Regulation 13 Reports of investigations
Subject to paragraph (3), the Chief Inspector shall cause a report of an investigation into an accident conducted pursuant to regulation 10(8)(a), other than an accident the investigation of which is being undertaken on behalf of a State other than the United Kingdom, to be submitted to the Secretary of State and made publicly available in the shortest time possible and in such a manner as he thinks fit.
The report shall set out—
conclusions relating to the facts of the accident;
where the facts cannot be clearly established, analysis and professional judgement to determine the probable facts; and
recommendations for future safety.
The Chief Inspector shall not make the report publicly available until he has—
served a notice under this regulation upon any person who, or organisation which, could be adversely affected by the report or, if that person is deceased, upon such person or persons as appear to the Chief Inspector, at the time he proposes to serve notice pursuant to this paragraph, as best to represent the interests and reputation of the deceased in the matter, and
considered the representations relating to the facts or analysis contained in the report which may be made to him in accordance with paragraph (5) by or on behalf of the persons served with such notice, and amend the report in such manner as he thinks fit.
The notice referred to in paragraph (3)(a) shall be accompanied by a draft copy of the report.
The representations referred to in paragraph (3)(b) shall be in writing and shall be served on the Chief Inspector within 28 days of service of the notice referred to in paragraph (3)(a) or within such further period as may be allowed under regulation 16.
Subject to any Court order under regulation 12, no person shall disclose any information—
which has been furnished to him pursuant to paragraph (4) of this regulation; or
which has otherwise been furnished to him by or on behalf of the Chief Inspector in advance of the publication of a report and whose confidentiality is protected by regulation 12,
or permit such information to be disclosed, save with the prior consent in writing of the Chief Inspector, to any other person, except to such advisers as are necessary in order to make representations to the Chief Inspector referred to in paragraph (3)(b), and those advisers shall similarly be subject to the duty not to disclose the information or permit it to be disclosed.
A copy of the report when made publicly available shall be given by the Chief Inspector to—
any person who has been served with a notice pursuant to paragraph (3)(a);
those persons or bodies to whom recommendations have been addressed in that report;
the Secretary of State;
the IMO;
where regulation 11(1) applies to the investigation, to the European Commission; and
any person or organisation whom the Chief Inspector considers may find the report useful or of interest.
Where an inquest or fatal accident inquiry is to be held following an accident which has been subject to investigation, a draft report may be made available in confidence to the coroner or procurator fiscal by the Chief Inspector.
If any part of the report or analysis therein is based on information obtained pursuant to an inspector’s powers under sections 259 and 267(8) of the Act, the report shall be inadmissible in any judicial proceedings whose purpose or one of whose purposes is to attribute or apportion liability or blame unless a Court or tribunal, having regard to the factors mentioned in regulation 12(5)(b) or (c), determines otherwise.
In this regulation, “judicial proceedings” includes any civil or criminal proceedings before any court, tribunal or person having by law the power to hear, receive and examine evidence on oath.