Merchant Shipping Act (Cap. 234)

Merchant Shipping Act (Cap. 234), article 315

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315. (1) The court shall hold the formal investigation with the assistance of one or more assess ors of nautical, engineering or other special skill or knowledge, to be appointed out of a list of persons for the time being approved by the Minister, in such manner and according to such regulations as may be prescribed b y rules by the Minister under this Part of this Act with respect thereto: Provided that where an inves tigation involves or appears likely to involve any question as to the cancelling or suspensi on of the certificate of a master, mat e or engineer, the court shall hold the investigation with the assistance of not less than two assessor s having experience in the merchant service. (2) Every formal investigation into a shipping casualty shall be conducted in such manner that if a charge is made against any person, that person shall have an opportunity of making a defen ce. (3) Formal investigations shall be held in some public building or other suitable place not being a court ordinarily used as a police court, unless no other suitable place is, in the opinion of the court, available. (4) Formal investigations may, whenever the court shall deem it expedient, be conducted in the English language, and any procès- verbal or evidence written in that la nguage may be inserted in the 154 CAP. 234.] MERCHANT SHIPPING record of the investigation as if it were written in Maltese. (5) It shall be the duty of the person who has applied to the court to hold a formal investigation to superintend the managem ent of the case and to render such a ssistance to the court as is in his power. (6) The court, after hearing the case, shall make a report to th e Minister containing a full statement of the case and of the opi nion of the court thereon, accompanie d by such report on, or extract s from, the evidence, a nd such observations as the court thinks f it. (7) Each assessor shall either sign the report or state in writi ng to the Minister his dissent therefrom and the reasons for that dissent. (8) The court may make such order as it thinks fit respecting the costs of the i nvestigation, or any part thereof. (9) The fees payable to the assessors shall be those prescribed by the Minister in the rules made under this Part of this Act w ith respect to formal investigations. Other provisions as to reports.

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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.