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442.   Inquiry into fitness or conduct

Revised Laws of Saint Lucia (2021)

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442.   Inquiry into fitness or conduct

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    (1)   Where it appears to the Minister that any master, mate or engineer who holds a certificate or licence under section 111 or section 113—

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      (a)     is unfit to discharge his or her duties, whether by reason of incompetence or misconduct or for any other reason;

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      (b)     has been seriously negligent in the discharge of his or her duties; or

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      (c)     has failed to have any assistance or information required by section 241, 247 or 249, or contravened section 251,

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    the Minister may cause an inquiry to be held by any person qualified under section 439 to be appointed as a Wreck Commissioner and the Minister may, where he or she thinks fit, suspend the certificate or licence of the master, mate or engineer, pending the outcome of the inquiry, and where a certificate or licence is suspended, the Minister shall require the officer concerned to deliver it to the Director.

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    (2)   Section 439 applies to an inquiry under this section as if the inquiry were a formal investigation and as if the person holding the inquiry were a Wreck Commissioner.

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    (3)   A person holding an inquiry under this section may, where satisfied of any of the matters mentioned in subsection (1)(a) to (1)(c), censure the officer or, where at least 1/2 of the number of assessors concur therein, cancel or suspend any certificate or licence issued to the officer under section 111 or 113.

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    (4)   When a certificate or licence is suspended under this section, the officer concerned shall, unless he or she has delivered the certificate or licence to the Director under subsection (1), deliver it to the person holding the inquiry or to the Director.

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    (5)   A copy of the report made to the Minister under section 439(7) shall be furnished by the person holding the inquiry to the master, mate or engineer whose fitness or conduct is inquired into.

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