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The Merchant Shipping (Accident Reporting and Investigation) Regulations 2012
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- UK Statutory Instruments
- 2012 No. 1743
- Regulation 12
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Co-operation with other StatesU.K.
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12.—(1) A safety investigation commenced by the Chief Inspector under regulation 8 shall, where appropriate, be conducted in co-operation with,
F1(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)another Substantially Interested State.
(2) A Substantially Interested State shall be allowed to participate in a safety investigation led by the Chief Inspector at any stage of that investigation by mutual agreement.
(3) Where a safety investigation has been commenced, under regulation 12(1) the Chief Inspector and any other States involved shall agree in the shortest possible time—
(a)which of them shall lead the safety investigation, and
(b)the procedures to be adopted for the purposes of such an investigation.
(4) For the purposes of this regulation a Substantially Interested State—
(a)has equal rights and access to witnesses and evidence involved in a safety investigation, and
(b)any representations that it may make to the lead investigating State must be taken into consideration for the purposes of the safety investigation.
[F2(5) For the purposes of this regulation, paragraph (4)(a) applies only if the Chief Inspector is satisfied that the competent authority of the Substantially Interested State concerned ensures, or will ensure, that any document falling within paragraph (5A) is not made available for purposes other than the safety investigation, unless that competent authority determines, or has determined, that there is an overriding public interest in the disclosure of the document.
(5A) A document falls within this paragraph if it is—
(a)witness evidence or any other statement, account or note taken, or received by, the competent authority in the course of the safety investigation;
(b)a record which may reveal the identity of a person who has given evidence in the context of the safety investigation;
(c)information relating to a person involved in a marine casualty or incident which is of a particularly sensitive and private nature, including information concerning the person’s health.]
(6) Where a Substantially Interested State has been allowed to participate in a safety investigation and no agreement in accordance with regulation 12(3)(a) has occurred then the Chief Inspector and such other F3... Substantially Interested StatesF4... shall—
(a)conduct parallel safety investigations, [F5and]
(b)exchange evidence and information with each other for the purposes, as far as possible, of reaching shared conclusions,F6...
F7(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7) The Chief Inspector may delegate the whole or any part of a safety investigation to another F8... State by mutual agreement with the F8... State.
F9(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F9(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F9(10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Reg. 12(1)(a) omitted (31.12.2020) by virtue of The Merchant Shipping (Accident Reporting and Investigation) and the Railways (Accident Investigation and Reporting) (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1400), regs. 1, 9(2); 2020 c. 1, Sch. 5 para. 1(1)
F2Reg. 12(5)(5A) substituted for reg. 12(5) (31.12.2020) by The Merchant Shipping (Accident Reporting and Investigation) and the Railways (Accident Investigation and Reporting) (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1400), regs. 1, 9(3); 2020 c. 1, Sch. 5 para. 1(1)
F3Words in reg. 12(6) omitted (31.12.2020) by virtue of The Merchant Shipping (Accident Reporting and Investigation) and the Railways (Accident Investigation and Reporting) (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1400), regs. 1, 9(4)(a); 2020 c. 1, Sch. 5 para. 1(1)
F4Words in reg. 12(6) omitted (31.12.2020) by virtue of The Merchant Shipping (Accident Reporting and Investigation) and the Railways (Accident Investigation and Reporting) (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1400), regs. 1, 9(4)(b); 2020 c. 1, Sch. 5 para. 1(1)
F5Word in reg. 12(6)(a) inserted (31.12.2020) by The Merchant Shipping (Accident Reporting and Investigation) and the Railways (Accident Investigation and Reporting) (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1400), regs. 1, 9(4)(c); 2020 c. 1, Sch. 5 para. 1(1)
F6Word in reg. 12(6)(b) omitted (31.12.2020) by virtue of The Merchant Shipping (Accident Reporting and Investigation) and the Railways (Accident Investigation and Reporting) (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1400), regs. 1, 9(4)(d); 2020 c. 1, Sch. 5 para. 1(1)
F7Reg. 12(6)(c) omitted (31.12.2020) by virtue of The Merchant Shipping (Accident Reporting and Investigation) and the Railways (Accident Investigation and Reporting) (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1400), regs. 1, 9(4)(e); 2020 c. 1, Sch. 5 para. 1(1)
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