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Made | 26th September 2005 | ||
Coming into force | 1st November 2005 |
1. | Citation and commencement |
2. | Interpretation |
3. | Application |
4. | Purpose of the investigation of accidents |
5. | Duty to furnish information relating to accidents |
6. | Publication |
7. | Removal of damaged aircraft |
8. | Inspectors of Air Accidents |
9. | Powers of Inspectors |
10. | Form and conduct of investigations |
11. | Inspector's report |
12. | Notice of Inspector's report and representations thereon |
13. | Publication of reports |
14. | Safety recommendations |
15. | Reopening of investigation |
16. | Accredited representatives |
17. | Obstruction of investigation |
18. | Disclosure of relevant records |
19. | Revocation |
(b) the aircraft sustains damage or structural failure which:
and "seriously injured" shall be construed accordingly;
(2) Any notice or other document required or authorised by any provision of these Regulations to be served on or given to any person may be served or given—
(3) An aircraft shall be treated for the purpose of these Regulations as being a military aircraft if—
(4) References in these Regulations to the Secretaries of State are to the Secretary of State for Transport and the Secretary of State for Defence acting jointly.
Application
3.
—(1) Where a military aircraft is involved in an accident arising out of or in the course of air navigation occurring in or over the United Kingdom and the Secretaries of State are of the opinion that the accident occurred or may have occurred—
they may, save where the accident is one to which the Civil Regulations apply, direct that the accident shall be treated as an accident to which these Regulations apply.
(2) Public notice of any direction made under this regulation shall be given in such manner as the Secretaries of State may think fit.
(3) References in these Regulations to an accident to which these Regulations apply are references to an accident in respect of which a direction has been given under this regulation.
Purpose of the investigation of accidents
4.
The sole objective of the investigation of an accident to which these Regulations apply shall be the prevention of accidents. It shall not be the purpose of such an investigation to apportion blame or liability.
Duty to furnish information relating to accidents
5.
—(1) Where a military aircraft is involved in an accident to which these Regulations apply and the accident occurs on or adjacent to a civil aerodrome, the aerodrome authority shall—
(2) The notice to the Chief Inspector referred to in paragraph (1) shall contain as much of the following information as is available—
(i) the nature of the accident and the extent of the damage to the aircraft and property as far as is known;
(j) the nature of any air cargo, munitions or other dangerous or potentially hazardous items carried on the aircraft.
Publication
6.
Subject to regulation 12, the Chief Inspector may at any time publish, or cause to be published, information relating to an accident to which these Regulations apply.
Removal of damaged aircraft
7.
—(1) Subject to paragraph (2) and regulation 9, where an accident occurs to which these Regulations apply—
(2) Subject to the provisions of section 21(4), (4A) and (5) of the Customs and Excise Management Act 1979[6]—
(3) In this regulation the expression "authorised person" means—
Inspectors of Air Accidents
8.
—(1) The Chief Inspector shall determine whether or not an investigation shall be carried out into any accident to which these Regulations apply and he himself may carry out or cause an Inspector to carry out an investigation of any such accident.
(2) Without prejudice to the power of an Inspector to seek such advice or assistance as he may deem necessary in making an investigation, the Secretary of State for Transport may at the request of the Chief Inspector—
(3) The Chief Inspector may authorise that any of his powers and obligations under these Regulations shall be performed on his behalf by an Inspector designated by him to be his deputy.
(4) In any case where the Chief Inspector causes more than one Inspector to carry out an investigation he shall nominate one of them to be in overall charge of the investigation.
Powers of Inspectors
9.
—(1) For the purposes of enabling him to carry out an investigation into an accident to which these Regulations apply in the most efficient way and within the shortest time, an investigating Inspector is hereby authorised to—
(2) For the purposes of paragraph (1) above an inspecting Investigator shall have power —
(b) to take such statements from all such persons as he thinks fit and to require any such person to make and sign a declaration of the truth of the statement made by him;
(c) on production if required of his credentials, to enter and inspect any place, building or aircraft if it appears to him to be necessary for the purposes of the investigation;
(d) on production if required of his credentials, to remove, test, take measures for the preservation of or otherwise deal with any aircraft or any part of such aircraft or anything carried thereon other than an aircraft involved in the accident where it appears to him necessary for the purposes of the investigation; and
(e) to take such measures for the preservation of evidence as he considers appropriate.
(3) Every person summoned by an investigating Inspector under paragraph 2(a) shall be allowed such expenses as the Secretaries of State may determine.
Form and conduct of investigations
10.
—(1) The extent of investigations and the procedure to be followed in carrying out investigations authorised under these Regulations shall be determined by the Chief Inspector taking account of the purpose described in regulation 4 and the lessons he expects to draw from the accident for the improvement of safety.
(2) The Chief Inspector shall notify the Secretaries of State in writing of his decision to proceed or not proceed with an investigation into an air accident to which these Regulations apply.
Inspector's report
11.
—(1) On completion of an investigation into an accident to which these Regulations apply, the investigating Inspector shall prepare a report of the investigation in a form appropriate to the type and seriousness of the accident.
(2) If it appears to the investigating Inspector that the investigation of an accident to which these Regulations apply has been completed but for the investigation of matters affecting the discipline or internal administration of—
which are more appropriate for the investigation by some other person or body, the investigation may be treated for the purposes of paragraph (1) as if it had been completed without such matters being investigated under these Regulations.
(3) In a case covered by paragraph (2) the report of the investigation into the accident shall state those matters to which the investigation has not extended by reason of that paragraph.
(4) The report of an investigation into an accident to which these Regulations apply shall state the sole objective of the investigation as described in regulation 4 and contain, where appropriate, safety recommendations.
(5) A safety recommendation shall in no case create a presumption of blame or liability for an accident.
(6) The Chief Inspector shall submit a copy of every report prepared pursuant to paragraph (1) to the Secretaries of State without delay.
(7) In this regulation and regulation 12, the expression "investigating Inspector" in a case where more than one Inspector is carrying out the task of investigation means the Inspector nominated by the Chief Inspector to be in overall charge of the investigation, and that person shall not be the Chief Inspector.
Notice of Inspector's report and representations thereon
12.
—(1) No report which is required by regulation 13 to be published shall be published if, in the investigating Inspector's opinion, it is likely to adversely affect the reputation of any person, until he has—
(2) The notice referred to in paragraph (1)(a) shall include particulars of any proposed analysis of facts and conclusions as to the cause or causes of the accident which may affect the person on whom or in respect of whom the notice is served.
(3) Any representations made pursuant to paragraph (1)(b) shall be in writing and shall, subject to paragraph (6), be served on the investigating Inspector within 28 days of service of the notice referred to in paragraph (1)(a).
(4) A copy of the report submitted to the Secretaries of State under regulation 11(6) shall be served by the investigating Inspector on any person who has been served with a notice pursuant to paragraph (1).
(5) No person shall disclose or permit to be disclosed any information contained in a notice or report served on him pursuant to paragraphs (1) or (4) to any other person without the prior consent in writing of the Chief Inspector.
(6) The Chief Inspector shall have power to extend the period of 28 days prescribed in paragraph (3) and this power shall be exercisable notwithstanding that that period has expired.
Publication of reports
13.
Subject to regulation 12(1), the Chief Inspector shall cause the report of an investigation to be made public in the shortest time possible (and, if possible, within 12 months of the date of the accident) and in such manner as he thinks fit.
Safety recommendations
14.
—(1) The Chief Inspector shall cause the report referred to in regulation 13, including the safety recommendations contained therein, to be communicated to the undertakings or national aviation authorities concerned in the accident.
(2) Any undertaking or authority to which a safety recommendation is communicated pursuant to paragraph (1) shall, without delay—
(c) give notice to the Secretaries of State if at any time any information provided to the Secretaries of State in accordance with paragraph (2)(b)(i) concerning the measures it proposes to take or the timetable for securing their implementation is rendered inaccurate by any change of circumstances.
Reopening of investigation
15.
—(1) The Chief Inspector may cause the investigation of any accident to which these Regulations apply to be re-opened and shall do so—
(2) Without prejudice to regulation 19(3) any investigation re-opened shall be subject to and conducted in accordance with the provisions of these regulations.
Accredited representatives
16.
—(1) Where an investigation of an accident is being carried out by an investigating Inspector pursuant to regulation 8, an accredited representative appointed by—
may take part in the investigation.
(2) For the purposes of paragraph (1) an accredited representative shall be permitted to—
(3) In this regulation the expression "investigating Inspector" in a case where more than one Inspector is carrying out the task of investigation means the Inspector nominated under regulation 8(4).
Obstruction of investigation
17.
—(1) No person shall obstruct or impede any investigating Inspector or any person acting under the authority of the Secretaries of State in the exercise of any powers under these Regulations.
(2) No person shall without reasonable excuse fail, after having had the expenses (if any) to which he is entitled under these Regulations tendered to him, to comply with any summons of an investigating Inspector.
Disclosure of relevant records
18.
—(1) Subject to paragraphs (2) and (4) to (6) no relevant record shall be made available by the Secretaries of State to any person for purposes other than accident investigation.
(2) Nothing in paragraph (1) shall preclude a person making a relevant record available to any other person where—
(3) In this regulation—
(4) Subject to paragraph (6) no order shall be made under paragraph (2) unless the relevant court is satisfied that the interests of justice in the circumstances in question outweigh the adverse domestic and international impact which disclosure may have—
(5) A relevant record or part thereof shall not be treated as having been made available under paragraph (1) in any case where that record or part is included in the final report (or the appendices to the final report) of the accident.
(6) The provisions of this regulation shall be without prejudice to any rule of law which authorises or requires the withholding of any relevant record or part thereof on the ground that the disclosure of it would be injurious to the public interest.
Revocation
19.
—(1) The Air Navigation (Investigation of Air Accidents involving Civil and Military Aircraft or Installations) Regulations 1986[7] are hereby revoked.
(2) Any investigation commenced under those Regulations which has not been the subject of a report submitted to the Secretaries of State, shall continue as if it had been commenced under these Regulations.
(3) Any investigation commenced under the Regulations in paragraph (1) which is subsequently re-opened shall continue as if it had commenced under these Regulations.
Signed by authority of the Secretary of State
Karen Buck
Parliamentary Under Secretary of State Department for Transport
26th September 2005
Copies of Annex 13 9th Edition (July 2001) to the International Convention on Civil Aviation may be obtained from Airplan Flight Equipment Limited, of 1A Ringway Trading Estate, Shadowmoss Road, Manchester, M22 5LH.
[3] The ninth edition of Annex 13 to the Convention dated 1st July 2001 is published by the International Civil Aviation Organisation, Montreal, Canada.back
[5] OJ No. L319, 12.2.94, p.14; a correction to Article 12 which incorrectly states that the implementation date is 21st November 1994 (the correct date is 21st November 1996), has been published in OJ No. L191, 12.8.95, p.39.back
[6] 1979 c.2. Section 21(4A) was inserted by regulation 6(5) of the Customs Control on Importation of Goods Regulations 1991 (S.I. 1991/2724).back