Merchant Shipping Act 1995, section 267

Investigation of marine accidents

Part XI Accident Investigations and Inquiries

(1)The Secretary of State shall, for the purpose of the investigation of any such accidents as are mentioned in subsection (2) below, appoint such number of persons as he may determine to be inspectors of marine accidents, and he shall appoint one of those persons to be Chief Inspector of Marine Accidents.

(2)The accidents referred to in subsection (1) above are—

(a)any accident involving a ship or ship’s boat where, at the time of the accident—

(i)the ship is a United Kingdom ship, or

(ii)the ship, or (in the case of an accident involving a ship’s boat) that boat, is within United Kingdom waters, and

(b)such other accidents involving ships or ships’ boats as the Secretary of State may determine.

(3)The Secretary of State may by regulations make such provision as he considers appropriate with respect to the investigation of any such accidents as are mentioned in subsection (2) above.

(4)Any such regulations may, in particular, make provision—

(a) with respect to the definition of “accident” for the purposes of this section and the regulations;

(b)imposing requirements as to the reporting of accidents;

(c)prohibiting, pending investigation, access to or interference with any ship or ship’s boat involved in an accident;

(d)authorising any person, so far as may be necessary for the purpose of determining whether an investigation should be carried out, to have access to, examine, remove, test, take measures for the preservation of, or otherwise deal with, any such ship or boat or any other ship or ship’s boat;

(e)specifying, with respect to the investigation of accidents, the functions of the Chief Inspector of Marine Accidents (which may include the function of determining whether, and if so by whom, particular accidents should be investigated), the functions of other inspectors of marine accidents, and the manner in which any such functions are to be discharged;

(f)for the appointment by the Chief Inspector of Marine Accidents, in such circumstances as may be specified in the regulations, of persons to carry out investigations under this section who are not inspectors of marine accidents;

(g)for the appointment by any Minister of the Crown of persons to review any findings or conclusions of a person carrying out an investigation under this section;

(h)for the procedure to be followed in connection with investigations or reviews under this section;

(i)for conferring on persons discharging functions under the regulations who are not inspectors of marine accidents all or any of the powers conferred on an inspector by section 259;

(j)for the submission to the Secretary of State, and the publication by him, of reports of investigations or reviews under this section;

(k)for the publication by the Chief Inspector of Marine Accidents of reports and other information relating to accidents.

(5)Regulations under this section may provide for any provisions of the regulations to apply to any specified class or description of incidents or situations which involve, or occur on board, ships or ships’ boats but are not accidents for the purposes of the regulations, being a class or description framed by reference to any of the following, namely—

(a)the loss or destruction of or serious damage to any ship or structure,

(b)the death of or serious injury to any person, or

(c)environmental damage,

whether actually occurring or not, and (subject to such modifications as may be specified in the regulations) for those provisions to apply in relation to any such incidents or situations as they apply in relation to accidents.

(6)Regulations under this section may provide that a contravention of the regulations shall be an offence punishable on summary conviction by a fine not exceeding the statutory maximum and on conviction on indictment by a fine.

(7)The Chief Inspector of Marine Accidents, or (as the case may be) inspectors of marine accidents generally, shall discharge such functions in addition to those conferred by or under the preceding provisions of this section as the Secretary of State may determine.

(8)Any inspector of marine accidents shall, for the purpose of discharging any functions conferred on him by or under this section, have the powers conferred on an inspector by section 259.

(9)Nothing in this section shall limit the powers of any authority under sections 252, 253 and 254.

(10)In this section—

(a)references to an accident involving a ship or ship’s boat include references to an accident occurring on board a ship or ship’s boat (and any reference to a ship or ship’s boat involved in an accident shall be construed accordingly); and

(b) “ship’s boat” includes a life-raft.

Definitions used in section 267 5

ship

“ship” includes every description of vessel used in navigation;

Defined in s.313(1) · see it in the full Act
United Kingdom ship

“United Kingdom ship” (and in Part V “United Kingdom fishing vessel”) has the meaning given in section 1(3) except in the contexts there mentioned; and

Defined in s.313(1) · see it in the full Act
United Kingdom waters

(a) “United Kingdom waters” means the sea or other waters within the seaward limits of the territorial sea of the United Kingdom; and

Defined in s.313(2) · see it in the full Act
Minister of the Crown

“Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975;

Defined in s.313(1) · see it in the full Act
contravention

“contravention” includes failure to comply (and “failure” includes refusal);

Defined in s.313(1) · see it in the full Act

Cases considering section 267 4

Mid and West Wales Fire & Rescue Service, R (on the application of) v HM Acting Senior Coroner for Pembrokeshire and Carmarthenshire

[2023] EWHC 1669 (Admin) · 12 July 2023

Identifies the statutory basis for appointing inspectors of marine accidents whose investigations are governed by the 2012 Regulations.

Holyhead Marina Ltd v Farrer & Ors (Emma)

[2020] EWHC 1750 (Admlty) · 7 July 2020Interprets

Uses the provision as a contextual example of the expression “discharge of functions”. (see para [73])

Ocean Prefect Shipping Ltd v Dampskibsselskabet Norden AS

[2019] EWHC 3368 (Comm) · 6 December 2019Defines

The provision was identified as the enabling power under which the 2012 Regulations were made. The judgment did not otherwise construe its scope. (see para [8]) The provision was identified as one source of the inspector’s powers for the purposes of regulation 14(14). The court used that statutory reference in defining the report material potentially inadmissible in liability proceedings. (see paras [10]; [13])

What each judgment says about section 267 is in the case-law panel in the full Act.

Amendments and notes

4 notes from legislation.gov.uk

Modifications

  1. C321S. 267 applied (with modifications) (1.9.2002) by S.I. 2002/1587, reg. 17(2), (with reg. 3)
  2. C322Ss. 267-270 extended (with modifications) (16.10.2025) by S.I. 1989/1350, art. 2 (as substituted by The Hovercraft (Application of Enactments) (Amendment) Order 2025 (S.I. 2025/1094), arts. 1(2), 2(2))
  3. C323S. 267 applied (with modifications) (17.4.2026) by S.I. 2023/35, art. 10A (as inserted by The Merchant Shipping (Watercraft) (Amendment) Order 2026 (S.I. 2026/348), arts. 1(1), 4)
  4. C324S. 267 modified (15.5.2026) by The Merchant Shipping (Accident Reporting and Investigation) Regulations 2026 (S.I. 2026/430), regs. 1(2), 3 (with reg. 4)