Page:Air Navigation (Investigation of Accidents and Incidents) Order 2003.pdf/23

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23

S 78/2003



(4) A recommendation for preventive action or safety recommendation shall, in no case, create a presumption of liability for an accident or incident.

(5) Where any recommendation for preventive action or safety recommendation has been forwarded to the Minister or the Chief Inspector by another Contracting State, the Chief Inspector shall notify the State of the preventive action taken or under consideration or the reasons as to why no action will be taken.

Re-opening of investigation

17.—(1) The Minister shall, in the case of an accident, and may, in the case of a serious incident, cause the investigation of the accident or serious incident carried out under this Order to be re-opened if evidence has been disclosed after the completion of the investigation which, in his opinion, is new and significant.

(2) The Chief Inspector may cause the investigation of an incident (other than a serious incident) to be re-opened if evidence has been disclosed after the completion of the investigation which, in his opinion, is new and significant.

(3) Where the investigation of an accident or serious incident was instituted by another Contracting State, the Minister shall obtain the consent of that State before causing the investigation to be re-opened under sub-paragraph (1).

(4) Any re-opened investigation shall be carried out in accordance with this Order.

PART III
MISCELLANEOUS

Non-disclosure of records

18.—(1) Subject to sub-paragraph (2), no person shall disclose or make available to any other person any of the following records for any purpose other than an investigation carried out under this Order unless the High Court determines that the benefits resulting from disclosure outweighs the adverse domestic and international impact the disclosure may have on that or any future investigation:

(a) any statement taken from any person in the course of an investigation;