Scotland: Fatal Accident Inquiry

Przemyslaw Krawczyk - Duncan MacDougall

Reference [2021] FAI 58 Published 15 December 2021 Sheriff Patrick Hughes Sheriffdom North Strathclyde Date of death 18 January 2018 Location the Fishing Vessel Nancy Glen (“the vessel”) at a location Cause of death drowning Section 28 responses identified 1 8-week deadline 9 February 2022

Determination PDF ↗ Case landing page ↗ Scottish Courts FAI page ↗ Response tracker Statistics By year

Recommendations

Recommendations (the sheriff's words)

The Sheriff, having considered the information presented at the inquiry, makes the following recommendation in terms of 26(1)(b) of the Act: 1. That stability awareness training be made mandatory for masters of fishing vessels of between 7 and 16 metres in length.

Under section 28 of the 2016 Act, each recipient of a recommendation must respond within 8 weeks. The 8-week window is counted from the publication date. See how we track responses. Go to the section 28 responses.

Section 28 responses 1

Overall status, as assessed by this site: Response(s) published

Maritime and Coastguard Agency Reponse

Central Government · Source ↗

Response (the responding body's words)

SHERIFFDOM OF NORTH STRATHCLYDE AT OBAN
Court ref: OBN-B33-20
RESPONSE
to the
DETERMINATION OF SHERIFF PATRICK HUGHES
UNDER THE INQUIRIES INTO FATAL ACCIDENTS AND SUDDEN DEATHS ETC. (SCOTLAND) ACT 2016
IN THE
INQUIRY INTO THE DEATH OF PRZEMYSLAW KRAWCZYK
and
DUNCAN MACDOUGALL
To: the Scottish Courts and Tribunals Service
1.
The Maritime and Coastguard Agency, being a person to whom a recommendation under section 26(1)(b) was addressed, do respond as follows.
2.
The Maritime and Coastguard Agency was a participant in the inquiry.
3.
The Sheriff made the following recommendation in his Determination:
That stability awareness training be made mandatory for masters of fishing vessels of between 7 and 16 metres in length.
4.
The Maritime and Coastguard Agency is currently working on an update to the relevant Regulations relating to fishing vessel training and certification. Whilst there is no fixed date as yet for any new regulation, the intention is to consult later this year.
5.
The proposals for the new regulation will include a new requirement for skippers of commercial fishing vessels of 7m up to 16.5m (registered) qualifying after the new regulation comes into force to obtain a Certificate of Competency (CoC), which will replace the existing voluntary Seafish Under 16.5m Skipper Certificate. The qualifying conditions for the CoC will
include a proposal for mandatory MCA exams for Navigation and Stability.

About Fatal Accident Inquiries

Fatal Accident Inquiries are held under the 2016 Act before a sheriff. They are mandatory for deaths in custody and at work. The sheriff may make recommendations under s.26(1)(b); recipients must respond within 8 weeks under s.28. See the methodology page for detail.

Data: scotcourts.gov.uk.

Contains public sector information licensed under the Open Government Licence v3.0.