Regulation 17 Reports of safety investigations

(1)

The Chief Inspector—

(a)

must publish a report of a safety investigation as soon as is practicable;

(b)

must, if it is not possible to produce a report under sub-paragraph (a) within 12 months of the date of notification of the accident to the Chief Inspector, publish an interim report within that time;

(c)

may publish, at any time before the report under sub-paragraph (a) is published, an interim report where the Chief Inspector considers it appropriate to do so to address an urgent safety concern arising as a result of the investigation.

(2)

A report under paragraph (1) must contain—

(a)

the information set out in Schedule 2 which the Chief Inspector considers is relevant to the safety investigation, and

(b)

any additional information which the Chief Inspector considers is relevant to the safety investigation.

(3)

The Chief Inspector, before publishing a report under paragraph (1)(a), must—

(a)

serve a notice, accompanied by a draft copy of the report, or the relevant part of a report, on—

(i)

any person who the Chief Inspector considers could be adversely affected by the report or, if that person is deceased, upon the person who the Chief Inspector considers, at the time it is proposed to serve the notice, to best represent the interests and reputation of the deceased in the matter, and

(ii)

any other person the Chief Inspector considers appropriate,

(b)

invite any person on whom a notice is served under paragraph (a) to make representations to the Chief Inspector, and

(c)

consider any representations made under paragraph (b) relating to the facts or analysis contained in the report and amend the report as the Chief Inspector thinks fit.

(4)

A person served with a notice under paragraph (3)(a) who has given a declaration or statement to an inspector in the course of a safety investigation is entitled to a transcript of that declaration or statement.

(5)

The Chief Inspector is not required to consider representations made under paragraph (3)(b) unless those representations are—

(a)

made in writing, and

(b)

received by the Chief Inspector within the period of 30 days beginning with the date on which the notice was served under paragraph (3)(a), or such further period as may be allowed under regulation 22.

(6)

The Chief Inspector, before publishing an interim report under paragraph (1)(b) or (c), may consult such persons in such manner and for such time as the Chief Inspector thinks fit.

(7)

When a Substantially Interested State requests the Chief Inspector to supply it with a draft safety investigation report the Chief Inspector must not do so unless that State has agreed in writing to comply with the provisions of Chapter 13 of the IMO Code.

(8)

Where an inquest or fatal accident inquiry is to be held following an accident which has been subject to a safety investigation, the Chief Inspector may make a draft report available in confidence to the coroner or procurator fiscal.

(9)

A copy of the report when published under paragraph (1)(a) must be given by the Chief Inspector to—

(a)

any person served with a notice under paragraph (3),

(b)

persons to whom recommendations have been addressed in that report,

(c)

the Secretary of State,

(d)

the IMO, and

(e)

any person whom the Chief Inspector considers may find the report useful or of interest.