Section 133
of Merchant Shipping Order, 2002
Section 133
(1)
If it appears to the Minister that an officer -
(a)
is unfit to discharge his duties, whether by reason of incompetence, misconduct or physical or mental disability or for any other reason;
(b)
has been seriously negligent in the discharge of his duties; or
(c)
has failed to comply with section 115, the Minister may cause an inquiry to be held by one or more persons appointed by him and, if he does so, may, if he thinks fit, suspend, pending the outcome of the inquiry, any certificate issued or deemed to be issued to the officer under section 4 7 and require the officer to deliver it to him.
,
(2)
Where a certificate issued to an officer has been suspended under subsection (1), the suspension may, on the application of the officer, be terminated by the High Court and the decision of the High Court on such an application shall be final.
(3)
An inquiry under this section shall be conducted in accordance with the regulations made under section 137.
(4)
The persons holding an inquiry under this section into the fitness or conduct of the officer -
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(a)
may, if satisfied of any of the matters mentioned in paragraphs (a),
(b)
and (c) of subsection ( 1), cancel or suspend any certificate issued or deemed to be issued to the officer under section 4 7 or censure him;
f\
(b)
may make such order with regard to the costs of the inquiry as they think just; and
(c)
shall make a report on the case to the Minister, and if the certificate is cancelled or suspended, the officer (unless he has delivered it to the Minister in pursuance of subsection (1)) shall deliver it forthwith to the persons holding the inquiry or to the Director.
(5)
Any costs which a person is ordered to pay under paragraph (b) of subsection (4) may be recovered from him by the Director.
Inquiries and investigations into shipping casualties.