or suspended to the
Board of Trade with their report.

(4) A certificate shall not be cancelled or suspended by a court under this
section, unless a copy of the report, or a statement of the case on which the
investigation or inquiry has been ordered, has been furnished before the
commencement of the investigation or inquiry to the holder of the
certificate.][

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Northern Irish Legislation

MERCHANT SHIPPING ACT 1894 - SECT 470