(1) For the purposes of section 344 the Court may appoint

(b) if a surveyor qualified under this Act cannot be found without unreasonable expense or delay, or is in the opinion of the Court not competent to deal with the special circumstances of the case, any other impartial surveyor who does not have an interest in the ship, her freight or cargo,

to survey the ship and the subject of the allegation and to answer the questions concerning the ship which the Court considers fit to ask.

(2) A surveyor appointed under subsection (1) to survey a ship shall survey the ship and make a written report on it to the Court.

(3) On receipt of the report under subsection (2), the Court shall

(a) communicate the report to the parties, and

(b) unless the opinion expressed in the report is proved to the satisfaction of

the Court to be erroneous, determine the question before it in accordance with the report

(4) A person who carries out a survey of a ship under this section shall have for that purpose all the powers of a surveyor under this Act.