Merchant Shipping (Investigation of Marine Accidents) Act 2025
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Powers of investigators – records and other information | ||
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26. (1) For the purposes of conducting a marine safety investigation or carrying out a preliminary assessment, an investigator may, subject to suitable and specific measures to protect the data— | ||
(a) require any person specified in section 27 (1) or any person found in a place that is being searched to produce to the investigator information, documentation, books or records and where such information, documentation, books or records are kept in non-legible form to reproduce, in a legible form and to give him or her any information as the officer may reasonably require in relation to such information, documentation, books or records, | ||
(b) inspect and take copies of, or extracts from, any such information, documentation, books or records, | ||
(c) retain such information, documentation, books or records for such periods as he or she considers to be necessary for the purposes of conducting a marine safety investigation, | ||
(d) require any such person to provide such assistance as the investigator may reasonably require for the purpose of his or her functions under this Act, and | ||
(e) require any such person to answer such questions as the investigator may ask relative to the investigator’s functions under this Act. | ||
(2) A person who obstructs or interferes with an investigator of exercising a power under this Act commits an offence and is liable on summary conviction to a class A fine. | ||
(3) A person who fails or refuses to comply with a requirement of an investigator pursuant to paragraph (d) or (e) of subsection (1), or in purported compliance with such a requirement gives information or makes a declaration to the investigator that he or she knows to be false or misleading in any material respect commits an offence and is liable on summary conviction to a class A fine. | ||
(4) A statement or admission made by a person pursuant to a requirement under paragraph (d) or (e) of subsection (1) shall not be admissible as evidence in proceedings brought against the person for an offence (other than an offence under subsection (3)). |