Revised Laws of Saint Lucia (2021)

439.   Formal investigations

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    (1)   The Minister may appoint—

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      (a)     a person appearing to him or her to be suitably qualified, by the holding of, or by having held, judicial office, or by experience as a legal practictioner;

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      (b)     a senior public officer; or

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      (c)     a senior officer of the defence force,

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    to be a wreck commissioner to hold one or more formal investigations.

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    (2)   The Wreck Commissioner holding a formal investigation shall—

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      (a)     conduct the investigation with the assistance of one or more assessors with nautical, engineering or other special skills or knowledge; and

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      (b)     conduct the investigation in accordance with any regulations made under section 491.

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    (3)   The Wreck Commissioner may at any time during a formal investigation permit or summon an expert witness to give an opinion based on the expert witness's special knowledge, skill, experience or training in respect of the construction or design of a ship or of a difficult or important scientific principle.

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    (4)   Despite subsection (1), where any question concerning the cancellation or suspension of an officer's certificate or licence is likely to arise, there shall be at least 2 assessors with appropriate qualifications and experience in the merchant shipping service assisting the Wreck Commissioner.

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    (5)   The Commissions of Inquiry Act shall apply to a formal investigation as if the investigation were an inquiry under this Act in relation to which the Wreck Commissioner were the chairperson.

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    (6)   The Wreck Commissioner may make such order with regard to the cost of a formal investigation as the Wreck Commissioner thinks just; and any such costs may be recovered by the Minister from the person ordered to pay them.

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    (7)   At the conclusion of a formal investigation the Wreck Commissioner shall send to the Minister a full report on the investigation, together with the evidence taken.