The Merchant Shipping (Accident Investigation)Regulations 1989

UK Statutory Instrument 1989 No. 1172 — creates 2 criminal offences.

Made

6 July 1989

In force from

7 August 1989

Extent

Not stated

Subject

Courts, police, prisons and the administration of justice

Made under

Merchant Shipping Act 1988

Explanatory note

(This note is not part of the Regulations) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.

These Regulations give effect to section 33 of the Merchant Shipping Act 1988, which relates to the investigation of marine accidents. They define the accidents to which they apply; set out the purpose of investigation; lay down requirements for accidents to be reported; and make provisions for the ordering and conduct of investigations. The more serious accidents (as defined) must be reported to the Chief Inspector of Marine Accidents, either directly or through a Department of Transport Marine Office or HM Coastguard. (A Merchant Shipping Notice will be issued giving further information on reporting). Any accident may be investigated if it involves a ship registered in the United Kingdom or any other ship in UK waters, and provision is made for the investigation of accidents to non-United Kingdom ships, outside UK waters, at the discretion of the Secretary of State. The Regulations apply to fishing vessels as well as to other ships; they also apply to pleasure craft except that such craft are excluded from the reporting requirements, as are lifeboats operated by the Royal National Lifeboat Institution. Hazardous incidents, defined broadly as incidents having the potential to lead to accidents, may also be investigated. On learning of an accident or hazardous incident, the Chief Inspector may call for such information as he considers necessary from the owner or master of the ship concerned, who must provide it to the best of his ability, before he decides whether an investigation by an inspector is required. If such an investigation is to be carried out, it shall be conducted as the inspector considers will best assist its aims, subject to his statutory powers which are laid down in section 27 of the Merchant Shipping Act 1979. The inspector’s findings, analysis and conclusions are to be submitted to the Chief Inspector, with any recommendations he thinks appropriate. In serious or important accidents, the Chief Inspector may order an Inspector’s Inquiry, at the conclusion of which he is to submit a report to the Secretary of State, which must include the inspector’s findings and his own observations. This report may, and in certain cases must, be published but safeguards are provided to prevent publication before any further legal proceedings under the Merchant Shipping Acts (which might be prejudiced by premature release of the report) are taken, or in other cases before a person who is adversely criticized in the report has the opportunity to rebut such criticism. Provision is also made for the production of summary reports of all investigations. Penalties are laid down for unreasonable failure to report an accident, to provide information, or to keep relevant documents and equipment for an inspector’s scrutiny. Penalties for obstructing an inspector or otherwise impeding his investigation are laid down in section 28 of the Merchant Shipping Act 1979.

Offences created by this instrument

• Penalties regulation 13(1) · Status not determined · Strict liability
• Penalties regulation 13(2) · Status not determined · Strict liability

What Parliament said about it

Contributions, debates and written statements mentioning this instrument by name. Parliamentary material is reused under the Open Parliament Licence v3.0.

• ("Tax And Company Provisions Lords · Lords Chamber · 10 October 1990 · Baroness Blatch

  My Lords, the noble Lord is right. This is a very important subject. Regulations are already in place which require reports of incidents concerning the actual or potential loss into the sea of dangerous goods, harmful substances and marine pollutants. The form of these reports has been agreed internationally through the International Maritime Organisation and there is no need to duplicate these requirements. Sufficient powers to investigate accidents or hazardous incidents which lead or might lead to environmental damage are already contained in the Merchant Shipping (Accident Investigation)…

• River Safety Commons · Commons Chamber · 17 April 1991 · Mr. John Bowis (Battersea)

  I beg to move, That leave be given to bring in a Bill to require minimum standards of visibility from the steering position of passenger launches plying on rivers and other inland waterways; to require the fitting of discotheque noise limiting devices in such launches; to make provision for signalling systems for traffic control in certain rivers; and for connected purposes. The subject of river safety inevitably makes us think of the tragedy surrounding the Marchioness and the lives lost. I wish to go back beyond that date and show that the lessons that should have been learnt were not…

• Marchioness Disaster Commons · Commons Chamber · 14 December 1993 · Mr. Nigel Spearing (Newham, South)

  I have no pleasure in raising the subject of the Marchioness disaster. We should not be here; it should not have happened; and it should have been cleared up by a public inquiry. In my Adjournment debate on 10 July last year, we were given an answer by one of the Ministers who are now present. I suspect that either he or a colleague will reply to the debate. I understand why two are present; I think that other debates may follow. I asked at least 10 questions which were not answered in that debate. One of the singular issues was that had the Marchioness disaster happened in June or July with…

• Marchioness Disaster Commons · Commons Chamber · 14 December 1993 · Mr. Key

  No. I am sorry, but I was given 20 minutes to reply to a debate lasting an hour and a half. I must get on. The inspectors were all well qualified. They are highly professional and experienced seafarers who are appointed to investigate accidents to or on ships. The branch in which they serve is completely independent of those who regulate marine safety. The chief inspector reports directly to my right hon. Friend the Secretary of State for Transport on marine accident investigations. The television programme's claim was that MAIB's investigation did not consider all the evidence and that the…

How Parliament handled it

Parliament's Statutory Instruments service records procedure from May 2017 onwards, and this instrument predates it. That is a limit of the source, not a statement that nothing happened.

Check the source

• This instrument on legislation.gov.uk The authoritative text, including amendments made since
• Other instruments from 1989