Page:The Civil Aviation (Investigation of Air Accidents and Incidents) Regulations 2018 (UKSI 2018-321 qp).pdf/5

 :(c) an investigation is not conducted by another State.

(2) In this regulation—

“Contracting State” means any State which is party to the Chicago Convention;

“investigation” (in sub-paragraph (c) of paragraph (1) only) means a process conducted, other than by the Air Accidents Investigation Branch, for the purposes of accident and incident prevention, which includes the gathering and analysis of information, the drawing of conclusions (including the determination of causes and contributing factors) and, when appropriate, the making of safety recommendations; and

“State of Registry”, “State of the Operator”, “State of Design” and “State of Manufacture” have the meanings given by Chapter 1 of Annex 13.

Additional provisions—Inspectors’ powers

12.—(1) The power conferred by subparagraph (f) (power to call and examine witnesses) of paragraph 2 of Article 11 of Regulation 996/2010 must be exercised by the service of a summons signed by an Investigating Inspector and requiring any person (“witness”) to attend a witness interview at a time and place stated in the summons, in order to—
 * (a) answer any question, or
 * (b) produce any document, record, information or other evidence,

which is, in the opinion of that Inspector, relevant to the safety investigation.

(2) A witness must be allowed the expenses of attending a witness interview, payable by the Secretary of State.

13. An Investigating Inspector has the power to—
 * (a) record a witness interview in any manner that the Investigating Inspector considers appropriate;
 * (b) take a statement from a witness and require the witness to make and sign a declaration of truth in relation to that statement; and
 * (c) retain any evidence which is produced by a witness or which the investigator-in-charge has access to or control over, by virtue of paragraph 2 of Article 11 of Regulation 996/2010, until the completion of the safety investigation.

14.—(1) Subject to paragraph (2), an Investigating Inspector may, on production of that Inspector’s authority to act as an Inspector, enter and inspect any land or premises (including any dwelling and any aircraft) where, in the opinion of the investigator-in-charge, such action is necessary for the purposes of the safety investigation.

(2) An Investigating Inspector may not enter and inspect any dwelling unless one of the following conditions is met—
 * (a) the occupier of the dwelling has consented to the entry and inspection;
 * (b) such entry and inspection has been authorised by a warrant issued by a justice, on an application made by an Investigating Inspector and supported by—
 * (i) in England and Wales, an information in writing;
 * (ii) in Scotland, evidence on oath; or
 * (iii) in Northern Ireland, a complaint on oath;
 * (c) the investigator-in-charge is satisfied that access to the dwelling is required urgently and that the requirement to obtain consent or a warrant would undermine the safety investigation.

(3) A justice may issue a warrant if the justice is satisfied that there are reasonable grounds for entering and inspecting the dwelling for the purposes of the safety investigation and that at least one of the following conditions is met—

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