Explanatory note

These Regulations replace the Merchant Shipping (Accident Investigation) Regulations 1994.

The main changes are:

A new, broader, definition of “accident” which includes some of those events previously known as “dangerous occurrences”, has been introduced. (Regulation 2(1))

The definitions of “dangerous occurrence”, “strands” and “ serious casualty” have been removed.

“Serious injury” has been redefined and no longer applies only to people employed or carried in a United Kingdom ship. (Regulation 2(2))

Various regulations have been updated with reference to modern methods of communication, and accordingly statutory accident reporting times have been reduced.

A regulation regarding the disclosure of records has been included. Declarations and other records used in accident investigation will only be disclosed if a court so orders, or if a declarant gives written permission. (Regulation 9)

The concept of an “Inspector’s Inquiry” and the reference to summary reports have been removed. Instead all reports of investigations will be made publicly available in such a manner as the Chief Inspector sees fit, subject to certain safeguards with respect to national security. (Regulation 10)

The consultation with those whose reputation is likely to be affected by a report of an investigation, before it is made publicly available, has been reduced to one period of 28 days. (Regulation 10(5))

The Chief Inspector’s discretion whether or not to comply in serving a notice on a person likely to be adversely affected by a report, when a coroner’s inquest or fatal accident inquiry has been held, has been removed from the Regulations.

It will be an offence for any person to falsely claim to have additional information or new evidence pertaining to an accident. (Regulation 14(1)(c))