Merchant Shipping Act, 1951 (Act No. 57 of 1951)Chapter VI : Special Shipping Enquiries and Courts of Enquiry and Courts of Survey277. How decisions of courts of survey are reached and announced |
| (1) | The decision of the majority of the members of a court of survey shall be the decision of the court. |
| (2) | The decision of the court shall be declared by one of the members concurring in that decision, and the reason therefor shall be stated by at least one such member. Any member who dissents from the decision of the court may declare his dissent and his reasons therefor. |
| (3) | If for any reason a majority of the members of the court (or, if the court consists of only two members, both members) are not agreed upon the question what the decision upon the appeal should be, the presiding officer shall report the fact to the Authority, and thereupon the Minister may refer the appeal back to the court for reconsideration, or may discharge the members of the court and appoint another court of survey to hear the appeal. |
| (4) | Notwithstanding the provisions of this section, if a ship has been detained or it is proposed to detain a ship by reason of a report made or a notice given by a surveyor, or by reason of a refusal by a surveyor to grant a certificate, and appeal is made against the making of the report or the giving of the notice or the refusal to grant the certificate, the ship shall, if she has been detained, be released, and if she has not yet been detained, shall not be detained after the first meeting of the court, unless a majority of the members of the court are in favour of her being detained. |