Explanatory note

The Secretary of State may, under section 268 of the Merchant Shipping Act 1995 (“the Act”) cause a formal investigation to be held into any marine accident. Under section 269 of the Act he may order a re-hearing of such a formal investigation. Section 270 of the Act enables the Secretary of State to make rules for the conduct of formal investigations under section 268 and for the conduct of any re-hearing under section 269 which is not held, as the case may be, either by the High Court or the Court of Session. These are reserved matters in terms of Schedule 5 to the Scotland Act 1998 (c. 46). Such investigations in Scotland should therefore be conducted under the direction of the Advocate General for Scotland rather than the Lord Advocate, and these Rules make the necessary change to the Merchant Shipping (Formal Investigations) Rules 1985.