s.428Rehearings and appeals
428
Section 428Part 17 — INVESTIGATIONS AND INQUIRIES INTO MARINE CASUALTIES

Rehearings and appeals

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Where a formal inquiry has been held under section 427, the Minister may order the whole or part of the case to be reheard and shall do so if —
new and important evidence which could not have been produced at the formal inquiry has been discovered; or
it appears to the Minister that there are other grounds for suspecting that a miscarriage of justice may have occurred.
An order under subsection (1) may provide for the rehearing to be made by the Board which held the formal inquiry or by the Court.
Any rehearing under this section shall be conducted in accordance with rules made under section 429, and section 427 shall apply in relation to a rehearing of a formal inquiry by a Board as it applies in relation to the holding of a formal inquiry.
Where the Board holding the formal inquiry has decided to cancel or suspend the certificate of a person issued under any regulations made under this Act, or has found a person at fault, then —
if no application for an order under subsection (1) has been made; or
if such application has been refused,
that person or any other person who, having an interest in the formal inquiry, has appeared at the hearing and is affected by the decision or finding, may appeal to the Court.
A Court hearing any collision or limitation matter under this Act may make such evidential use of the report on the formal inquiry of the Board as a whole as the Court thinks fit.

Cross References

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