Merchant Shipping Act 1894
Re-hearing of inquiries and investigations.
475.—(1) The Board of Trade may, in any case where under this Part of this Act a formal investigation as aforesaid into a shipping casualty, or an inquiry into the conduct of a master, mate, or engineer has been held, order the case to be re-heard either generally or as to any part thereof, and shall do so—
(a) if new and important evidence which could not be produced at the investigation or inquiry has been discovered; or
(b) if for any other reason there has in their opinion been ground for suspecting that a miscarriage of justice has occurred.
(2) The Board of Trade may order the case to be re-heard, either by the court or authority by whom the case was heard in the first instance, or by the wreck commissioner, or in England or Ireland by the High Court, or in Scotland by the Senior Lord Ordinary, or any other judge in the Court of Session whom the Lord President of that court may appoint for the purpose, and the case shall be so re-heard accordingly.
(3) Where on any such investigation or inquiry, a decision has been given with respect to the cancelling or suspension of the certificate of a master, mate, or engineer, and an application for a re-hearing under this section has not been made or has been refused, an appeal shall lie from the decision to the following courts; namely,—
(a) If the decision is given in England or by a naval court, to the High Court:
(b) If the decision is given in Scotland, to either division of the Court of Session:
(c) If the decision is given in Ireland, to the High Court in Ireland.
(4) Any re-hearing or appeal under this section shall be subject to and conducted in accordance with such conditions and regulations as may be prescribed by rules made in relation thereto under the powers contained in this Part of this Act.
Annotations:
Modifications (not altering text):
C141
Application of s. (3) modified (1.06.1907) by Merchant Shipping Act 1906 (6 Edw. 7) c. 48, s. 66, commenced as per s. 86(2).
Appeal from decision on investigation as to shipping casualties.
66. Where, on any investigation or inquiry under the provisions of Part VI. of the principal Act, the court find that a shipping casualty has been caused or contributed to by the wrongful act or default of any person, and an application for rehearing has not been made under section four hundred and seventy-five or section four hundred and seventy-eight of the principal Act, or has been refused, the owner of the ship, or any other person who, having an interest in the investigation or inquiry, has appeared at the hearing and is affected by the decision of the court, may appeal from that decision in the same manner and subject to the same conditions in and subject to which a master may appeal under those sections against a decision with respect to the cancelling or suspension of his certificate.
C142
References to suspension or cancellation of a certificate construed (1.09.1981) by Merchant Shipping (Certification of Seamen) Act 1979 (37/1979), s. 10, S.I. No. 11 of 1981.
Consequential construction of certain provisions of Principal Act.
10.—References to suspension or cancellation of a certificate in sections 466, 469, 470 and 475 of the Principal Act shall be construed as including references to suspension or cancellation under section 9 of this Act.