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8. Provisions relating to Inspector's Investigation
2023 Laws not yet authenticated through a Commencement Order

Revised Laws of Saint Lucia (2023)

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8.   Provisions relating to Inspector's Investigation

With respect to any Inspector's investigation, the following provisions of this regulation shall have effect:—

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    (1)   The Inspector of Accidents by whom the investigation is made (in this regulation referred to as “the inspector”) shall have power—

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      (a)     by summons under his hand to call before him and examine all such persons as he thinks fit, to require such persons to answer any question or furnish any information or produce any books, papers, documents and articles which the Inspector may consider relevant, and to retain any such books, papers, documents and articles until the completion of the investigation;

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      (b)     to take statements from all such persons as he thinks fit and to require any such person to make and sign a declaration of the truth of the statement made by him or her;

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      (c)     to have access to and examine any aircraft involved in the accident and the place where the accident occurred, and for that purpose to require any such aircraft or any part or equipment thereof to be preserved unaltered pending examination;

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      (d)     to examine, remove, test, take measures for the preservation of, or otherwise deal with the aircraft or any part thereof or anything contained therein;

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      (e)     to enter and inspect any place or building the entry or inspection whereof appears to the Inspector to be requisite for the purposes of the investigation;

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      (f)     to take measures for the preservation of evidence.

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    (2)   Where the accident has occurred in or over the United Kingdom to an aircraft registered in any country other than the United Kingdom, the Minister may authorise an investigator appointed by a duly competent authority of that other country to carry out an investigation, and in that event the Minister shall so far as he is able facilitate inquiries by the investigator so appointed.

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    (3)   The investigation shall be held in private.

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    (4)   Where it appears to the Inspector that in order to resolve any conflict of evidence or that for any other reason it is expedient so to do, he may permit any person to appear before him and call evidence and examine witnesses.

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    (5)   Where it appears to the Inspector that any degree of responsibility for the accident may be attributed to any person, and if it appears to the Inspector to be practicable so to do, that person or, if he be deceased, his legal personal representatives shall be given notice that blame may be attributed to him and be permitted to make a statement or give evidence and to produce witnesses and to examine any witnesses from whose evidence it appears that he may be blameworthy.

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    (6)   The Attorney General may intervene at any stage of an investigation in order to make representations or to examine witnesses, if it appears to him expedient so to do in the public interest.

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    (7)   Every person summoned by the Inspector as a witness in accordance with this regulation shall be allowed such expenses as the Minister, with the approval of the Treasury, may determine.

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