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Appendix 3 - Harbour Legal Advice Update

Perth and Kinross Council · 28 May 2025
Back to Economy and Infrastructure Committee — 28 May 2025 and its agenda

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APPENDIX 3
HARBOUR LEGAL ADVICE UPDATE 
PKC progress a Harbour Revision Order to remove CHA duties and commercial
vessel over 24 meters. 
PKC can remove Competent Harbour Authority (CHA) duties with the continuation
of Statutory Harbour Authority (SHA) obligations. These SHA obligations would be
reduced with the role of the harbour reduced by limiting commercial vessels over 24
metres. Legal advice confirmed this would be an approach with some pros and cons: 
Pros
• Uses the same process as current HRO
• Clear Health & Safety obligations and will not require Scottish Ministers to
approve something unique.
• Legal advice and order could be prepared - the order does not require much
change from the current order process
• Powers will be retained by PKC as SHA
• No need to change bylaws (which would require further legal work and
ministerial approval)
• Once progressed another HRO could also reinstate a CHA, if required. 
Cons
• As SHA, the Council still retain the obligations of SHA and advised to comply
with the Port Marine Safety Code (PMSC see terms below). These obligations
would align with the activities at the harbour and allow for some flexibility.
• Harbour master function would still exist
• Abolishing the SHA would be the most effective solution to significantly lessen
total obligations. 
Whilst the most effective way to reduce obligations would be to advance the closure
order, which would relieve PKC of more responsibilities. Legal pointed out another
risk: alongside the full closure order, PKC would need to initiate a separate legal
process to amend the bylaws, which would require ministerial approval.
As the landowner, PKC would need to implement processes to address post-closure
activities. Maintaining the SHA would not significantly burden PKC compared to
implementing safety protocols after closure. 
Terms 
The Port Marine Safety Code (PMSC)
The Port Marine Safety Code (PMSC) is a set of guidelines and standards designed
to promote safety within the maritime industry, particularly in the context of ports and
harbours. The purpose of the Port Marine Safety Code is to enhance safety
management practices, ensuring the protection of people, property, and the
environment.

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Key aspects and objectives of the Port Marine Safety Code include:
• Risk Management – The code emphasizes the importance of risk assessment
and management. Ports are encouraged to identify potential hazards, assess
associated risks, and implement measures to mitigate those risks effectively
• Safety Management Systems (SMS) – The PMSC encourages the
establishment and implementation of Safety Management Systems by port
and harbour authorities. These systems help ensure a systematic and
organised approach to safety, including clear procedures, communication,
and monitoring
• Continuous Improvement – The code promotes a culture of continuous
improvement in safety performance. Ports are encouraged to review and
enhance their safety practices regularly, learning from incidents and near
misses
• Legal Compliance – Ports are expected to comply with relevant national and
international maritime laws and regulations. The PMSC provides a framework
to assist ports in meeting these legal obligations
• Communication and Coordination – Effective communication and coordination
among all stakeholders, including port authorities, port users, and emergency
services, are crucial for ensuring a comprehensive approach to safety
• Training and Competence – The code stresses the importance of training and
maintaining the competence of personnel involved in port operations. This
includes harbour masters, pilots, and other staff responsible for safety-critical
tasks
• Emergency Preparedness – Ports are encouraged to develop and maintain
emergency response plans, ensuring readiness to respond promptly and
effectively to incidents that may pose a threat to safety. 
While compliance with the Port Marine Safety Code is voluntary, ports and harbours
that adhere to its principles demonstrate a commitment to high standards of safety
management. The code serves as a valuable tool for fostering a safety-conscious
culture within the maritime industry, contributing to the overall well-being of those
involved in port activities and the protection of the marine environment. 
Competent Harbour Authority (CHA) and Statutory Harbour Authority (SHA)
refer to different types of harbours and ports each having distinct powers and
responsibilities. 
Competent Harbour Authorities focus more on operational management without
explicit statutory power, whereas Statutory Harbour Authorities are vested by law
with specific regulatory and enforcement capabilities. 
A CHA is typically defined by its ability to oversee the operation, maintenance,
and development of a port or harbour. Their powers often include: 
- Health and Safety Oversight   
- Environmental Management   
- Vessel Movements: Authority over the navigation and berthing of vessels within
the harbour.

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- Port Development: Decision-making related to infrastructure improvements and
expansions. 
CHAs may not have statutory powers but can operate under various maritime laws
and regulations, giving them the authority to act on behalf of the port community.
SHA is established by legislation and has specific statutory powers granted by
law. Their key powers typically include:   
- Legal Authority Empowered to impose legal obligations on users within the
harbour.   
- Regulatory Enforcement: Authority to enforce compliance with local, national, and
international maritime laws.   
- Charges and Fees: Ability to set and collect fees for the use of harbour facilities
and services.   
- Safety Regulations: Legal responsibility to ensure safety standards and conduct
inspections of vessels and operations. Transition to the new operating model:
Currently, while PKC is implementing changes to harbour obligations and activities at
the harbour to close commercial traffic; the port is operating in a compliant manner
and maintaining business as usual. Although some of the burden on operations from
the previous contract between Perth Harbour and CalMac contract has decreased,
there are still significant pressures to remain compliant. 
PKC is currently navigating through just under 150 distinct duties and obligations.
These responsibilities are defined under a variety of key documents and legislative
frameworks, which include: 
• Good Practice Guide / Port Marine Operations,
• Harbours Act 1964,
• Marine Navigation Act 2013,
• Port Marine Safety Code. For all UK Harbour Authorities and other marine
facilities, berths and terminals.
• Scottish Outdoor Access Code 2005.
• Lease 1990-01-05
• Pilotage Act 1987
• Perth and Kinross Council (Port Marine Safety Code) Safety Management
System Policy Document