MERCHANT SHIPPING ACT 1894 - SECT 471 Power of Board of Trade as to certificate.

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MERCHANT SHIPPING ACT 1894 - SECT 471

Power of Board of Trade as to certificate.

471.(1) If the Board of Trade, either on the report of a local marine board or
otherwise, have reason to believe that any master, mate, or certificated
engineer is from incompetency or misconduct unfit to discharge his duties, 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, the Board
may cause an inquiry to be held.

(2) The Board may either themselves appoint a person to hold the inquiry or
direct the local marine board at or nearest the place at which it is
convenient for the parties or witnesses to attend to hold the same, or where
there is no local marine board before which the parties and witnesses can
conveniently attend, or the local marine board is unwilling to hold the
inquiry, may direct the inquiry to be held before a court of summary
jurisdiction.

(3) Where the inquiry is held by a local marine board, or by a person
appointed by the Board of Trade, that board or person

(a)shall hold the inquiry, with the assistance of a local
stipendiary magistrate, or, if there is no such magistrate available, of a
competent legal assistant appointed by the Board of Trade; and

(b)shall have all the powers of a Board of Trade inspector [under section 27
of the Merchant Shipping Act 1979]; and

(c)shall give any master, mate, or engineer against whom a charge is made an
opportunity of making his defence either in person or otherwise, and may
summon him to appear; and

(d)may make such order with regard to the costs of the inquiry as they think
just; and

(e)shall send a report upon the case to the Board of Trade.

(4) Where the inquiry is held by a court of summary jurisdiction, the inquiry
shall be conducted and the results reported in the same manner, and the court
shall have the like powers, as in the case of a formal investigation into a
shipping casualty under this Part of this Act, provided that, if the Board of
Trade so direct, it shall be the duty of the person who has brought the charge
against the master, mate, or engineer, to the notice of the Board of Trade, to
conduct the case, and that person shall in that case, for the purpose of
this Act, be deemed to be the party having the conduct of the case.][

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Northern Irish Legislation

MERCHANT SHIPPING ACT 1894 - SECT 471