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Przemyslaw Krawczyk - Duncan MacDougall

Scotland · FAI Reference: [2021] FAI 58 Published: 15 Dec 2021 Sheriff: Patrick Hughes Sheriffdom: North Strathclyde View PDF
Court recommendations Identified
Responses identified 1
8-week deadline 9 Feb 2022
Section 28 status Response(s) published

Recommendations

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 window from publication ran to 9 February 2022. See how we track responses.

Section 28 responses

Response(s) published
Maritime and Coastguard Agency Reponse Central Government

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. …

View full response
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.

Determination details

Reference
[2021] FAI 58
Published
15 December 2021
Sheriff
Patrick Hughes
Sheriffdom
North Strathclyde
Cause of death
(3) in terms of Section 26(2)(c) of the Act, that the cause of death for both

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About FAIs

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.

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