Merchant Shipping (Investigation of Marine Accidents) Act 2025
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Transitional investigation provisions | ||
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42. (1) Each report prepared and published by the MCIB before the appointed day under section 34 of the Act of 2000 shall have effect on and after that day as if it were prepared and published by the MAIU. | ||
(2) Each report prepared and published by the MCIB before the appointed day under Regulation 11 of the Regulations of 2011 shall have effect on and after that day as if it were prepared and published by the MAIU. | ||
(3) Each safety recommendation made by the MCIB before the appointed day under Regulation 12 of the Regulations of 2011 shall have effect on and after that day as if it were made by the MAIU. | ||
(4) Where, prior to the appointed day, there is an ongoing investigation, that investigation shall, notwithstanding the repeal of the Act of 2000 by section 5 , continue to be dealt with and determined by the MCIB investigator concerned or a MAIU investigator pursuant to subsection (7), under and in accordance with Part 3 of the Act of 2000, subject to the following modifications— | ||
(a) each reference to the Board in that Part shall be read as a reference to the MAIU, | ||
(b) each reference to an investigator in that Part shall be read as including a MAIU investigator, and | ||
(c) any other necessary modifications. | ||
(5) Where, prior to the appointed day, there is an ongoing safety investigation, that investigation shall, notwithstanding the revocation of the Regulations of 2011 and the repeal of the Act of 2000 by section 5 , continue to be dealt with and determined by the MCIB investigator concerned or a MAIU investigator pursuant to subsection (7), under and in accordance with the Regulations of 2011, subject to the following modifications— | ||
(a) each reference to the Board in the Regulations of 2011 shall be read as a reference to the MAIU, | ||
(b) each reference to the Board in Part 3 of the Act of 2000 shall be read as a reference to the MAIU, | ||
(c) each reference to an investigator in Part 3 of the Act of 2000 shall be read as including a MAIU investigator, and | ||
(d) any other necessary modifications. | ||
(6) Notwithstanding the repeal of the Act of 2000 and the revocation of the Regulations of 2011 by section 5 , for the purpose of subsections (4) and (5)— | ||
(a) any notice or direction given, warrant issued or action taken in relation to an ongoing investigation or an ongoing safety investigation, shall continue to have effect on and after the appointed day, subject to any necessary modifications, | ||
(b) section 18 of the Act of 2000 shall continue to apply to a MCIB investigator, subject to the modification that each reference to the Board in that section shall be read as a reference to the MAIU, | ||
(c) sections 41 and 42 of the Act of 2000 shall continue to apply, subject to the modification that the reference to the Board in section 41 of that Act shall be read as a reference to the MAIU, and | ||
(d) Regulation 15 of the Regulations of 2011 shall continue to apply, subject to the modification that the reference to the Board in that Regulation shall be read as a reference to the MAIU. | ||
(7) A MAIU investigator may, upon the request of the Chief Investigator, continue and complete an ongoing investigation or an ongoing safety investigation and, where a MAIU investigator is so requested, he or she shall be furnished with a warrant of appointment for that purpose. | ||
(8) Where, prior to the appointed day, the Minister directs that an inquiry under section 38 of the Act of 2000 should be held, the tribunal shall, notwithstanding the repeal of the Act of 2000 by section 5 , continue and complete that inquiry under and in accordance with section 38 of the Act of 2000, subject to any necessary modifications. | ||
(9) In this section— | ||
“MAIU investigator” means an investigator appointed under section 9 ; | ||
“MCIB investigator” means a person engaged under section 16(1) of the Act of 2000 to be an investigator; | ||
“ongoing investigation” means an investigation of a marine casualty under the Act of 2000 in respect of which— | ||
(a) a MCIB investigator has been appointed under section 26(2) of the Act of 2000, and | ||
(b) a report has not, on the appointed day, issued under section 34 of the Act of 2000; | ||
“ongoing safety investigation” means a safety investigation under the Regulations of 2011 in respect of which— | ||
(a) a MCIB investigator has been appointed under section 26(2) of the Act of 2000, and | ||
(b) a final report has not, on the appointed day, issued under Regulation 11 of the Regulations of 2011. |