Shipping (Jersey) Law 2002: Amendment: Law drafting instructions relating to Accident Investigations

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A decision made 16 December 2016:

Decision Reference: MD-E-2016-0059
Decision Summary Title :	Law Drafting Instructions - Accident Investigations		Date of Decision Summary:	5th December 2016
Decision Summary Author:	Head of Maritime Administration		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	n/a
Written Report Title :	Law Drafting Instructions - Accident Investigations		Date of Written Report:	1st December 2016
Written Report Author:	Head of Maritime Administration		Written Report : Public or Exempt?	Exempt article 35
Subject: Law Drafting Instructions - to amend accident investigations in the Shipping (Jersey) Law 2002.
Decision(s): The Minister approved the law drafting instructions to amend the Law so that it is compliant with agreed international standards and to provide for relevant regulation and order-making powers.
Reason(s) for Decision: The Shipping (Jersey) Law 2002 does not comply with the Casualty Reporting and Investigation Codes of the International Maritime Organization. In particular, independent investigation needs to be assured and all very serious accidents must be investigated, there are no rules (or provisions to make rules) ensuring compliance with the Codes. The investigation may be halted unilaterally and there is no absolute requirement to publish the report. These matters have come to light through gap analysis and legal advice. Whilst normal practice in Jersey may conform to the intentions of these codes, it is important that Jersey also has the legal framework in place.
Resource Implications: The Law Draftsman has agreed that there is scope for these amendments within the drafting programme so this decision does not give rise to any additional financial implications.
Action required: The Law Draftsman to be requested to draft the amendments.
Signature: Senator L J Farnham		Position: Minister for Economic Development, Tourism, Sport and Culture
Date Signed:		Date of Decision (If different from Date Signed)