The Merchant Shipping (Formal Investigations) Rules 1985

Notice of Investigation and Parties to the Investigation

5.—(1) When the Secretary of State causes a formal investigation to be held, he shall cause a notice, in these Rules called a “notice of investigation” to be served on any persons, including the Department of Transport, who in the opinion of the Secretary of State ought to be made a party; and any such person upon whom a notice of investigation has been served shall be a party to the formal investigation. The Secretary of State shall be a party to the formal investigation.

(2) The notice of investigation shall contain:—

(a)a statement of the facts giving rise to the formal investigation;

(b)a statement of the questions which the Secretary of State intends to raise at the formal investigation.

At any time before or during the hearing of the formal investigation the Secretary of State may amend, add to or omit any of the questions contained in the notice of investigation.

(3) The Secretary of State shall as far as practicable cause every party to the formal investigation to be given not less than 30 days notice of the time of and the date when and the place where the hearing of the formal investigation will commence;

provided that such notice shall not be required to be given to any person who is made a party pursuant to Rule 6 of these Rules after the date of the hearing has been fixed.

(4) If at any time during the preparation for the formal investigation it appears likely to the Secretary of State that the conduct of any person will be in issue, the Secretary of State shall cause that person to be notified to that effect.

(5) Service of any notice or other document issued under this Rule may be effected either personally or by registered post or by the recorded delivery service to the person's last known address.

6.  Any person who is not already a party to a formal investigation may, with the leave of the wreck commissioner, become a party to the formal investigation. Application for such leave may be made to the wreck commissioner at any time before or during the formal investigation.