Scotland: Fatal Accident Inquiry

Duncan John Matheson

Reference INV-B185-19 Published 4 February 2020 Sheriff Sheriff Margaret M Neilson Sheriffdom Grampian, Highland and Islands Date of death 7 August 2018 Location an area of water known as Loch Beag near Ardheslaig, Ross shire Cause of death drowning. Section 28 responses identified 0 8-week deadline 31 March 2020

Recommendations

Recommendations (the sheriff's words)

a) All small fishing vessel owners, operators and managers, employers of fishermen and skippers and fishermen on small fishing vessels should make themselves aware of the terms of the following and ensure that they are followed: 1. Marine Guidance Note 588(F) (Compulsory Provision and Wearing of Personal Flotation Devices on Fishing Vessels). 2. Marine Guidance Note 570(F) (Fishing Vessels - Emergency Drills). 3. Marine Guidance Note 571(F) (Fishing Vessels - Prevention of Man Overboard). 4. Marine Shipping Notice 1871 Amendment 1(F) (The Code of Practice for the Safety of Small Fishing Vessels of less than 15m Length Overall). and 5. that all small fishing vessel owners, operators, managers and employers of fishermen should ensure that all those aboard small commercial fishing vessels have current working knowledge and understanding of the relevant content of 1, 2, 3 and 4 above and if they do not have that knowledge and understanding, provide access to training internally or externally to provide them with that knowledge and understanding. and b) That fishermen do not board any vessels when they are intoxicated by alcohol or drugs and that skippers and crew are reminded of the dangers to themselves and others when a crew member is intoxicated.

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.

Section 28 responses

Overall status, as assessed by this site: Response pending

No response has been identified on the case landing page yet. The 8-week window has closed without a published response or non-response notice.

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.