Harjvan Bhikhabhai Kharva and Ravindra Shavirang Bagal
Determination PDF ↗ Scottish Courts FAI page ↗ Response tracker Statistics By year
Recommendations
Recommendations (the sheriff's words)I adopt his submission and recommend that Orkney Harbour Authority should review its rules with a view to ensuring that there is no scope for ambiguity as to whether or not it is a port requirement that ships should have an anchor ready for use when within Orkney Harbour limits whether or not a vessel is under pilotage.
If such a regulation is to be effected then it is quite clear that in adverse conditions Masters must steer a course which minimises a risk to seaman on an exposed deck and have a programme of preparation for sea which ensures that all work needed to be done on the foredeck is prioritised to minimise the risk to seamen in exposed conditions.
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.