Boilers and Pressure Vessels Ordinance

(1)
Whenever an accident has occurred in or to a boiler or pressure
vessel—
(a)
an authorized officer may make a preliminary inquiry with respect to the accident; and
(b)
whether or not an authorized officer makes a preliminary inquiry, the Authority may appoint a Board of Inquiry whose function it shall be to inquire into and determine, so far as may be possible, the cause of the accident.
(Amended
67 of 1978 s. 6
;
18 of 1982 s. 4
;
87 of 1988 s. 8
)
(2)
(a)
Every Board of Inquiry shall consist
of—
(i)
a magistrate nominated by the Chief Justice or a legal officer nominated by the Secretary for Justice;
(Amended
L.N. 362 of 1997
)
(ii)
an authorized officer or a boiler inspector; and
(Amended
18 of 1982 s. 4
;
87 of 1988 s. 8
)
(iii)
one other person who has such qualifications as the Authority considers suitable and who is not a public officer or a boiler inspector.
(b)
The magistrate or legal officer, as the case may be, shall be the chairman of a Board of Inquiry.
(3)
For the purposes of a preliminary inquiry, an authorized officer shall have the following
powers—
(Amended
18 of 1982 s. 4
;
87 of 1988 s. 8
)
(a)
to enter and inspect any premises the entry or inspection of which appears to him to be necessary;
(b)
to inspect and examine the boiler or pressure vessel and its auxiliary equipment;
(c)
to require the production of any document or thing in the possession of any person; and
(d)
to require any person to answer such inquiries as he considers it necessary to make.
(4)
(a)
For the purpose of its inquiry, a Board of Inquiry shall have the following
powers—
(i)
to hear evidence on oath or otherwise;
(ii)
to summon any person to attend any sitting of the Board to give evidence or to produce any document or thing in his possession and to examine him as a witness or require him to produce such document or thing, subject to all just exceptions;
(iii)
to enter and inspect any premises the entry or inspection of which appears to it to be necessary; and
(iv)
to inspect and examine the boiler or pressure vessel and its auxiliary equipment.
(b)
A witness summons shall be in such form as the chairman of the Board of Inquiry directs and shall be signed by him.
(5)
The report on a preliminary inquiry may, save where a Board of Inquiry has been, or is to be, appointed, be made public in such manner as the authorized officer thinks fit, and the report of a Board of Inquiry shall be made public in such manner as the Authority directs.
(Amended
87 of 1988 s. 8
)