Merchant Shipping Act (Cap. 234)

Merchant Shipping Act (Cap. 234), article 314

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314. (1) A person authorised as aforesaid to make a preliminary inquiry shall, in any case where it appears to him requisite or expedient (whether upon a preliminary inquiry or without holding such inquiry) that a formal investigation shoul d be held, and in any case where the Minister so directs, apply to t he Court of Magistrates to hold a formal investigation; and that c ourt shall thereupon hold the formal investigation. (2) The person authorised as af oresaid to make a preliminary inquiry shall also apply to the said court to hold a formal investigation where the shipping casualty involves or is likely to involve a question as to the c ancelling or suspension of the certificate of a maste r, mate or engineer. (3) The said court shall have the same jurisdiction over the matter referred to it as if the shipping casualty had occurred within its jurisdiction and, without prejudice to the provisions of th is Part of this Act, shall have all the powers competent to it in the e xercise of its ordinary jurisdiction.    Cap. 9. (4) Where a formal investigation is held under this Part of this Act into any matter in respect of which an inquest is required to be held under the Criminal Code , the provisions of that Code in relation thereto shall be d eemed to have been satisfied.   Cap. 9. (5) Notwithstanding the provisions of sub-article (3), article 550A(4) of the Criminal Code shall apply to any formal investigation held under this Part of this Act as if for the wo rds "the inquest" there were substituted t he words "the formal investiga tion" and for the word "experts" there was substituted the word "assessors". Procedure as to formal investigations.

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Text read from the consolidated PDF published by Legislation Malta. Tables, figures and marginal notes may be incomplete or out of place: the official PDF is authoritative. General information, not legal, tax or accounting advice.