Merchant Shipping Act, 1951 (Act No. 57 of 1951)Chapter VI : Special Shipping Enquiries and Courts of Enquiry and Courts of Survey276. Constitution of court of survey |
| (1) | A court of survey shall consist of a magistrate and either two or four other members. |
| (2) | The members of the court shall be appointed by the Minister, and all members other than the presiding officer shall be persons of suitable nautical, engineering or other special skill, knowledge or experience. |
| (3) | Whenever a foreign ship is the subject of an appeal the Minister may consult a diplomatic or consular representative of the country in which that ship is registered before nominating the members. |
| (4) | The members of the court other than the presiding officer shall be selected from a list of persons approved by the Minister from time to time in accordance with the regulations: Provided that the Minister may appoint as a member of the court a person whose name does not appear on the said list, if it appears to him expedient to do so by reason of the special nature of the questions involved in the appeal. |
| (5) | If by death, resignation or any other cause the number of members of the court is reduced to not less than two, the remaining members shall constitute the court. |
| (6) | If the court, as originally constituted, or as reduced for any reason referred to in subsection (5), consists of three members, two members shall form a quorum; and if it consists of more than three members, three members shall form a quorum. |
| (7) | The magistrate appointed as a member of the court as originally constituted shall be the presiding officer unless for any reason referred to in subsection (5), he ceases to be a member of the court, in which event the Minister shall appoint one of the other members of the court to be the presiding officer. |