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Agenda Document Pack - Economic Development and Infrastructure Services Committee - 04/02/2025

Moray Council · 4 February 2025
Back to Economic Development and Infrastructure Services Committee — 4 February 2025 and its agenda

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Economic Development and Infrastructure Services
Committee 
Tuesday, 04 February 2025 
NOTICE IS HEREBY GIVEN that a Meeting of the Economic Development and
Infrastructure Services Committee is to be held at Council Chambers, Council
Office, High Street, Elgin, IV30 1BX on Tuesday, 04 February 2025 at 09:30. 
BUSINESS 
1. Sederunt 
2. Declaration of Group Decisions and Members Interests * 
3. Minute of meeting dated 12 November 2024 7 - 10
4. Written Questions ** 
5. Marine Safety and Operational Summary of 2024-2025
Quarter 1 - Quarter 3
Report by Depute Chief Executive (Economy, Environment and
Finance)
11 -
134
6. Overnight Stays By Campervans and Motorhomes
Report by Depute Chief Executive (Economy, Environment and
Finance)
135 -
158
7. Update on the Use of Glyphosate
Report by Depute Chief Executive (Economy, Environment and
Finance)
159 -
180
8. Supplier Development Programme Membership
Report by Depute Chief Executive (Economy, Environment and
Finance)
181 -
186 
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Information Reports - Not for Discussion at this Meeting
Any member wishing to call in a noting or information report from one
meeting shall give notice to Committee Services at least 48 hours
before the meeting for which the report is published. The Notice shall
be countersigned by one other elected member and shall explain the
reason for call in including any action sought. 
Information Report - Business Gateway (Extended)
Annual Report
Report by Depute Chief Executive (Economy, Environment and
Finance)
187 -
224 
Information Report - Update on Extended Producer
Responsibility for Packaging - Local Authority Payments
Report by Depute Chief Executive (Economy, Environment and
Finance)
225 -
228 
Information Report - List of Property Transactions
Concluded Under Delegated Powers
Report by Depute Chief Executive (Economy, Environment and
Finance)
229 -
244 
Summary of Economic Development and Infrastructure
Services Committee functions:
Roads Authority; Lighting Authority, Reservoirs Act 1975, Public
Passenger Transport; Flood Prevention; Twinning; Piers and Harbours
and Coast Protection; Industrial and Commercial Development;
Environmental Protection; Burial Grounds; Assistance to Industry or
Commerce; Public Conveniences; Council Transportation; Catering &
Cleaning; Land Reform (Scotland) Act 2003; Countryside Amenities;
Tourism, monitoring funding from European Programmes, youth
training and employment creation scheme and provide Architectural,
Quantity Surveying, Maintenance and Allied Property Services.     
Watching the Meeting
You can watch the webcast live by going to: 
http://www.moray.gov.uk/moray_standard/page_43661.html    
Webcasts are available to view for 1 year following the meeting.  
You can also attend the meeting in person, if you wish to do so,
please come to the High Street entrance door and a member of
staff will be let into the building. 
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GUIDANCE NOTES 
* Declaration of Group Decisions and Members Interests - The Chair of the
meeting shall seek declarations from any individual or political group at the
beginning of a meeting whether any prior decision has been reached on how
the individual or members of the group will vote on any item(s) of business on
the Agenda, and if so on which item(s).  A prior decision shall be one that the
individual or the group deems to be mandatory on the individual or the group
members such that the individual or the group members will be subject to
sanctions should they not vote in accordance with the prior decision.  Any such
prior decisions will be recorded in the Minute of the meeting. 
** Written Questions - Any Member can put one written question about any
relevant and competent business within the specified remits not already on the
agenda, to the Chair provided it is received by the Proper Officer or Committee
Services by 12 noon two working days prior to the day of the meeting.  A copy
of any written answer provided by the Chair will be published on the Council’s
committee management system by 4pm the day before the meeting.  The
Member who has put the question may, after the answer has been published,
ask one supplementary question directly related to the subject matter at the
meeting, but no discussion will be allowed. 
No supplementary question can be put or answered more than 10 minutes after
the Council has started on the relevant item of business, except with the
consent of the Chair. If a Member does not have the opportunity to put a
supplementary question because no time remains, then he or she can submit it
in writing to the Proper Officer who will arrange for a written answer to be
provided within 7 working days. 
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MORAY COUNCIL 
Economic Development and Infrastructure Services
Committee 
SEDERUNT 
Councillor Marc Macrae  (Chair)
Councillor Amber Dunbar  (Depute Chair)  
Councillor Peter Bloomfield  (Member)
Councillor John Cowe  (Member)
Councillor John Divers  (Member)
Councillor Jérémie Fernandes  (Member)
Councillor David Gordon  (Member)
Councillor Juli Harris  (Member)
Councillor Sandy Keith  (Member)
Councillor Paul McBain  (Member)
Councillor Shona Morrison  (Member)
Councillor John Stuart  (Member)
Councillor Draeyk van der Horn  (Member)
Councillor Sonya Warren  (Member)  
Clerk Name: Lissa Rowan
Clerk Telephone: 07765 741754
Clerk Email: committee.services@moray.gov.uk 
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MORAY COUNCIL 
Minute of Meeting of the Economic Development and Infrastructure Services
Committee 
Tuesday, 12 November 2024 
Council Chambers, Council Office, High Street, Elgin, IV30 1BX 
PRESENT 
Councillor Peter Bloomfield, Councillor John Cowe, Councillor John Divers,
Councillor Amber Dunbar, Councillor Jérémie Fernandes, Councillor David Gordon,
Councillor Juli Harris, Councillor Sandy Keith, Councillor Marc Macrae, Councillor
Paul McBain, Councillor Shona Morrison, Councillor Draeyk van der Horn, Councillor
Sonya Warren 
APOLOGIES 
Councillor John Stuart 
IN ATTENDANCE 
Depute Chief Executive (Economy, Environment and Finance), Head of
Environmental and Commercial Services, Acting Head of Economic Growth and
Development, Head of Housing and Property Services, Environmental Services
Manager, Ms J Burnett, Development Officer, Legal Services Manager and Mrs L
Rowan, Committee Services Office as Clerk to the Committee.   
1         Chair 
Councillor Macrae, being Chair of the Economic Development and Infrastructure
Services Committee, chaired the meeting.    
2         Deferred Reports 
The Chair sought the agreement of the Committee to defer items 8 "Buckie
Harbour Masterplan" and 9 "Marine Safety and Operational Summary of 2024-
2025 Q1 and Q2" to the next meeting of this Committee to allow for a number of
issues that have arisen to be fully addressed so that the Committee have the most
up to date information. This was agreed. 
3         Declaration of Group Decisions and Members Interests 
In terms of Standing Orders 21 and 23 of the Councillors’ Code of Conduct, there
were no declarations from Group Leaders or Spokespersons in regard to any prior
decisions taken on how Members will vote on any item on the agenda or any
declarations of Member’s interests in respect of any item on the agenda. 
Item 3.
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4         Minutes of Meeting of 3 September 2024 
The Minute of the meeting of the Economic Development and Infrastructure
Services Committee dated 3 September 2024 was submitted and approved.    
5         Written Questions 
The Committee noted that no written questions had been submitted.    
6         Environmental and Commercial Services and Economic Growth and
Development Services (Economic Development) Revenue and Capital
Budget Monitoring to 30 September 2024 
The meeting had before it a report by the Depute Chief Executive (Economy,
Environment and Finance) informing the Committee of the current position
regarding Environmental and Commercial Services and Economic Growth and
Development Services (Economic Development) Revenue and Capital Budgets.  
Following consideration, the Committee unanimously agreed to note the budget
monitoring report for the period to 30 September 2024.   
7         Performance Report (Economic Growth and Development Services) -
Period to September 2024 
Under reference to paragraph 5 of the Minute of the meeting of Moray Council
dated 7 August 2019, the meeting had before it a report by the Depute Chief
Executive (Economy, Environment and Finance) informing the Committee of the
performance of the service for the period to 30 September 2024.  
Following consideration, the Committee unanimously agreed to note:  
i. performance in the areas of Service Planning, Service Performance, and other
related data to the end of September 2024; and 
ii. the actions being taken to improve performance where required.   
8         Performance Report (Environmental and Commercial Services) -
Period to September 2024 
Under reference to paragraph 5 of the Minute of the meeting of Moray Council dated
7 August 2019, the meeting had before it a report by the Depute Chief Executive
(Economy, Environment and Finance) informing the Committee of the performance
of the service for the period to 30 September 2024.  
Following consideration, the Committee unanimously agreed to note:  
i. performance in the areas of Service Planning, Service Performance, and other
related data to the end of September 2024; and  
ii. the actions being taken to improve performance where required.  
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9         Buckie Harbour Masterplan 
At the request of the Chair, the Committee agreed to defer this report until the next
meeting of this Committee.   
10         Marine Safety and Operational Summary of 2024-2025 Q1 and Q2 
At the request of the Chair, the Committee agreed to defer this report until the next
meeting of this Committee. 
11         Tourism Business Improvement District - Renewal Ballot 
Under reference to paragraph 11 of the Minute of the meeting of this Committee
dated 30 April 2024, the meeting had before it a report by the Depute Chief
Executive (Economy, Environment and Finance) informing the Committee of the
renewal ballot for the Tourism Business Improvement District (BID) and seeking
the Committee's approval to support the proposals.  
Following consideration, Councillor Warren moved that the Committee agree the
recommendations as printed within the report. There being no-one otherwise
minded, the Committee unanimously agreed to approve the:  
i. Tourism BID proposal and business plan for 2025 – 2030; and  
ii. assessment set out in Appendix 4 of the report and agreed not to exercise the
Council’s right of veto.   
12         Draft Regional Economic Strategy 
The meeting had before it a report by the Depute Chief Executive (Economy,
Environment and Finance) informing the Committee of the priorities in the draft
Regional Economic Strategy and asking the Committee to endorse the draft
Strategy set out in Appendix 1 of the report.  
Following consideration, the Committee unanimously agreed:  
i. to note the contents of the draft Regional Economic Strategy as set out in
Appendix 1 of the report;  
ii. to endorse the draft Strategy as set out in Appendix 1 of the report; and  
iii. that an annual report be submitted monitoring progress against the actions
identified in the draft Strategy.   
13         Annual Report on Energy Consumption and Expenditure 
Under reference to paragraph 13 of the Minute of the meeting of this Committee
dated 14 November 2023, the meeting had before it a report by the Depute Chief
Executive (Economy, Environment and Finance) setting out the annual energy and
water performance of the Council's non-domestic building portfolio in 2023/24.  
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Following consideration, the Committee unanimously agreed to note:  
i. the Annual Energy Report for 2023/24 set out within the report; and 
ii. that in 2023/24 the Council’s energy consumption in non-domestic operational
properties decreased by 1.8%, and the energy bill increased by 25.5%
(£1,191,231) and that the Council’s total energy utility consumption, including
streetlighting, fell by 1.9% and utility costs rose by 27.8%.   
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REPORT TO: ECONOMIC DEVELOPMENT AND INFRASTRUCTURE
SERVICES COMMITTEE ON 4 FEBRUARY 2025 
SUBJECT: MARINE SAFETY AND OPERATIONAL SUMMARY OF 2024/2025
QUARTER 1 – QUARTER 3 
BY:  DEPUTE CHIEF EXECUTIVE (ECONOMY, ENVIRONMENT AND
FINANCE) 
1. REASON FOR REPORT 
1.1 To inform the Committee on matters of Marine Safety and compliance with the
Port Marine Safety Code (PMSC) for the year 2024/2025 quarters 1 – 3. 
1.2 This report is submitted to Committee in terms of Section III (F) (25) of the
Council's Scheme of Administration relating to the functions of Council as
Statutory Harbour Authority (SHA). 
2. RECOMMENDATION 
2.1 It is recommended that Committee: 
(i) consider and note the safety performance as set out in the report,
fulfilling their function as Duty Holder under the Port Marine
Safety Code (PMSC); 
(ii) note the findings of the PMSC Audit carried out by the Designated
Person (Marex Marine); and 
(iii) approve the review of the Harbours Safety Management System,
fulfilling their function as Duty Holder under the Port Marine
Safety System. 
3. BACKGROUND 
3.1 Under the statutory requirements of the Port Marine Safety Code (PMSC) the
Council must appoint a duty holder to ensure that compliance with the PMSC
is achieved.  The council must provide a report on PMSC performance
annually as a minimum. 
3.2 The role of Duty Holder is held by members of this Committee (ED&I).  The
role provides accountability for ensuring the organisation’s compliance with
Item 5.
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the PMSC.  This report provides information on which to base assessment of
compliance. 
3.3 The Harbour Authority appoints a suitably qualified person to act as the 
Designated Person – their function is to provide independent assurance that 
the Harbour (Marine) Safety Management System is working effectively and 
to audit compliance with the Port Marine Safety Code.  This responsibility is 
currently undertaken by Marex Marine. 
3.4 The Marine Safety Management System was last updated and approved by 
this Committee on 21 January 2020 (para 6 of minute refers). 
3.5  Moray Council, in its capacity as a Statutory Harbour Authority, is committed 
to undertaking and regulating marine operations to safeguard all its harbour 
areas, the users, the public and the environment through its Safety 
Management System (SMS). 
4. PORT MARINE SAFETY CODE AUDIT 
4.1  A full annual audit of Moray Council compliance with PMSC was carried out 
by Marex Marine in their capacity as Designated Person.  The Audit was 
conducted at Buckie Harbour Office on 15 August 2024 and concluded that 
the Moray Council harbours are compliant with the Port Marine Safety Code. 
The annual Audit process made observations, mainly administrative in nature, 
which are provided in the table below with progress towards close out 
included.  The Audit Report is attached as Appendix 1. 
It should be noted that duty holders are required to be conversant with PMSC 
and its content.  Duty Holders should undergo training to discharge their duty 
and this is normally provided through the Designated Person Marex Marine. 
For those current committee members who have not been trained by Marex 
Marine, online training with the British Ports Association was made available 
in September 2024, and future dates will be circulated to all members of 
committee for refresher training.  There will also be further face to face
training available during 2025. 
4.2 The table below contains the observations from PMSC Audit along with the
current status of each observation. Some observations have been grouped: 
Observation Progression
Review Harbour Bye-laws with
particular regard to continued
relevancy
Following a review between the
Head of Environmental &
Commercial Services and the
Managing Director of Marex
Marine, the scope of this
recommendation has been
clarified. An internal review of the
byelaws was carried out on 7
November 2024, with Senior
Solicitor (S Hoath). There were no
changes recommended to the
byelaws. Marex Marine have
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accepted this finding and closed
the audit action. 
Consider cyber security protocols Moray Council has robust cyber
security systems in place.  
Reference to the council’s cyber
security to be made in the Safety
Management System (see para 5). 
Risk assessment review required Annual Risk assessment review
carried out in June 24.  Library of
risk assessments are being
converted to an industry
recognised format with risk being
graded against
people/environment/reputation.
Target 31/3/25.
Recommended minor
amendments to Safety
Management System 
1. References to Navigational
Aids
2. Reference to Pilotage Act /
Competent Harbour
Authority
3. Reference to Local
Lighthouse Authority
4. References to agencies
involved in marine incident
investigations
5. Amend reference to Marine
Operating Procedures
6. Remove reference to Direct
Services Diving Safety
Procedure 
Amendments incorporated in
revised SMS appended to this
report for approval.
Recommend explicit reference to
enforcement for non-payment of
dues in Berthing Policy
A revised Berthing Policy will be
brought to this committee in April
2025.
Consider providing CCTV facility at
Buckie Harbour
Live project due for completion
28/2/25.
Calculate notional Safe Working
Load (SWL) of mooring bollards if
SWL not known and mark bollards
accordingly.
Due for completion by 31/3/25. 
5. REVIEW OF SAFETY MANAGEMENT SYSTEM 
5.1 The Marine Safety Management System is a key document guiding safe
harbour operations, based on formal risk assessment and incorporating safety
policies and procedures to:
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• ensure there is proper control of vessel movements by regulating the safe
arrival, departure and movement within the harbour of all vessels 
• protect the general public from dangers arising from marine activities within
the harbour 
• allow functions to be carried out with special regard to the possible
environmental impact 
• prevent acts or omissions that may cause personal injury to employees or
others. 
5.2 Further it should also: 
• confirm the roles and responsibilities of key personnel at the organisation 
• outline present procedures for marine safety within the harbour or facility
(including the port approaches) 
• measure performance against targets (the organisation must have a
database or system to record incidents, including near misses) 
• refer to emergency plans that would need to be exercised. 
5.3 The council’s Marine Safety Management System (MSMS) was last approved
as version 6 by this Committee on 21 January 2020 (para 6 of the minute
refers). 
5.4 Since the last review by this Committee there have been a number of
changes driven both by changing circumstances and recommendations from
the council’s Designated Person through their audit of PMSC compliance,
which have led to the preparation of version 7 of the MSMS. 
5.5 A revised MSMS, version 7, is attached as Appendix 2.  The previous version
is included in the background papers to this report.  The principal changes are
as follows:
• References to Navigational Aids
o Correction on page 18
o Correction on page 21
• Reference to Pilotage Act / Competent Harbour Authority 
o Correction on page 7
• Reference to Local Lighthouse Authority
o Amendment on page 39
• References to agencies involved in marine incident investigations
o Amendment on page 48
• Amend reference to Marine Operating Procedures
o Correction on page 26
• Remove reference to Direct Services Diving Safety Procedure
o Corrections on page 38 
There have been some other minor text amendments – e.g. removing gender
references relating to roles, improving explanatory text. 
6. REVIEW OF Q1 / Q2 / Q3 2024/25 
6.1 The following sections of the report set out an overview of marine safety
performance in 2024/2025 Q1, Q2 and Q3. 
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6.2 Key Performance Indicators:  The paragraphs below detail the main indicators
that reflect compliance with the Port Marine Safety Code. 
6.3 Accidents, Incidents and Near Misses 
2024/25 Injuries Incidents Near Misses
Q1 0 2 0
Q2 1 0 0
Q3 0 1 0
Total 1 3 0 
6.4 The number of injuries and incidents at Moray Council harbours is low and will
continue to be monitored for health and safety.  It must be noted that strict risk
assessments and permit to work procedures are implemented by harbour staff
when carrying out jobs and encouragingly incidents and accidents involving
Harbour staff are extremely low.  Third party incidents and accidents are
harder to control but work within Moray Water Safety group and a drive to
lead by example in the harbour area will promote a safety culture within the
harbours environment.  With this in place the target for Accidents, Incidents
and near misses will continue to be 0.  All accidents, incidents and near
misses will continue to be investigated thoroughly and reported accordingly at
quarterly and annual meetings.  Lessons learned and actions arising from the
events will also be detailed. 
6.5 The injury accident relates to a member of staff falling in the harbour on 5
June 2024, this was a Reporting of Injuries, Diseases and Dangerous
Occurrences Regulations (RIDDOR) reportable incident, and the matter has
been reported and investigated fully.  As the detail would identify an individual
employee, any questions from committee members as Duty Holder should be
directed to the Head of Environmental & Commercial Services outwith the
committee meeting / by moving to confidential session for this element. 
6.6 The incidents in Q1 relate to Unexploded Ordnance (UXO) found in the
course of the rock-cutting dredging.  The initial assessment of the harbour in
conjunction with the contractor had indicated a negligible risk of UXO.
Following the discovery of 1 x unexploded shell on 5 April 2024, an
independent study was carried out to assess risk of further UXO, and it was
agreed by all parties that the risk remained low.  A further shell was found on
1 May 2024.  Following this, revised operating procedures were put in place
with the dredger operator to mitigate risk.  Both incidents were dealt with via
established procedures with the military EOD (Explosive Ordnance Disposal)
team.  Specialist advice was sought throughout and the incidents were
reported internally at the time.  The incident in Q3 relates to the alleged
tampering of an intermediate bulk container (IBC) that is still under police
investigation but it appears that persons unknown jumped the fence into the
waste area, opening the valve of an IBC which was being used to store waste
oil temporarily.  This resulted in the 600-800 litres of waste oil spilling into the
yard, down the slope and across the road towards the harbour.  This resulted
in approximately 10 litres of waste oil landing in the sea with the majority of
that recovered during the clean-up.  Following this incident waste oil is no
longer stored in this type of container. 
Aids to Navigation
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6.7 As a Local Lighthouse Authority, Moray Council is required to report the
availability of all of its navigational lights to the Northern Lighthouse Board in
March of each year.  Currently the Port Closed light on the North Pier in
Buckie is unavailable resulting in availability figures being decreased.  This
has been discussed with the Northern Lighthouse Board and they have noted
it is not an urgent requirement as the light is not mandatory and other
provisions to communicate any port closures are available.  Mucks Light
structure is at end of life and capital budget has been allocated for its
replacement.  The works have gone out to tender and the project is due for
completion by the end of the financial year (there needs to be a wide
timeframe to allow for weather conditions being suitable for the works). 
6.8 A risk assessment for changing the lighting system was prepared and
approved by the Northern Lighthouse Board.  A Notice to Mariners has been
produced and sent to all harbour users and the UKHO so visiting vessels can
be informed of this change. 
6.9 The table below summarises the availability of Navigational lights under 
Moray Council’s responsibility. 
6.10 The ‘Availability Objective’ is calculated over a rolling 3-year period.  This
means that over this period a Cat 1 Aid to Navigation needs to be functional
for 99.8% of the time.  Currently Moray Council is not meeting this target, this
is due to the 3 months the Mucks Light was out, 1 month last year and 2
months the previous year.   
6.11 The target for the year 2024/25 is to increase the availability figures of Cat 2
lights to 95% and cat 3 lights to 97%.  This will be achieved by utilisation of
new solar powered lights that were been installed during 2023/24.  One sector
light remains to be installed in Buckie due to be installed during Q3.  Once
installation is completed of the final light efficiency will increase back to target
due to less reliance on unsuitable cabling prone to faults.  
6.12 Pilotage:  Pilotage is not compulsory at Buckie harbour, and therefore not all
cargo movements require the services of a pilot.  The number of pilotage acts
carried out in Quarters 1, 2 & 3 was 31, in relation to 72 vessel movements in
and out of the harbour. 
6.13 Training:  The training plan for 24/25 incorporates: 
• MCA Level 1 covering Oil Pollution Preparedness, Response and Co-
ordination for Harbour Assistants.
• RYA First Aid for 3 members of staff – covering refresher and new
members of staff.
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• RYA Basic Sea Survival for 5 members of staff – covering refresher and
new members of staff.  While refreshers are not mandatory it is deemed
good practice for staff to receive refreshers after 5 years.
• RYA Powerboat Level 2 for 2 newest members of staff.
• RYA Day Skipper Theory for 4 members of staff, natural progression for
harbour assistants.
• RYA Advanced Powerboat for 5 members of staff involving the progression
of the Harbour Team in coxing the pilot boat.
• RYA Professional Practices & Responsibilities is the commercial
endorsement of RYA tickets once all acquired.
• Marine Mammal Observer training - certificate of professional competence
– 2 of the 3 crew have successfully completed this training. 
7. CONSERVANCY 
7.1 External dredging has achieved minimum 3 metre below chart datum across
Basin 2 and the entrance channel as required.  The council’s own dredging
has been focussed on both this and the wider entrance channel area where
there are improvements to be made in available depths.  The majority of the
wider entrance channel area is now at 3m, however, there are some points
where the depth is only 2.2m so work is ongoing. 
7.2  A Notice to Mariners stating that depths may be 2 metres remains in force
after last winter’s storms reduced depths in the wider harbour entrance area 
7.3  Burghead will be attended any time there is a suitable weather window during
manned periods and when tidal conditions suit once the shallow area at
Buckie harbour entrance is rectified.  Currently the depth below chart datum at
the entrance of Burghead harbour is 0 metres. 
7.4 There is a Notice to Mariners published warning vessels of the fluctuating
depths within the entrance channel of Burghead advising all mariners to
contact Harbourmaster for accurate information and tidal information. 
7.5  The priority areas for dredging at Burghead remain the sand bank which is
located adjacent to the north breakwater and an area of sand build up
adjacent to the groyne, which has been repaired during 2023/2024.  Other
dredging requirements include:  
• Hopeman:  New licence received.  Officers to develop land based plans for
dredging utilising Selkie alongside land based excavators.  The inner basin
and channel will both be included in dredging plans.
• Portknockie:  There is no specific need for dredging plans at Portknockie at
this time however the entrance and pontoon basin will be closely monitored
and dredged accordingly.
• Findochty:  Dredging is required at the entrance channel and areas around
the middle jetty. 
7.6 Maintenance dredging will continue throughout 2024/2025.  It should be noted
that commercially and operationally works in Buckie and then secondly
Burghead will be prioritised before any additional work is undertaken. 
Selkie
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7.7 MV Selkie has completed works in Buckie during the year to date.  The below
table summarises the work carried out during the first three quarters: 
Days worked and total tonnage removed 2024/2025 vs 2020/2021-2023/2024
Year Days
working
Weather
days
Maintenance Working
days %
Tonnage
Removed
2024/2025
(Q1-3)
32 12 91 24 8,240
2023/24 62 58 28 42 8,472
2022/23  94 68 46 46 12,880
2021/22 77 62 59 39 14,120
2020/21 38 14 46 39 11,240   
Tonnage removed per harbour during Q1,Q2 and Q32024/2025
Harbour  Total Tonnage removed 
Buckie  8,240 
7.8 During Q1 & Q3 there were significant breakdowns to the excavator and in the
first month of Q2 the MCA conducted an out of water mid-term survey.  Of the
135  days the crew were on the vessel 24% were working days, 8% weather
related and 68% maintenance and breakdowns. 
7.9 The plan for increased efficiency moving forward continues to be to maximise
the number of days crewed on vessel further and continue to work effectively
with maintenance to lower the number of maintenance days. 
7.10 It must however be noted that the maintenance delays of the vessel continue
to be the result of excavator issues.  The excavator on board Selkie has
reached an age where regular issues with components such as valves are
likely to remain high despite good maintenance.  This is a direct result of age
of the excavator and the harsh environment the excavator works in on a
constant basis.  The implications and options relating to this are currently
being explored and are being progressed with fleet services as part of the
asset management planning process with a view to replacement in 2025/26. 
7.11 A review is underway in general within the harbour service which ultimately
aims to maximise crewing of the vessel by using in house crew working to
simpler contractual understandings.  The crew will also be more agile in ability
to work at shorter notice periods allowing maximum advantage to be taken of
periods of good weather.  The training of all staff within the harbours team will
also allow maximum resilience with multiple members of staff being able to
work on the vessel if required.  It should be noted however that both the
review and the training has been hampered due to long term absences. 
7.12 KPIs measuring the percentage of days working and days of maintenance will
continue to be included in quarterly reports moving forward.  This is a
measure of the vessels working efficiency with a target of 50% working days
and 20% maintenance days set.  A copy of KPI table is included in paragraph
4.44.  Below shows in table and graph form Selkie working percentage vs
Maintenance and Weather days. 
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% Comparison of working days compared to weather and maintenance per year.
Year Days working % Weather days % Maintenance %
2024/25 to
date
32 14 54
2023/24 42 39 19
2022/23 46  32 22
2021/22 39 31 30
2020/21 39 14 47 
7.13  KPI Summary Table  
KPI Progress at the end of Q2 Completion Target Date 
Conservancy 
Buckie Channel Depth 3.0M Depth at 3m in most places.
Areas at 2.2m to be
addressed
31/03/25
Buckie Basin 1/2 depth
3.0M
Current depth 2.5M Review of progress
continuously.
Fully achieved basin 2 by
31/05/24 Basin 1 to be
achieved by 31/03/25
Provide 0.3M channel
Burghead
Current depth 0.0M Delayed –target date to be
reviewed, attendance at
Burghead prioritised 
Productivity 
Maintenance days less than
20%
68% at 31/12/24 –
incorporates mid-term out of
water survey.
Continuous review
Working days greater than
50%
24% at 31/12/24 –
incorporates impact of mid-
term out of water survey
Continuous review
Total minimum tonnage
removed above 14,120
Tonnes (aspirational target
18,000 Tonnes)
8,240 tonnes at 31/12/24 31/03/25
Total working days above
77 (target 100)
32 days at 31/12/24  31/03/25 
Staffing 
Full Time master recruitment campaign (long
term skilled agency worker
currently)
31/3/25 
Safety management/
Maintenance 
SMS review and Update Incorporated in this report 30/06/24
Full Risk assessment
update
annual review completed
June 2024
31/03/25 
Green Harbours
7.14 There has been continuing work carried out with the focus on lowering carbon
emissions and promoting overall environmentally sound practices within the
harbours.  Electrical upgrades to allow greater connectivity for vessels with
less reliance on fossil fuel generators is now complete and an electricity
supply agreement was signed between Moray Council and Ocean Winds UK
Ltd on 8 August 2024.
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8. FUTURE OBJECTIVES AND PLANS 
8.1 Objectives identified for 2024/25 include the following: 
• Procure and replace Buckie Mucks navigational Light structure by end of
2024/25.
• Progress procurement and installation of CCTV equipment in Buckie
harbour.
• Review and report existing and identify new KPIs.
• Undertake further reviews of Berthing Policy and Harbour Bye-laws.
• Progression of Water safety policy draft framework.
• Review training requirements and request necessary training.
• Increase momentum of Pilot training and accreditation leading to an                                    
additional 2 fully competent Pilots within the Harbour team by end of
financial year.
• Carry out change management process to address long term staffing
queries and dredging crewing requirements. 
9.  SUMMARY OF IMPLICATIONS 
(a) Corporate Plan and 10 Year Plan (Local Outcomes Improvement
Plan (LOIP)
Sustainable harbours maintained to operate safely and efficiently
contribute to the economic development of Moray. 
(b) Policy and Legal
Non-compliance with the Code will have legal implications. 
(c) Financial implications
Non-compliance of the Code may have financial implications. 
(d) Risk Implications
Failure to comply with the Port Marine Safety Code could result in
prosecution of the authority. 
(e) Staffing Implications
No staffing implications arise from this report. 
(f) Property
There are no property implications arising from this report. 
(g) Equalities/Socio Economic Impact
There are no specific equalities matters, however, the Equalities Officer
has been consulted and comments incorporated into this report. 
(h) Climate Change and Biodiversity Impacts
There are no climate change and biodiversity implications arising from
this report. 
(i) Consultations
The Depute Chief Executive (Economy, Environment and Finance),
Head of Environmental & Commercial Services, Legal Services
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Manager, Chief Financial Officer, Committee Services Officer (C
O’Connor), Principal Climate Change Strategy Officer, and Equalities
Officer have all been consulted and their comments incorporated into
this report. 
10.      CONCLUSION 
10.1 The Council is currently deemed to be compliant with the PMSC, 
however, work to maintain a safe environment remains an ongoing 
matter in a dynamic environment. Diligent staffing and constant 
monitoring and risk assessing will be utilised to maintain compliance as 
demands evolve. 
Author of Report: Nicola Moss, Head of Environmental and Commercial
Services 
Background Papers: Harbour Safety Management System 21/1/2020 
Ref:    SPMAN-524642768-1186
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ISO 9001:2015
FS 531246
Neo House | Riverside Drive | Aberdeen | AB11 7LH
www.mmass.co.uk
Tel: +44 (0) 1224 894 498
MORAY COUNCIL HARBOURS
PMSC Audit 2024
APPENDIX 1
Item 5.
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MORAY COUNCIL HARBOURS
PMSC Audit 2024
MAREX-4330-01 
PMSC Audit 2024, v2.0
Document Control
Marex Contract No:   4330
Client:     Moray Council
Title:     MORAY COUNCIL HARBOURS
Subtitle:    PMSC Audit 2024
Document Reference:   MAREX-4330-01
Document Version:   v2.0
Issued To:   Nicola Moss, Head of Environmental and Commercial Services
Document History
Version No. Issue Date Project No. Reason for Issue Prepared By Reviewed By Approved By
v0.1 29 Aug 2024 4330 For Review Iain Young Neil Smeaton 
v1.0 29 Aug 2024 4330 For Issue   Neil Smeaton
v1.1 10 Dec 2024 4330 Updated after
Client Review
Iain Young Wayne Henderson 
v2.0 10 Dec 2024 4330 For Issue   Wayne Henderson
This document has been prepared for the titled project or named part thereof and should not be relied upon or used for any other project
without an independent check being carried out as to its suitability and without prior written authority of Marex Marine and Risk
Consultancy being obtained. Marex Marine and Risk Consultancy accepts no responsibility or liability for the consequences of this
document being used for a purpose other than the purposes for which it was commissioned. Any person using or relying on the document
for such other purpose agrees, and will by such use or reliance be taken to confirm his agreement, to indemnify Marex Marine and Risk
Consultancy for all loss or damage resulting there from. Marex Marine and Risk Consultancy accepts no responsibility or liability for this
document to any party other than the person by whom it was commissioned.
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MORAY COUNCIL HARBOURS
PMSC Audit 2024
MAREX-4330-01 
PMSC Audit 2024, v2.0
Contents
1 INTRODUCTION ................................................................................................................................. 1
1.1 Moray Council Harbours ....................................................................................................................... 1
1.2 Reportable Incidents .............................................................................................................................. 3
2 AUDIT ................................................................................................................................................... 6
2.1 Review Meeting ...................................................................................................................................... 6
2.1.1 Review of Outstanding Recommendations............................................................................. 6
2.1.2 Review of Marine Procedures, Pilotage and Enforcement .................................................. 8
2.2 Harbour Visits ....................................................................................................................................... 10
2.2.1 Buckie ............................................................................................................................................. 10
2.2.2 Burghead ....................................................................................................................................... 11
2.2.3 Hopeman ....................................................................................................................................... 11
3 RECOMMENDATIONS AND CONCLUSIONS ............................................................................. 12
3.1 Recommendations for Enhancement 2024 .................................................................................. 12
3.2 Audit Conclusions ............................................................................................................................... 13
4 DEFINITIONS AND ABBREVIATIONS .......................................................................................... 15
5 REFERENCES ..................................................................................................................................... 17
6 APPENDIX A - 2024 AUDIT WORKSHEET ................................................................................ 19
Tables
Table 2-1: Audit Review Meeting Participants ............................................................................................... 6
Table 2-2: Outstanding Recommendations ..................................................................................................... 7
Table 2-3: Review of Marine Procedures.......................................................................................................... 8
Table 2-4: Review of Pilotage ............................................................................................................................. 9
Table 2-5: Review of Enforcement ..................................................................................................................... 9
Table 3-1: Recommendations for Enhancements 2024 ............................................................................ 12
Table 4-1: Abbreviations.................................................................................................................................... 15 
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1 INTRODUCTION
Marex was invited by Moray Council to fulfil the role of designated person (DP), as outlined in the
publication Port Marine Safety Code (PMSC) [1] and the associated good practice guidelines [2].
The role of the DP is to provide independent assurance directly to the duty holder (DH) (as defined
in the PMSC [1][2]) that the Safety Management System (SMS) for the port is working effectively.
This is mainly undertaken through assessment and audit to determine if implementation of the Moray
Council SMS ensures compliance with the code.
The previous PMSC audit [4] was carried out on 27 February 2023. As these audits are carried out
annually, the 2024 audit due date was February/March 2024. However, due to circumstances,
including harbour office relocation, the audit was carried out later on 15 August 2024 at Buckie
Harbour with senior Moray Council harbour staff.
1.1 Moray Council Harbours
Moray Council is the statutory harbour authority for six harbours which cater for both the leisure
market and commercial sector. The main commercial harbour is Buckie. Burghead is an established
base for a number of inshore fishing vessels with Cullen, Findochty, Hopeman and Portknockie now
mainly serving the needs of the leisure boating community. There are other harbours in Moray
including Lossiemouth marina and Portgordon, but these are privately operated.
Buckie Harbour is very sheltered and consists of four basins, and has a useable quay length of
1,130 m. There are bulk cargo sheds totalling 1,350 m2 in area, operated by North East Stevedoring
Ltd and craneage is available on request. Other facilities include 24-hour bunker availability by road
tanker and waste oil collections, and a public weighbridge. Historically an important fishing harbour,
Buckie also provides a complete servicing package for the fishing fleet. There is no longer a fish
market at Buckie and landed fish is mainly consigned to fish markets including Peterhead. Buckie also
has a successful ship yard operated by Macduff Shipyards Ltd and is the home for the Moray Council
dredger, MV Selkie.
Cargo operations currently provide the largest revenue followed by fishing. Imports to Buckie include
malt, soya, road salt and equipment for wind farms. Exports include stone, rape, barley and copper
stills. There are currently a number of wind farm service vessels permanently based at the harbour.
Burghead Harbour occupies a sheltered position and consists of a single basin. The harbour is the
operational base for a number of inshore fishing vessels engaged mainly in the shellfish and squid
industry.
The other small harbours cater mainly for leisure vessels. Cullen Harbour features two basins, with
only the larger inner basin used for mooring. Approximately 25 pleasure and part-time fishing boats
are moored here. Findochty Harbour, three miles east of Buckie, has two basins. Over 100 berths are
available to accommodate the demand from a wide range of pleasure and part-time fishing boats.
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Hopeman Harbour consists of two basins but only the inner basin is used for mooring. There are 51
berths on the pontoons for up to 8 metre boats, which are predominantly leisure craft. Portknockie
harbour has two basins. Three pontoons in the inner basin provide berthing for up to 50 boats which
are mainly leisure craft.
Moray Council is a statutory harbour authority (SHA) empowered by the Grampian Regional Council
(Harbours) Order Confirmation Act 1987. It is also the competent harbour authority (CHA) for the
Moray Council pilotage area under the Pilotage Act 1987. However, pilotage is not compulsory at
any of the harbours. A pilot can be provided by Buckie Harbour if requested.
The position of duty holder is taken by the Economic Development and Infrastructure Services
Committee which makes up the harbour board, the members of which remain publicly accountable
for the proper operation of the harbours.
There is a capital maintenance plan in place for major harbour works. However currently, other
maintenance is carried out on reactive basis with periodic checks carried out with a checklist. A
planned maintenance system is in the process of being set up. This will include the dredger Selkie,
pilot boat, harbours (e.g. ladders, bollards, pontoons etc).
The date of last published Port Marine Safety report [6] was 30 April 2024. These reports are
presented quarterly to the Council and available in committee meeting minutes. The reports include
the objectives and plans which are both ongoing and set for the future. The date of the last statement
of compliance letter issued to the Maritime and Coastguard Agency (MCA) was March 2021. The
MCA are currently engaged with the full review and update of the Port Marine Safety Code and Guide
to Good Practice. The MCA have therefore postponed the requirements for ports to confirm
compliance with the code until the review and update has been completed and the delayed
compliance exercise will cover the three-year period 2025-2027. It is anticipated that confirmation
of compliance with the code will be due in March 2025.
The Buckie Harbour office is now permanently located at a new office in the fish market building,
having relocated from its temporary location in the Buckie Drifter building on Freuchny Road in May
2024. This, along with recent changes in senior personnel, has been the main reason for the delay in
carrying out the PMSC audit and closing out previous recommendations.
The review of the harbour byelaws is still outstanding from previous audits due to lack of resources
and Moray Council consider this a low priority as it does not cause major operational issues. However,
the duty holder should consider carrying out the review as and when resources permit. The berthing
policy review for commercial harbours is currently ongoing.
Moray Council has not approved version 7 of the harbours safety management system (SMS), which
was used in the 2023 audit. Therefore, the current approved SMS [5] is version 6. This has resulted
in a number of previously closed out recommendations being re-activated.
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PMSC training for duty holders is currently planned to be undertaken by the provision of a link to the
British Ports Association PMSC duty holder awareness webinar.
1.2 Reportable Incidents
There were 12 incidents in the reporting period, all of which have been closed out, as follows:
1) 14 April 2023. The Barge Titan and tug vessels Meercat and Voe Viking requested
permission to depart the harbour and, with no other vessel movements, permission was
granted. Twenty minutes later, the team of divers doing repairs to the north pier contacted
the harbour for permission for a diver to go into the water and, as it was assumed that the
barge and tugs had left the harbour, permission was granted for this too. However, from the
temporary harbour office in The Drifter, the team could not see that the barge and tugs had
not actually moved from their berth. Ten minutes later, the tug and barges commenced
moving and this was observed by the divers who contacted the harbour who then stopped
the vessels’ movements. The diver was able to leave the water safely before the vessels
were given permission to leave the harbour. While this is a near miss, the potential for an
accident was high with possible severe consequences had the divers not been observant of
their surroundings. Vessel operators have been informed that, if they do not move quickly
after informing the harbour of their intentions, they must inform the harbour of the delay. 
Also, CCTV that can be viewed by the harbours team is required urgently in the harbour
office.
2) 9 July 2023. During a beginner paddleboard lesson in Portknockie harbour, the injured person
(IP) fell from the board into the water and, on attempting to get back on board, dislocated
the right knee. The IP, in a lot of pain, succeeded in getting back on the board and was then
towed to the slip. The ambulance and coastguard were contacted and the IP remained on the
board until the incident was subsequently taken over by the ambulance and coastguard.
3) 15 September 2023. While removing a light fitting on the harbour wall, the fitting suddenly
became free causing the electrician to lose his balance, which resulted in a fall and fracture
of his left arm. On site risk assessment modified to include hiring of a MEWP and barriers
and cones to be used.
4) 13 December 2023. The sailing vessel ‘Dolphin of Solway’ had been left unattended by the
owner in Findochty for a long period which meant that harbour staff have had to look after
the boat. However, despite the harbour team’s efforts, the vessel had deteriorated to such
an extent that it become unseaworthy and then suffered significant damage to the rudder,
keel and hull while being moved in the harbour by the owner and, on 13 December 2023,
the vessel subsequently sunk alongside its berth. On the next day, the harbour staff pumped
out and refloated the vessel and it was established that there was a hole just above the water
line caused by rubbing against the pier and a large spilt where the deck joins the hull and it
was concluded that these two issues were what caused the boat to take in water and sink.
The root cause of the incident is neglect by the owner. However, it is considered that the lack
of budget available for the harbour team to remove the vessel previously also played a part
as the harbour staff had been worried about the condition of the vessel for some time.
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5) 9 February 2024. MV Lianne was making her approach to Buckie harbour at 01:00. However,
as the tidal window for the vessel closed at 01:00, the watchman on shift was unsure if he
should allow the vessel entry. This was discussed with the harbour master who considered
that, with pending poor weather and thinking that the tidal window had a safety factor of
1 m under keel, there should be no issues. The master was notified of this in order that he
could make the decision whether or not to proceed. The vessel proceeded and, at the
breakwater on the south side of the channel, the vessel grounded. The master applied power
and the vessel freed itself and then continued entry with no other issues. Soundings were
subsequently taken which indicated that a sand bank had formed on the south side of the
channel resulting in a loss of 0.9 m from chart datum. This sand bank had been caused by
the storms over the preceding weeks. The sand bank was subsequently removed by the
dredger. Soundings will be taken as a matter of course throughout the channel at intervals
of a minimum of once per month or following a significant storm event.
6) 22 February 2024. While berthing the cargo vessel MV Victress on Pier 1, due to inadequate
lighting the watchman on shift tripped while trying to catch a mooring line. While there was
no injury sustained, he was close to the pier edge and it could have resulted in serious injury.
New lights are awaiting installation. Until the lighting is rectified, the watchmen will not be
working on Pier 1 during the hours of darkness which could temporarily affect the berthing
arrangements.
7) 29 February 2024. MV Lyrika was approaching the harbour at a safe speed of approximately
2.8 knots in good weather and south westerly winds with 1 m under keel clearance.
However, as the vessel was passing the breakwater, unexpectedly large waves struck the
bow which caused the bow to swing to starboard and strike the west pier. The master
manoeuvred astern from the pier and the vessel was able to then proceed safely into the
berth. The master attempted to do everything he could to avoid the incident and reacted
appropriately after it happened. There were no injuries to personnel. The bow of the vessel
was damaged (a dent and tear of approximately 1 m was visible) which needed to be rectified
before the vessel could sail.
8) 29 February 2024. At approximately 15:00, a substantial amount of oil in basin 4 was
reported to the harbour office. The harbour staff deployed the oil spill equipment and most
of the oil, estimated at 100 litres, was subsequently successfully contained. An investigation
into the source of the spill was unsuccessful. There had been no bunkering operations since
the morning and all vessels stated they had not been doing anything that could have caused
the spill.
9) 27 March 2024. During dredging operations at Buckie harbour entrance, the slewing motor
on the digger failed to provide braking assist which allowed the digger to slew right under
its own momentum without stopping until it contacted the pier head and associated railings.
Weather conditions were good with a westerly wind force 3, wave height about 0.1 m and a
1 m swell coming in at the entrance. Investigations showed that the slewing motor is
disintegrating internally and that it will likely fail at some point in the future. The risk
assessment for dredging was reviewed and deemed satisfactory without amendment.
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10) 5 April 2024. At 12:50, while recovering spoil from basin 2, the external KML dredger team
discovered suspected unexploded ordinance (UXO) in the bucket. The harbour office was
informed and the barge was made safe and evacuated. The police were informed, pier access
restricted and vessels on Piers 2 and 3 evacuated. The army explosive ordinance disposal
(EOD) team subsequently arrived and identified the ordinance as a 22 mm shell casing,
commonly used during WW2. This was made safe and normal operations were able to
resume at 18:05. It is thought that the shell was either washed in on the tide or, more likely,
has been recovered at sea by a fishing boat who has subsequently incorrectly disposed of it
in the harbour. It is the view of the harbour that the dredging operations could and should
progress now with no change to how they are operating. The dredger operators are,
however, looking at various options they feel necessary to protect the safety of their
workforce.
11) 1 May 2024. The KML dredger barge was working in basin 2 of Buckie Harbour using the
new technique for checking for UXO. On reviewing the 4th bucket load another canister from
an artillery shell was found. The harbour office was informed, the police contacted and EOD
team called out. A cordon was set up on Pier 2 and all boats moved from the pier. The EOD
team removed the casing from the barge which was then taken to the beach at Strathlene
where a controlled explosion was carried out. It was concluded to continue to use the risk
assessments provided by KML as it was considered that these worked well for this incident.
12) 5 June 2024. When boarding the dredger Selkie an external visitor fell while descending the
ladder. This was not reported to the master but once back onshore, the injured person (IP)
informed the Harbours Manager and their manager. After consulting NHS 24 an appointment
was made for the following day and subsequent x-rays revealed a fracture. The IP had tried
to get the attention of a crew member before boarding but was unable to do so. This meant
that no crew members were aware of their arrival. This incident has also been reported to
the MAIB and through RIDDOR as required by the regulations. When any external visitors
(not crew or harbour staff) need to board Selkie, they will ensure the master is aware of their
arrival in order that the boarding can be monitored.
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2 AUDIT
The main aim of this audit was to assess the progress made in closing out the findings from 2021
and to ensure continued compliance with the PMSC. Further audits will be required to ensure ongoing
compliance with the PMSC.
The audit consisted of the following:
• A review of outstanding recommendations from previous audits.
• A review of the requirements of the PMSC utilising the audit worksheet with a focus on:
o Marine procedures referred to in the SMS.
o Pilotage.
o Enforcement.
• A visit to Buckie, Hopeman and Burghead harbours.
2.1 Review Meeting
A review meeting was carried out with senior Moray Council harbour staff in Buckie Harbour Office
on 15 August 2024. The personnel in attendance at the meeting are shown in Table 2-1.
Table 2-1: Audit Review Meeting Participants
Name Position Organisation
Karen McGilly Transportation Support Officer (Acting Harbours Manager) Moray Council
Darren Bremner Harbour Master Moray Council
Iain Young Designated Person Marex
Overall compliance with the PMSC is taken very seriously by the senior harbour staff. The staff
involved in the audit were clearly enthusiastic and determined to ensure that the harbour complies
with the PMSC.
The last duty holder training was carried out in August 2022, and the current committee is
predominately unchanged. The harbour master is going to provide the duty holders with a link to the
British Ports Association PMSC duty holder awareness webinar to give them the opportunity to
update themselves on their duties under the PMSC.
2.1.1 Review of Outstanding Recommendations
The outstanding recommendations from previous audits were reviewed and the status updated as
shown in Table 2-2. In addition, due to the SMS reverting to version 6, recommendations 5, 6 and 7
of 2021 have been re-opened.
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Table 2-2: Outstanding Recommendations
No. Issue / Recommendation Cat. 2024 Audit Management Response
/ Implementation Date / Status
Pre 2020
- 7
Recommendation
Review the bylaws to ensure that they remain relevant
and are appropriate for the operation of the harbours
(This recommendation was originally made in 2012 and
is still outstanding from April 2015). 
Undertake berthing policy review.
B No review has been carried out due to
lack of resources and Moray Council
consider this a low priority as it does not
cause major operational issues. However,
the duty holder should consider carrying
out the review as and when resources
permit. 
Berthing Policy review for commercial
harbours underway. Ongoing.
OPEN
2020 - 2 Recommendation
Consider cyber security procedures, either as a
standalone document or to be integrated into the ISPS
security plan, and ensure that there are emergency
procedures in case of an attack.
B Ongoing and being addressed.
Moray Council already has robust
cybersecurity system in place.
ISPS security plan in process of being
rewritten and will include statement of
integration of cyber security. Expected Q1
2025.
OPEN
2021 - 2 Recommendation
Carry out a review of the risk assessments and update as
appropriate (see PMSC Audit 2021 [3]).
B Risk assessment review currently
ongoing. Expected to be completed by
Q1 2025.
OPEN
2021 - 3 There are navigation aids references in 2.1.11 and 2.2.11
to Appendix C (which was Marine Operations Procedures
in the 2016 version of the SMS). However, Appendix C in
the 2020 version is the Moray Council Health and Safety
Policy.
There is an incorrect reference to Appendix D (which is
the Harbours Environmental Policy) in 7 (Tool Box Talks),
9.6 (Mooring/ Unmooring) and 11.6 (Pilot Boat). 
Recommendation
Amend the above incorrect references in the SMS.
B Will be updated in SMS version 7 which
is currently being worked on.
OPEN
2021 - 5 1.3.3 (Pilotage Act 1987) states that Moray Council is not
a competent harbour authority. 
Recommendation
Amend section 1.3.3 to state that Moray Council is a
competent harbour authority.
B Re-opened due to SMS reverting to
version 6.
Will be updated in SMS version 7 which
is currently being worked on.
OPEN
2021 - 6 The SMS does not refer explicitly to being a local
lighthouse authority. 
Recommendation
Consider adding the following statement to SMS Section
10.1 (Procedures):
“As a competent harbour authority, Moray Council acts as
a local lighthouse authority, and therefore has
responsibility for the provision and proper maintenance of
aids to navigation as necessary, and effective
management of any danger to navigation from wrecks or
obstructions”.
B Re-opened due to SMS reverting to
version 6.
Will be updated in SMS version 7 which
is currently being worked on.
OPEN
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No. Issue / Recommendation Cat. 2024 Audit Management Response
/ Implementation Date / Status
2021 - 7 There should be a statement in the SMS establishing
that, if an offence has been committed, which authority
(e.g. police, MAIB, MCA HSE) has primacy for any
investigation. 
Recommendation
Consider adding the following statement to SMS Section
13 (Incident & Near Miss Reporting):
“In certain circumstances the Marine Accident
Investigation Branch (MAIB) or Maritime and Coastguard
Agency (MCA) may become involved in incident
investigation.
The police will take primacy in any investigation involving
death or crime. When someone dies in a work-related
incident or as a result of a navigational incident, a number
of different organisations will require to work with the
police to ensure that the incident is investigated and that
the reasons for the death are understood. Moray Council
will work with the police to support their investigation
where appropriate.”
B Re-opened due to SMS reverting to
version 6.
Will be updated in SMS version 7 which
is currently being worked on.
OPEN
A general recommendation to complete outstanding recommendations from previous audits has
been included in Section 3.1 of this report.
2.1.2 Review of Marine Procedures, Pilotage and Enforcement
A review of marine procedures referred to in the SMS, pilotage and enforcement was carried out
during the audit meeting. A number of observations were made during the review and these are
detailed in the following tables. Recommendations arising are detailed below and in Section 3.1.
Table 2-3: Review of Marine Procedures
SMS Section Details Observation/Recommendations
3.10 Bunkering procedures Bunkering checklist is part of risk assessment 18.
7 Statement: “The Pilot/Master interface in Section
4.4 of the Marine Operating Procedures is an
example of a “Tool Box Talk”.”
Recommendation
Confirm the existence of the Marine Operating
Procedures document and update SMS Section 7 as
appropriate.
9.6 Statement: “Harbour staff employed in mooring/
unmooring operations will wear appropriate
Personal Protective Equipment (PPE), as per the
Mooring Manual.”
Statement: “All harbour staff complete the
Mooring Manual training.”
Buckie Harbour Mooring Manual in place which is
comprehensive and used in conjunction with risk
assessments.
There is also a mooring competency assessment form
in place.
9.9 Statement: “Direct Services Diving Safety
Procedure “Diving Operations in and around
Moray Council Controlled Waters/ Sites/
Installations””.
Diving carried out under PTW system. 
Recommendation
Remove reference to Direct Services Diving Safety
Procedure from SMS Section 9.9.
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SMS Section Details Observation/Recommendations
9.9 Statement: “Contractors must provide evidence of
their competence and SMS at the time of
tendering.”
There is a pre-qualification process carried out by
Moray Council Consultancy Section which checks that
relevant standards / qualifications etc. are complied
with by bidders in their tendering submission. This
includes for diving contractors.
Table 2-4: Review of Pilotage
SMS Section Details Observation/Recommendations
11 Provide the number of vessels which used a pilot
in the audit period
The number of pilotage acts carried out in the year
2023/24 was 30 out of 106 vessel movements.
11.1 Statement: “The harbour authority employs and
authorises the pilots and has in place appropriate
qualifications and training requirements (see
below). All hold recognised certification and have
appropriate seagoing experience and local
knowledge.”
There are currently three authorised pilots.
There are currently no pilots under training. However,
the intention is to offer opportunities for pilot training
to current harbour staff.
There is in place annual authorisation of pilots which
will verify ongoing competency etc.
11.2 Statement: “A Pilot Continuous Professional
Development (PCPD) programme has been set
up for pilots.”
Program in place utilised by authorised competent
pilots.
11.3 Statement: “The Authority may restrict a new
pilot to certain vessel dimensions or
characteristics for a probationary period. The
Authority may also restrict pilotage of certain
vessels with specialised or unusual features to
certain pilots with appropriate training and
experience.”
There is currently one pilot restricted to day time
operations.
11.6 Statement: “The Buckie Boat is surveyed
periodically by approved consultants for the
SWB2 Document of Compliance.”
Compliance dates as follows:
Annual examination: 5 August 2024.
Intermediate examination (out of water): August
2023.
5-year compliance examination: 30 July 2020.
11.7 Statement: “The Boat is operated in compliance
with the MCA Small Workboats and Pilot Boats
Code of Practice, under which Buckie Pilot Boat is
considered a pilot boat vessel for operation
within 3 miles of a safe haven.”
Workboat in place and all crew trained.
Crew certification up to date - RYA advanced
powerboat and fishing certificates.
Compliance with MGN50.
Table 2-5: Review of Enforcement
PMSC
Section
PMSC GtGP Details Observation/Recommendations
8.3 1.9.12 Byelaws and directions
adopted in order to manage
identified marine risks must be
backed by an appropriate policy on
enforcement; and each authority
should have a clear policy on
prosecution of those who breach
byelaws and directions, which is
consistent with the safety
assessment on which they are
based.
SMS Section 1.4 has the
following statement on
enforcement: “Ensure that the
Harbour Authority seeks and
adopts appropriate powers
for the effective enforcement
of their regulations and for
setting dues at a level which
adequately funds the
discharge of all their duties.”
Non-payment of dues is already covered
by Moray Council enforcement.
There does not appear to be an
enforcement policy in place for harbours.
Recommendation
Consider including in the berthing policy
a policy on enforcement and prosecution
or, alternatively developing a stand-alone
policy for enforcement and prosecution.
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2.2 Harbour Visits
Buckie, Burghead and Hopeman harbours were visited during the audit.
There is a capital maintenance plan in place for major harbour works. However currently, other
maintenance is carried out on reactive basis with periodic checks carried out with a checklist. A
planned maintenance system is in the process of being set up. This will include the dredger Selkie,
pilot boat, harbours (e.g. ladders, bollards, pontoons etc).
2.2.1 Buckie
During the visit to the harbour estate, it was noted that the harbour was quite quiet. A cargo ship
was discharging road salt at Pier 1 and a crew transfer vessel (CTV) was lying at Pier 3. Selkie was
dredging the entrance channel at the breakwater. Five creel boats were moored at the small pontoon
east of Pier 4 and a small number of other vessels moored in various locations in the harbour.
The quaysides and access locations were observed to be clear of obstructions. Ladders and quayside
fittings were observed to be generally in good order.
There are three CCTV cameras in place in Buckie Harbour. However, at present, these can only be
monitored by the police in Elgin. It is recommended that the Buckie Harbour office should be provided
with the facility for harbour staff to monitor the harbour CCTV cameras as this will increase
awareness of any operational, security or safety issues which may arise. This recommendation is
included in Section 3.1 of this report.
It was noted that some bollards on the piers had the safe working load (SWL) of 20 T marked on
them. However, a number of them had no markings. Section 16.4 of the Port Skills and Safety
document SIP005 Guidance on Mooring [7] states: “Where the safe working loads for bollards and
mooring equipment are not known, the risk assessment should determine a notional SWL for each
item of operational equipment and how it is to be used. This can be done through a combination of
good engineering and seafaring principles, mathematical calculation and inspection.” It is
recommended that, if the SWL of bollards are not known, a risk assessment should be carried out to
determine a notional SWL for the bollards. This recommendation is included in Section 3.1 of this
report.
There was ongoing and completed improvements in the harbour as follows:
• The new harbour office located at Pier 2 is now operational.
• A new pontoon for CTVs has been constructed between Pier 2 and Pier 3 became operational
in March 2024. There have been significant improvements to Pier 3 with new security fencing,
etc.
• The new weigh bridge installed at Pier 1 in January 2023 has suffered significant problems
related to calibration and was unable to be used. This has now been resolved and the
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weighbridge is now operating satisfactorily. However, access problems for trucks still exist
which are in the process of being resolved.
• New lighting installed on Piers 2 and 4 provide ability for increased focused lighting for
works being carried out during hours of darkness.
• Full harbour and channel survey carried out in June 2024.
• Buckie harbour currently being dredged by Selkie with a target depth of 3 m.
2.2.2 Burghead
The harbour was relatively full. There were over 20 vessels tied up, comprising mainly of small prawn
trawlers.
New solar powered lights have been installed in Burghead which will decrease the number of faults
observed and as a result over time lead to an increase in the availability figures for all navigational
aids.
Ladders and quayside fittings were generally in good order. The ladders comprise a mixture of fixed
steel and rope ladders. The ladders have numbered tags but these are in the process of being
removed due to a different numbering system now in place. Some rope ladders were missing as these
are sometimes removed depending on the size of vessel using the berth.
There are stone steps located at the eastern end of the harbour to facilitate easier access to boats.
These were noted to have some fouling from marine growth despite monthly power washing and
treatment with biocide.
2.2.3 Hopeman
The harbour was quite busy with leisure vessels and the pontoon appeared to be at full capacity.
Ladders and quayside fittings were generally in good order. The ladders comprise a mixture of fixed
steel and rope ladders. The ladders have numbered tags but these are in the process of being
removed due to a different numbering system now in place. Some rope ladders were missing as these
are sometimes removed depending on the size of vessel using the berth.
The pontoon and access bridge appeared to be in very good order.
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3 RECOMMENDATIONS AND CONCLUSIONS
3.1 Recommendations for Enhancement 2024
Recommendations are graded in three categories:
• Category A: Recommend immediate implementation.
• Category B: To be implemented at the next suitable opportunity e.g., review cycle.
• Category C: For consideration for implementation.
During the audit, the areas for enhancements which were identified are shown in Table 3-1.
Table 3-1: Recommendations for Enhancements 2024
No. Issue / Recommendation Cat.
2024 - 1 Recommendation
Complete all outstanding recommendations from previous audits (see Table 2-2).
A
2024-2 The revision dates for Port Marine Safety Code and Guide to Good Practice are dated March 2015
and 2015 respectively in SMS Section 1.3.1. 
Recommendation
Update revision dates of Port Marine Safety Code (November 2016) and Guide to Good Practice
(February 2018) in SMS Section 1.3.1.
B
2024-3 There is no enforcement policy in place for harbours. 
Recommendation
Consider including in the berthing policy a policy on enforcement and prosecution or, alternatively,
developing a stand-alone policy for enforcement and prosecution.
B
2024-4 There is a reference in SMS Section 7 to the Marine Operating Procedures document which was not
available at the audit. 
Recommendation
Confirm the existence of the Marine Operating Procedures document and update Section 7 as
appropriate.
B
2024-5 There is a reference in SMS Section 9.9 to Direct Services Diving Safety Procedure “Diving
Operations in and around Moray Council Controlled Waters/ Sites/ Installations”. This procedure is
not in use. 
Recommendation
Remove reference to Direct Services Diving Safety Procedure from SMS Section 9.9.
B
2024-6 There are three CCTV cameras in place in Buckie harbour. However, these can only be monitored by
the police in Elgin. 
Recommendation
Consider providing in the Buckie harbour office the facility for harbour staff to monitor the harbour
CCTV cameras as this will increase awareness of any operational, security or safety issues which
may arise.
B
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No. Issue / Recommendation Cat.
2024-7 A number of mooring bollards in Buckie harbour are marked with a safe working load (SWL) of 20T.
However, a number of bollards are not marked and industry guidance [7] states that if the SWL is
not known, a risk assessment to determine a notional SWL should be undertaken. 
Recommendation
It is recommended that, if the SWL of bollards are not known, a risk assessment should be carried
out to determine a notional SWL for the bollards as outlined in the Port Skills and Safety document
SIP005 Guidance on Mooring [7] and the bollards marked appropriately.
B
3.2 Audit Conclusions
Publication of documentation required by the PMSC is up to date including:
• The Port Marine Safety Reports (last dated 30 April 2024), which detail the marine objectives
and targets which are ongoing and set for the future, are presented quarterly to the Council
and available in committee meeting minutes.
• The date of the last statement of compliance letter issued to the MCA was March 2021. The
MCA are currently engaged with the full review and update of the Port Marine Safety Code
and Guide to Good Practice. The MCA have therefore postponed the requirements for ports
to confirm compliance with the code until the review and update has been completed and
the delayed compliance exercise will cover the three-year period 2025-2027. It is anticipated
that confirmation of compliance with the code will be due in March 2025.
The berthing policy review of commercial harbours is currently ongoing. The review of the harbour
byelaws has still not been undertaken due to lack of Council resources and also that Moray Council
consider this a low priority as it is considered that it does not cause major operational issues.
However, the duty holder should consider carrying out the review as and when resources permit.
This recommendation was originally made in 2012 and is still outstanding from April 2015. Also, it
should be noted that the PMSC Guide to Good Practice Section 1.6.1 states “All legislation, including
byelaws and directions, should be reviewed on a regular basis, preferably annually, to ensure that it
remains ft for purpose in changing circumstances.”
Moray Council actively consults with stakeholders through formal membership of the local resilience
partnership and harbour advisory committees which meet several times a year. The harbour master
has been very proactive in developing the water safety group which includes the RNLI, HM
Coastguard, police, fire brigade, fishermen, leisure users and paddleboard manufacturers. Moray
Council has membership of the Partnership Approach to Water Safety (PAWS). The water safety
policy draft framework is progressing which will address public access concerns such as children
swimming in the harbours. Meetings have also been held with Water Safety Scotland. It is also
planned to increase pilot training and accreditation with the objective of an additional two fully
competent pilots within the harbour team by end of financial year.
The duty holder is collectively and individually accountable for compliance with the PMSC, in
ensuring safe navigation and marine operations, within the harbour limits and its approaches. It is
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important that duty holders understand their relationship with the DP, and their responsibilities under
the PMSC (including their responsibility for maintaining compliance with the PMSC). To this end, the
harbour master is going to provide the duty holders with a link to the British Ports Association PMSC
duty holder awareness webinar to give them the opportunity to update themselves on their duties
under the PMSC. It is hoped that they will avail themselves of this opportunity to understand their
responsibilities.
The delay in carrying out the PMSC audit and closing out previous recommendations is considered to
be partly attributable to the relocation during 2024 of the harbour office to its permanent site in the
fish market building along with recent changes in senior personnel.
Overall compliance with the PMSC is taken very seriously by the senior harbour staff. The staff
involved in the audit were clearly enthusiastic and determined to ensure that the harbour complies
with the PMSC.
Provided that due consideration is given to the recommendations presented in Table 3-1, it is
concluded that, overall, Moray Council harbours are considered to be in compliance with the PMSC.
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4 DEFINITIONS AND ABBREVIATIONS
Table 4-1: Abbreviations
Abbreviation Definition
AIS Automatic Identification System
ALARP As Low as Reasonably Practicable
CHA Competent Harbour Authority
COMAH Regulations Control of Major Accident Hazards Regulations
CCTV Closed Circuit Television
CTV Crew Transfer Vessel
DGHAR Dangerous Goods in Harbour Areas Regulations
DH Duty Holder
DP Designated Person
DRA Dynamic Risk Assessment
EEF Economy, Environment and Finance (Committee)
GLA General Lighthouse Authority
GtGP Guide to Good Practice
HSE Health and Safety Executive
HSWA Health and Safety at Work Act
HW High Water
ISM Code International Safety Management Code
ISO International Organisation for Standardisation
ISPS International Ship and Port Facility Security
LPS Local Port Service
MAIB Marine Accident Investigation Branch
MCA Maritime and Coastguard Agency
MEWP Mobile Elevated Work Platform
NLB Northern Lighthouse Board
PMSC Port Marine Safety Code
PTW Permit To Work
RA Risk Assessment
RAF Royal Air Force
RIDDOR Reporting of Injuries, Diseases and Dangerous
Occurrences Regulations
RNLI Royal National Lifeboat Institution
SHA Statutory Harbour Authority
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Abbreviation Definition
SMS Safety Management System
SOSREP Secretary of State's Representative
SSSI Site of Special Scientific Interest
SWL Safe Working Load
UKHO United Kingdom Hydrographic Office
VTS Vessel Traffic Service
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5 REFERENCES
[1] Department for Transport and Maritime & Coastguard Agency 2016, Port Marine Safety
Code.
[2] Department for Transport and Maritime & Coastguard Agency 2018, A Guide to Good
Practice on Port Marine Operations.
[3] Marex Marine and Risk Consultancy 2021, MAREX-1504-01 Moray Council Harbours PMSC
Audit 2021, Version 1.0.
[4] Marex Marine and Risk Consultancy 2023, MAREX-2431-01 Moray Council Harbours PMSC
Audit 2023, Version 1.0.
[5] Moray Council 2020, Harbours Safety Management System, Issue A, Revision 06.
[6] Moray Council 2024, Economic Development and Infrastructure Services Committee, Marine
Safety and Operational Summary of 2023/24 and Q3/4 2023/24 Updates, 30 April 2024.
[7] Port Skills and Safety 2019, SiP005 – Guidance on Mooring, March 2019.  
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6 APPENDIX A - 2024 AUDIT WORKSHEET
PMSC Guide to Good Practice PMSC Indicative
Sources of Evidence -
Key Words
SMS / Document Reference Comments Observations
Section Details
1 Legal Background
1.3 General duties and
powers
Safe and efficient port
operations
Open port
Conservancy
Revision of duties and
powers
Environmental
Civil contingencies
Harbour authority powers
1.1 Purpose and Application
1.2 Policy Statement
1.3.8 Other Legislation
1.4 Duty Holders - Duties, Powers
and Responsibilities  
1.4 Specific duties and
powers
Powers of direction
Dangerous vessels and
substances
Pilotage
Local lighthouse authorities
1.3.2 Health and Safety at Work
Act (HSWA) and Regulations
1.3.8 Other Legislation
1.5.3 Harbourmaster  
1.5 Port marine safety
legislation
Applicable general
legislation
1.3 Applicable Codes and
Regulations
PMSC is dated March 2015 and Guide to Good
Practice is dated 2015 in Section 1.3.1.
Recommendation
Update revision dates of PMSC (November 2016)
and GtGP (February 2018) in SMS Section 1.3.1.
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Section Details
1.6 Legislation fit for
purpose
Powers
Policies
Systems
Procedures
1.2 Policy Statement
1.4 Duty Holders - Duties, Powers
and Responsibilities
1.5 Responsible Persons - Moray
Harbours
4 Emergency Response
Procedures
Appendix B. The Moray Council
Procedures
Appendix C. The Moray Council
Health and Safety Policy.
Appendix D. Harbours
Environmental Policy
Appendix E.  Drone Policy
Incorrect references in the SMS not yet
updated.
There are navigation aids references in 2.1.11 and
2.2.11 to Appendix C (which was Marine Operations
Procedures in the 2016 version of the SMS).
However, Appendix C in the 2020 version is the
Moray Council Health and Safety Policy. 
Incorrect reference to Appendix D (which is the
Harbours Environmental Policy) in 7 (Tool Box Talks),
9.6 (Mooring/ Unmooring) and 11.6 (Pilot Boat). 
Recommendation
Amend the above references.
1.7 Guidance on directions
and byelaws
Review 1.3.7 Grampian Regional Council
(Harbours) Order Conformation
Act (1987) and Grampian
Regional Council Harbour
Byelaws (1990)
2024 update:
No review has been carried out due to lack of
resources and Moray Council consider this a
low priority as it does not cause major
operational issues. However, the duty holder
should consider carrying out the review as and
when resources permit. 
Berthing Policy review for commercial
harbours is underway and ongoing.
Recommendation
Review the bylaws to ensure that they remain
relevant and are appropriate for the operation of the
harbours (this recommendation was originally made
in 2012 and is still outstanding from April 2015). The
duty holder should consider carrying out the review
as and when resources permit. 
Undertake berthing policy review.
1.8 Special directions  2.1.12 Deficient Vessels
9.4 Dredging  
1.9 General directions and
harbour directions
Harbour revision orders
Byelaws
Licencing
Enforcement
1.3.7 Grampian Regional Council
(Harbours) Order Conformation
Act (1987) and Grampian
Regional Council Harbour
Byelaws (1990)  
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Section Details
1.9.12 Byelaws and directions
adopted in order to
manage identified
marine risks must be
backed by an
appropriate policy on
enforcement; and each
authority should have a
clear policy on
prosecution of those
who breach byelaws
and directions, which is
consistent with the
safety assessment on
which they are based.
Enforcement 1.4 Statement on enforcement: 
Ensure that the Harbour Authority
seeks and adopts appropriate
powers for the effective
enforcement of their regulations
and for setting dues at a level
which adequately funds the
discharge of all their duties.
There is no enforcement policy for harbours.
Non-payment of dues is already covered by
Moray Council enforcement.
The Harbour Authority has not prosecuted an
offender in at least the last eight years. 
There is no enforcement policy for harbours. 
Recommendation
Consider including in the berthing policy a policy on
enforcement and prosecution or, alternatively,
developing a stand-alone policy for enforcement and
prosecution.
2 Accountability of the Duty Holder
2.2 Summary Demonstrating compliance 1.3.1 Port Marine Safety Code
1.4 Duty Holders - Duties, Powers
and Responsibilities
1.5 Responsible Persons - Moray
Harbours
3 Risk Management
Duty holder training was carried out with the
committee in August 2022.
Duty Holders visited harbour office in
September 2022 for development training.
2024 update:
The current committee is predominately the
same as 2022. The HM is going to provide the
Duty Holders with a link to the British Ports
Association DH PMSC training webinar to give
them the opportunity to update themselves on
their duties under the PMSC. 
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SMS / Document Reference Comments Observations
Section Details
2.3 Report Aims and duties
Frequency of publication
Policies and procedures
5.2 Auditing Port Marine Safety reports are presented
quarterly to the Council and available in
committee meeting minutes.
Date of last report: 30 April 2024.
The reports are comprehensive and include:
• Measurement of achievement of SMS.
• Safety objectives.
• Measurement of objectives.
• Future plans.
Date of last Statement of Compliance letter
issued to MCA: March 2021. The MCA are
currently engaged with the full review and
update of the Port Marine Safety Code and
Guide to Good Practice. The MCA have
postponed the requirements for ports to
confirm compliance with the code until the
review and update has been completed and
the delayed compliance exercise will cover the
three-year period 2025-2027. It is anticipated
that confirmation of compliance with the code
will be due in March 2025.
Date of last published commitment to comply
with the PMSC: 30 April 2024. 
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Section Details
2.3 Policies and Procedures Specific policies
General navigation
management
Navigation safety
Environmental protection
Resources
Appendix B. The Moray Council
Procedures
Appendix C. The Moray Council
Health and Safety Policy
Appendix D. Harbours
Environmental Policy
Appendix E.  Drone Policy
9.9 Diving (Harbour Works and
Vessels)
Bunkering procedures are included in as a
checklist in risk assessment 18. 
Buckie Harbour Mooring Manual in place
which is used in conjunction with risk
assessments. 
Diving carried out under PTW system. 
There is a pre-qualification process carried out
by Moray Council Consultancy Section which
checks that relevant standards / qualifications
etc. are complied with by bidders in their
tendering submission. This includes for diving
contractors.
There is a reference in SMS Section 7 to the Marine
Operating Procedures document which was not
available at the audit.
Recommendation
Confirm the existence of the Marine Operating
Procedures document and update SMS Section 7 as
appropriate. 
There is a reference in SMS Section 9.9 to Direct
Services Diving Safety Procedure “Diving Operations
in and around Moray Council Controlled Waters/
Sites/ Installations”. This procedure is not in use.
Recommendation
Remove reference to Direct Services Diving Safety
Procedure from SMS Section 9.9.
2.3 Objectives Measurement 1.5.5 Auditing and reporting
frequency
5 Performance Monitoring
Last audit of SMS 27/2/2023. However, this
was carried out on version 7 of the SMS. The
SMS has reverted back to version 6. 
2.3 Assignment of
functions
Duty holder
Responsibilities
Appointment of Harbour
Master
Authorise pilots
Job descriptions
1.4 Duty Holders - Duties, Powers
and Responsibilities
1.5 Responsible Persons - Moray
Harbours
A full set of operating manuals are available
on the network.
Job descriptions are available for all staff. 
There is a clear statement in the SMS that the
board are collectively and individually the duty
holders. 
Responsibilities, appointment of harbour
master and pilot authorisation processes are
laid out. 
2.3 Designated person Appointing designated
person
1.5.4 Designated Person Marex are appointed as DP since 2015. 
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Section Details
2.3 Operating manuals   There are comprehensive policies covering all
aspects of HSEQ requirements and they are
regularly reviewed.
Navigation management and safety is fully
considered. 
3 Consultation
3.2 Summary Commitment of those
involved.
1.3.9 Consultation Process  
3.3 Forms of consultation Harbour Orders
Byelaws
Pilotage directions
Consultation during risk
assessment
Port Users Committee
Local lighthouse authority
Informal consultation
1.3.9 Consultation Process Formal timetable once a quarter. Cullen,
Findochty, Portknockie, Buckie, Hopeman and
Burghead. Harbour Advisory Committee
meetings twice a year.
Extraordinary meetings held if necessary.
Meetings held with Water Safety Scotland.
Harbour Master has developed the Moray
Safety Group which includes emergency
services and harbour users. Water safety
policy is being progressed.
Consultation regarding new pontoons in
Buckie for CTVs in 2023 (new pontoons
completed in March 2024.)
Consultation with relevant stakeholders
regarding cargo vessel mooring to be carried
out during 2024. 
3.4 Consultation with
Employees, Contractors
or other Related Service
Providers
Employees, contractors,
pilots, stevedores, diving
companies, shipping
companies etc.
3 Risk Management Employee consultation consists of a formal
process carried out with letters to employees
and staff meetings. Regular staff meetings
with regard to safety etc carried out. Monthly
health and safety meetings. 
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Section Details
4 Risk Assessment
4.2 Introduction Consultation 3 Risk Management  
4.3 Risk assessment Definition
Stages
Triggers for RA review
Problem identification
Hazard identification
Risk analysis
Risk matrix
ALARP
Assessment of existing
measures
Risk control
Environmental
consequences
External advice
3 Risk Management
3.5 Procedure
3.10 Generic Review of Hazards
Risk assessment review carried out in 2021.
2024 update:
Risk assessments currently being reviewed
and updated by harbour staff. Expected to be
completed by Q1 2025.
Recommendation
The 2021 risk assessment review contains a number
of observations and as a result, Moray Council should
undertake a review and update of the risk
assessments as appropriate.
4.4 Dynamic risk
assessment
Monitoring Risk Assessment HAR 22  
5 Marine Safety Management System
5.2 Audit and Review Internal audit schedule
External audit schedule
1.5.5 Auditing and reporting
frequency
5 Performance Monitoring
A suggested audit schedule is evident in the
SMS.
Incident investigations are being carried out as
required.
Moray Council is not ISO accredited. 
5.2 Description of Marine
Safety Policy
Organisational roles and
responsibilities
1.4 Duty Holders - Duties, Powers
and Responsibilities
1.5 Responsible Persons - Moray
Harbours  
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5.2 Planning and
implementation of
procedures
Identify procedures
Emergency response
Public protection
Environmental
management
6 Handling of Dangerous Goods
2.1.10.6 SSSI’s
2.2.10.6 SSSI’s
4 Emergency Response
Procedures
Appendix D. Harbours
Environmental Policy
The harbour master maintains a log of all the
drills and exercises carried out (SMS Section
4.3). 
5.2 Measuring performance Incident recording
Near miss
Performance evaluation
Lessons learned
Audit and Review
3 Risk Management
5 Performance Monitoring
13 Incident & Near Miss Reporting
Near miss and incidents are clearly reported.
There were twelve incidents/ near misses since
the last audit. Incident reports are all closed
out. 
6 Emergency Preparedness and Response
6.2 Civil Contingencies Reference to emergency
plans
Civil Contingencies Act
1.3.8 Other Legislation
1.3.9 Consultation Process
4 Emergency Response
Procedures
An emergency plan is in place.
Formal membership of local resilience
partnership.
Membership of Partnership Approach to Water
Safety (PAWS) 
6.3 Dangerous substances COMAH Regs.
DGHAR 2016 Regs.
Fumigants
Explosives 
1.3.8 Other Legislation
6 Handling of Dangerous Goods
Dangerous goods are well covered.
Segregation table included. 
6.4 Dangerous vessels Dangerous Vessels Act
1985
SOSREP
1.3.8 Other Legislation
9.5 Wrecks
There are no wrecks or reported dangerous
vessels in the harbours.
One yacht sunk in Findochty in 2023 and has
since been removed. 
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6.5 Oil pollution Oil Spills and Dangerous
Vessels
Availability of Plan
Risk Assessment
Consultation
Resources
3.10 Generic Review of Hazards
4 Emergency Response
Procedures
Briggs produce the oil response plan which is
available in the harbour office.
Road tanker bunkering. Procedures covered by
fuel providers.
Revision date of oil response plan is July 2017.
2024 update:
Plan is currently in the revision process. 
6.6 Working with other
authorities
Police
Emergency Services
Environment Agency
1.3.9 Consultation Process
4.1 Relevant Emergency
Response Plans
13 Incident & Near Miss Reporting
The harbour maintains contact with other
authorities (police, MCA, etc.) through
resilience partnership.
Currently, drills and exercises are undertaken
only with RNLI and coastguard on an informal
basis.
At the 2023 audit, a recommendation to
approach the fire brigade with regard to
carrying out an exercise/ drill with harbour
staff was rejected and closed because it was
considered not feasible to include local fire
brigade (retained) due to overtime payments. 
2024 update:
There is a plan in place to carry out an exercise
with emergency services including fire brigade,
RNLI, police, etc. 
6.7 Health and Safety Hot work
Cold work
Diving
Enclosed spaces
3.8 Unusual/ Exceptional
Operations
9.9 Diving (Harbour Works and
Vessels)
14 Permit To Work
Diving carried out under PTW system. 
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6.8 Search and Rescue National Plan c/w port plan
/ limits
HM Coastguard
RNLI
RAF / Bristow
4.1 Relevant Emergency
Response Plans
Formal membership of local resilience
partnership. 
6.9 Port Plans Emergency preparedness
Port major incident plan
Oil spill contingency plan
Business continuity plan
4.1 Relevant Emergency
Response Plans 
Buckie Harbour Emergency Plan
Briggs produce the oil response plan which is
available in the harbour office. 
6.10 Port Security ISPS status clearly defined
Port Security Directive
Port facility security plans
7 International Ship and Port
Facility Security Code (ISPS)
The harbour is compliant with ISPS
requirements. 
2024 update:
Moray Council already has a robust
cybersecurity system in place.
ISPS security plan in process of being
rewritten and will include statement of
integration of cyber security. Expected Q1
2025.
There are CCTV cameras in place in Buckie
harbour.
Recommendation
Consider cyber security procedures, either as a
standalone document or to be integrated into the
ISPS security plan, and ensure that there are
emergency procedures in case of an attack. 
There are three CCTV cameras in place in Buckie
harbour. However, these can only be monitored by
the police in Elgin. 
Recommendation
Consider providing in the Buckie harbour office the
facility for harbour staff to monitor the harbour CCTV
cameras as this will increase awareness of any
operational, security or safety issues. 
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7 Conservancy
7.3 Hydrography Position data
Bathymetry
Wrecks, obstructions,
dangers.
Tidal heights and streams
Coastline and Topography
Aids to navigation
Frequency of survey
9 Conservancy Bathymetry, as and when required prior to
dredge, if there are issues developing. 
Harbours dredged as required.
Full harbour and channel survey carried out in
June 2024 for Buckie. Buckie harbour currently
being dredged by Selkie - target depth of 3 m. 
7.4 Promulgation of
information
Navigation warnings
Tidal heights
9.10 Navigational Warnings There is a procedure in the SMS covering
promulgation of information.
Facebook page. Weather, tides. 
Noticeboards. 
Tide table printed for each harbour.
Eight Notices to Mariners issued since last
audit. 
7.5 Dredging Maintenance dredging
Capital dredging
Controls on dredging
Dredging and hydrography
9 Conservancy Dredging is carried out as required utilising the
MV Selkie, the dredger owned and operated
by Moray Council.
Since the last audit, dredging has been
undertaken in Buckie Harbour and Burghead. 
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7.6 Aids to Navigation General lighthouse
authorities
Local lighthouse authorities
Availability criteria
GLA superintendence
Casualties and alterations
10 Aids to Navigation Maintenance of all Aids to Navigation is carried
out by authority staff. 
2024 update: 
A new sector light for Buckie will be installed
which will make the current entrance
lighthouse lights redundant. 
New solar powered lights have been installed
in Burghead and Buckie. Currently the Port
Closed light on the North Pier in Buckie is
unavailable resulting in availability figures
being decreased. This has been discussed with
the Northern Lighthouse Board and they have
noted it is not an urgent requirement as the
light is not mandatory and other provisions to
communicate any port closures are available.
Mucks Light structure is at end of life and has
been through the Asset Management Working
Group (AMWG) gateway. A procurement of
new structure to be installed is underway.
Target date for completion is by end of June
2024. 
7.7 Wrecks Abandoned vessels
Salvage
9.5 Wrecks Occasionally, in smaller harbours, leisure
vessels have been left to deteriorate but this is
not considered an important issue as the
problem boats are ashore. 
Berth holders have to provide insurance cover
£5m. 
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7.8 Regulating Harbour
Works 
9.9 Diving (Harbour Works and
Vessels)
14 Permit to Work
Dive survey on pontoon moorings completed
in 2024 for Findochty. 
Capital maintenance plan in place for major
works. Currently maintenance carried out on
reactive basis. Periodic checks carried out with
a checklist. In the process of setting up a
planned maintenance system which will
include the dredger Selkie, pilot boat, harbours
(e.g. ladders, bollards, pontoons etc).
A number of mooring bollards in Buckie harbour are
marked with a safe working load (SWL) of 20 T.
However, a number of bollards are not marked and
industry guidance [7] states that if the SWL is not
known, a risk assessment to determine a notional
SWL should be undertaken. 
Recommendation
It is recommended that, if the SWL of bollards are
not known, a risk assessment should be carried out
to determine a notional SWL for the bollards as
outlined in the Port Skills and Safety document
SIP005 Guidance on Mooring [7] and the bollards
marked appropriately.
8 Management of Navigation
8.3 Public Right to
Navigate
Open port 1.4 Duty Holders - Duties, Powers
and Responsibilities
There is a clear statement on the right to
navigation. 
8.4 Regulatory Functions Byelaws 1.1 Purpose and Application
1.3.7 Grampian Regional Council
(Harbours) Order Conformation
Act (1987) and Grampian
Regional Council Harbour
Byelaws (1990)
See observation for 1.7 regarding byelaws. 
8.5 Establishing the
Requirement
Local Port Service
VTS
2.1.3 Port Control There is currently no requirement for a VTS.
If traffic patterns change significantly then a
risk assessment will be carried out. 
8.6 Traffic Management Port boundaries
Harbour master powers
Competency
1.5.3 Harbourmaster
2.1.4 Port Limits
Harbour master powers and responsibilities
clearly stated. 
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8.7 Reporting
Requirements 
2.1.3 Port Control Large vessels are required to contact harbour
master prior to arrival. 
8.8 Monitoring and
communicating with
port traffic
Communications
AIS
Port passage plan
2.1.3 Port Control
Appendix A. Passage Planning
Pilotage service is on demand. 
8.9 Master/ pilot exchange Communication 11.5 Pilot/Master Interface  
8.10 Harbour patrols  2.1.3 Port Control There is a workboat in place which carries out
pilot boat duties, survey and other harbour
duties. 
8.11 Recreational navigation  2.1.3 Port Control
2.1.9.3 Recreational Craft
2.3 Recreational Harbours
3 Risk Management
Formal membership of local resilience
partnership.
Harbour Advisory Committees are established
for each of the harbours.
Regattas and galas are held in leisure ports
and are well advertised.
There are coastal rowing groups in the smaller
harbours. 
8.12 Subsea pipelines and
cables  
Cables running ashore from windfarm. Nothing
impeding the harbours. 
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9 Pilotage
9.3 Competent Harbour
Authority 
1.3.3 Pilotage Act 1987 Moray Council is a competent harbour
authority and a local lighthouse authority. 
2024 update:
Version 7 of the SMS was updated with the
recommendations but not approved and the
Council have reverted to SMS version 6, so the
recommendations have been reinstated.
Recommendation
Amend section 1.3.3 to state that Moray Council is a
competent harbour authority. 
The SMS does not refer explicitly to being a local
lighthouse authority.
Recommendation
Consider adding the following statement to SMS
Section 10.1 (Procedures):
“As a competent harbour authority, Moray Council
acts as a local lighthouse authority, and therefore has
responsibility for the provision and proper
maintenance of aids to navigation as necessary, and
effective management of any danger to navigation
from wrecks or obstructions”.
9.4 Bridge Team and Pilot Conduct
Training
Technical aids
Assessment
Support
Reporting
11 Pilotage Arrangements There are no technical aids.
Vessels fill out a Pilot review card and arrival
passage plan. 
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9.5 Providing a service Safety assessment
Pilotage directions
Boarding /landing
arrangements
Authorisation
Training
Assessment
2.1.7 Pilotage
11 Pilotage Arrangements
Buckie offers a pilotage service on demand,
although it is not compulsory for any class of
vessel.
Max vessel size 90 m LOA.
The number of pilotage acts carried out in the
year 2023/24 was 30 out of 106 vessel
movements.
There are three authorised pilots including one
restricted to day time.
No pilots currently under training but the
intention is to offer opportunities to current
harbour staff.
Annual authorisation of pilots carried out
which will verify ongoing competency etc. 
9.6 Pilotage exemption
certificates
Eligibility
Responsibility
Training
Skill, experience, local
knowledge
11.4 Pilotage Exemption
Certificates
As pilotage is not compulsory, there are no
provisions for Pilotage Exemption Certificates 
10 Towage Operations
10.3 Risk assessment and
towage guidelines
Assessment 9.7 Towage Currently there has been no requirement for
towage facilities in Buckie Harbour.
Shipyard tug. 
10.4 Towage types Ship assist
Dead tows
General
9.7 Towage  
10.5 Tugs/ workboat
approval 
9.7 Towage  
10.6 Training  9.7 Towage Risk assessment undertaken. 
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11 Marine Services
11.3 Regulation  11.6 Pilot Boat The Buckie pilot boat is surveyed periodically
by approved consultants for the SWB2
Document of Compliance.
Annual examination: 5 August 2024.
Intermediate examination (out of water):
August 2023.
5-year compliance examination: 30 July 2020. 
11.4 Workboats  11.6 Pilot Boat Workboat in place and all crew trained.
Crew certification up to date - RYA advanced
powerboat and fishing certificates.
Compliance with MGN50. 
11.5 Diving Commercial diving
Recreational diving
5.6 Diving (Harbour Works and
Vessels)
14 Permit To Work
Diving operations are carried out as per the
SMS. 
12 Professional Qualifications
12.6 Harbour Master  1.7 Qualifications and Training  
12.7 Pilot  1.7 Qualifications and Training No pilots currently under training but the
intention is to offer opportunities to current
harbour staff. 
12.9 Marine and LPS
Operatives 
1.7 Qualifications and Training
16 Harbour Staff Training
Requirements
Marine operatives are qualified as per the
training matrix in the SMS.
Log maintained training required and
completed. Training is up to date. 
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13 Accident Investigation
13.1 General Role of Duty Holder
Serious incidents (death,
major injury, pollution,
collision)
Statutory offence
Links with other agencies:
HSE
MAIB
MCA
Police
Investigation
Reporting
Publishing
Learning
13 Incident & Near Miss Reporting There is a comprehensive investigation
procedure.
There should be a statement in the SMS
establishing that, if an offence has been
committed, which authority (e.g. police, MAIB,
MCA HSE) has primacy for any investigation.
Version 7 of the SMS was updated with the
recommendation but not approved and the
Council have reverted to SMS version 6, so the
recommendation has been reinstated.
Recommendation
Consider adding the following statement to SMS
Section 13 (Incident & Near Miss Reporting):
“In certain circumstances the Marine Accident
Investigation Branch (MAIB) or Maritime and
Coastguard Agency (MCA) may become involved in
incident investigation.
The police will take primacy in any investigation
involving death or crime. When someone dies in a
work-related incident or as a result of a navigational
incident, a number of different organisations will
require to work with the police to ensure that the
incident is investigated and that the reasons for the
death are understood. Moray Council will work with
the police to support their investigation where
appropriate.”
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APPENDIX 2
MORAY HARBOURS SAFETY MANAGEMENT SYSTEM PAGE 1 OF 69
ISSUE A REV 07 AUGUST 2022 
HARBOURS 
SAFETY MANAGEMENT
SYSTEM 
Issue Rev Date Purpose Prepared By Checked Approved
A 0 Jan 02 For implementation C J Middleton K Stratton  
A 01 Oct 06 Minor revisions C J Middleton W Mackay
J Mackay
K Stratton
A 02 Dec 07 Revised Burghead launch
procedures
C J Middleton J Mackay K Stratton
A 03 Feb 10 Update Buckie Operating
Constraint 
W Mackay C J Middleton K Stratton
A 04 Apr 12 General review and update C J Middleton W Mackay
J Mackay
K Stratton
A 05 Oct 17 General review and update  D Bremner D Brown N Moss
A 06 Jan 20 Comprehensive review and
update
D Bremner D Brown N Moss
A 07 Oct 24 General review and update D Bremner K McGilly N Moss   
Item 5.
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APPENDIX 2
MORAY HARBOURS SAFETY MANAGEMENT SYSTEM PAGE 2 OF 69
ISSUE A REV 07 AUGUST 2022 
DISTRIBUTION LIST 
COPY NO HOLDER NOTE
1 Buckie Harbourmaster 
2 Burghead Harbour Office 
3 Buckie Harbour Office 
4 Harbour Operation and Development  
5 Transportation Manager  
6 Head of Environmental & Commercial Services 
7 Duty Holder – Members of Economic Development &
Infrastructure Committee
Electronic copy 
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APPENDIX 2
MORAY HARBOURS SAFETY MANAGEMENT SYSTEM PAGE 3 OF 69
ISSUE A REV 07 AUGUST 2022 
TABLE OF CONTENTS 
Page
ABREVIATIONS ............................................................................................................................... 5
CROSS REFERENCE TABLE  ........................................................................................................ 5 
1 INTRODUCTION ........................................................................................................................ 6
1.1 Purpose and Application ...................................................................................................... 6
1.2 Policy Statement .................................................................................................................. 6
1.3 Applicable Codes and Regulations .................................................................................. 6 - 8
1.4 Duties Holders - Duties, Powers and Responsibilities.......................................................... 9
1.5 Responsible Persons - Moray Harbours ........................................................................ 9 - 10
1.6 Organisation Chart ............................................................................................................. 11
1.7 Qualifications and Training ................................................................................................ 12
1.8 Document control procedures………………………….……......................................................... 13
1.9 Review and Revision .......................................................................................................... 13
2 OVERVIEW OF THE HARBOURS .............................................................................................. 14
2.1 Buckie .......................................................................................................................... 14 - 18
2.2 Burghead ..................................................................................................................... 18 - 21
2.3 Recreational Harbours ....................................................................................................... 22
2.4 Principal Hazards ................................................................................................................ 23
3 RISK MANAGEMENT............................................................................................................... 24
3.1 Introduction ....................................................................................................................... 24
3.2 Purpose .............................................................................................................................. 24
3.3   Scope .................................................................................................................................. 24
3.4   Responsibilities ................................................................................................................... 25
3.5   Procedure .................................................................................................................... 25 - 26
3.6   Definitions .......................................................................................................................... 26 
3.7   Toolbox Talks ............................................................................................................... 26 - 27
3.8 Unusual/Exeptional Operations ......................................................................................... 27
3.9   Contractor Compliance………………………………....………………………………………………………………27
3.10 Generic Review Of Hazards…………………………………..………………………………………….…….27 - 28
4 EMERGENCY RESPONSE PROCEDURES .................................................................................. 29
4.1 Relevant Emergency Response Plans ................................................................................. 29
Working in Partnership ………………………………………………………………………………………………..29
Emergency Planning in Moray ……………………………………………………………………………………..29
Oil Pollution Arrangements…………………………………………………………………………………………..29
4.2 Review and Updates .......................................................................................................... 29
4.3 Exercises and Drills ............................................................................................................. 30
5 PERFORMANCE MONITORING ............................................................................................... 31
5.1 Periodic Review and Reporting………………………………………………………………………………………31
5.2 Auditing .............................................................................................................................. 31
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ISSUE A REV 07 AUGUST 2022 
6     HANDLING OF DANGEROUS GOODS ……………………………………………………………………….………… 32
7     ISPS CODE……………………………………………………………………………………………………………………………33
8    PORT WASTE RECEPTION FACILITIES…………………………………………………………………………………….34
9    CONSERVANCY……………………………………………………………………………………………………………...34 - 38
10   AIDS TO NAVIGATION…………………………………………………………………………………………………..39 - 40
11   PILOTAGE ARRANGEMENTS………………………………………………………………………………………….41 - 43
12   OTHER HARBOUR CRAFT…………………………………………………………………………………………..…………44
13   INCIDENT & NEAR MISS REPORTING ……………………………………………………………………………………45 
Incident reporting Procedure Flowchart…………………………………………………………………………46 
Introduction……………………………………………………………………………………………………………………47 
Purpose. ...........................................................................................................................   47
Scope .................................................................................................................................. 47 
Responsibiliities ................................................................................................................. 48 
Procedure ...................................................................................................................... 48-49 
Internal Incident Reporting .......................................................................................... 49 -50 
RIDDOR and other agencies ............................................................................................... 50 
Record Keeping ........................................................................................................... 50 - 51 
Investigations .......................................................... ……………………………………………………….51      
Definitions….…………………………………………..………………………………………………………………51 -52     
Incident and Near Miss Summary………………………………………………………………………………...52
14 PERMIT TO WORK ………………………………………..……………………………………………………………..53
Introduction ………………………………………………………………………………………………………………..53
Scope ………………………………………………………………………………………………………………………….53
Responsibilities …………………………………………………………………………………………………………..54
Work which requires a permit……………………………………………………………………………………..54
Work which does not noramlly require a permit………………………………………………………….55
Authorisation ………………………………………………………………………………………………………………55 
Planning ………………………………………………………………………………………………………………………55
Identification and tracking of forms ………………………………………………………………………55 -56
Changes to permit ……………………………………………………………………………………………………….56
Validity ………………………………………………………………………………………………………………………..56
Suspending a permit ……………………………………………………………….………………………….……….56 
Lock, tag, and try ……………………………………………………………………………………………….…56 - 57
Permit form completion ………………………………………………………………………………………………57
Copy of a permit ………………………………………………………………………………………………………….58
15   RECREATIONAL ACTIVITIES………………………………………………………………………………………………….59
APPENDICES 
A PASSAGE PLANNING………………………………………………………………………………………………………..…60
1 Buckie ……………………………………………………………………………………………………………………………60
2 Burghead ……………………………………………………………………………………………………………………….60
B MORAY COUNCIL PROCEDURES……….……..………………..……………………………………….……......61
C MORAY COUNCIL HEALTH AND SAFETY POLICY…………………………………………………..….62 - 63
D HARBOURS ENVIRONMENTAL POLICY……………………………………………………………………………64
E DRONE POLICY……………………………………………………………………………………………………………….65
F EMERGENCY CONTACT DETAILS……….……..…………………………………………………………………….66
G            HANDLING OF DANGEROUS GOODS ……………………………………………………………………………..67
H            COMPETENCY ASSESSMENT ………………………………………………………………………………………….68
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ISSUE A REV 07 AUGUST 2022 
Cross reference table 
Port Marine Safety Code-
section name
PMSC – Subject Heading PMSC Paragraph
Reference
Moray Council SMS
Document Reference
Background Harbour Authority  MC HSMS
1. Accountability for
marine safety
Accountability 1.1-.2 MC HSMS 
Duties and powers 1.3-1.5 MC HSMS 
The Duty Holder 1.6-1.10 MC HSMS page 9 
The Designated Person 1.11-1.12 MC HSMS 
Chief Executive or equivalent 1.13 MC HSMS 
Harbour Master  1.14 -1.15 MC HSMS 
The authorities officers 1.16 -1.17 MC HSMS
2. Key measures to
secure marine safety 
Key measures 2.1-2.2 MC HSMS 
Review existing powers 2.3-2.6 MC HSMS 
Use formal risk assessment 2.7-2.11 MC HSMS 
Implement a marine safety
management system
2.12-2.17 MC HSMS 
Competence standards 2.18 MC HSMS 
Incident reporting and
investigation 
2.19-2.23 MC HSMS 
Monitoring performance and
auditing
2.24 MC HSMS 
Enforcement 2.25 MC HSMS 
Publication of plans and reports 2.26 MC HSMS 
Consensus  2.29 MC HSMS 
Monitoring compliance 2.30-2.31 MC HSMS
3. General Duties and
Powers
General duties and powers  3.1-3.3 MC HSMS 
Safe and efficient port marine
operations
3.4 MC HSMS 
Open port duty  3.5 MC HSMS 
Conservancy duty 3.6-3.7 MC HSMS 
Environmental duty 3.8 MC HSMS 
Civil contingencies duty 3.9 MC HSMS 
Harbour authority powers 3.10-3.11 MC HSMS 
Revising duties and powers 3.12-3.14 MC HSMS
4. Specific Duties and
Powers
Specific duties and powers  4.1 MC HSMS 
Appointment of harbour master 4.2 MC HSMS 
Byelaws 4.3-4.4 MC HSMS 
Directions (special) 4.6-4.7 MC HSMS 
Directions (general) 4.8-4.9 MC HSMS 
Dangerous vessel directions 4.10 MC HSMS 
Pilotage and pilotage directions 4.11-4.12 MC HSMS 
Authorisations of pilots 4.13-4.14 MC HSMS 
Pilot exemption certificates 4.15-4.16 MC HSMS 
Collecting dues 4.17-4.20 MC HSMS 
Aids to navigation 4.21-4.24 MC HSMS 
Wrecks and abandoned vessels 4.25-4.32 MC HSMS    
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ISSUE A REV 07 AUGUST 2022 
1.0 INTRODUCTION 
1.1 Purpose and Application 
This document demonstrates Moray Council’s commitment to operate its Harbours in a safe and
environmentally sound manner to the benefit of staff, vessels and their crews, users and the
community at large.  It endeavours to reduce risks arising from the day to day operations to a
level as low as reasonably practicable and gives guidance to staff and others involved in
operations on best practice to achieve safe and efficient use of the Harbours, their approaches
and environs. 
It applies variously to all persons, vessels and craft using, providing services to or otherwise
involved with commercial activities on waterways within the various harbour limits.  It applies to
the all areas and quaysides within the harbour limits, defined in the Byelaws and as shown in
the Directory of North-East Council Harbours and to other areas over which Moray Council, as
the harbour authority, may have jurisdiction from time to time.   
1.2 Policy Statement 
Moray Council recognises its continuing responsibility to provide a healthy and safe working
environment. Hence, they implement policies in line with provisions of the Health & Safety at
Work Act 1974 and the Department for Transport (DfT) Port Marine Safety Code, 2016.  Moray
Council will: 
• Carry out harbour and associated marine operations, in a manner which minimises
effects on the environment and the community and which protects the safety and health
of: employees; users; others with business in the harbour areas; the general public;
• Operate wherever practical to at least the standards required by law and regulation
whilst meeting the changing needs of marine users.
• Maximise the quality and value for money of its services
• Ensure that employees perform their duties in a manner consistent with these principles
and recognise, that the duty holder is ultimately responsible for meeting the standard
the code requires.  
1.3 Applicable Codes and Regulations 
Below is a summary of the more relevant legislation.  Individual documents should be consulted
for detailed requirements and obligations. 
1.3.1 Port Marine Safety Code 
The Port Marine Safety Code 2016 sets standards for the operation of UK Ports.  It codifies
Duties and Responsibilities of harbour authorities and requires that ports be operated on the
basis of Risk Assessment and a Safety Management System. 
The PMSC is complimentary to Health & Safety legislation discussed below.  In broad terms,
the interface is at the quayside. 
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Harbour operations should meet the standards of the associated Guide to Good Practice on
Port Marine Operations – Prepared in Conjunction with The Port Marine Safety Code, issued
February 2018.   
1.3.2 Health and Safety at Work Act (HSWA) and Regulations. 
The Health & Safety at Work Act 1974 and other health & safety legislation applies to dock
operations including the loading and unloading of UK and foreign flag vessels at UK ports and to
the handling of dangerous substances in ports and harbours.  It does not apply to normal
shipboard activities carried out by the master and crew of vessels but does form an interface
with the Merchant Shipping (Health and Safety at Work) regs 1997.  Port users including
fishermen and fish sellers have a responsibility to comply.  Harbour staff must abide by its
provisions. 
1.3.3 Pilotage Act 1987 
This legislation addresses Competent Harbour Authorities, Pilotage Districts and other pilotage
arrangements.   It facilitates overall administration of the pilotage service at Buckie although
Moray is a Competent Harbour Authority within the meaning of the Act 
1.3.4 Docks Regulations 1988 and Approved Code of Practice 
Specific to quayside work, generally the responsibility of the port users.  Harbour staff have an
oversight duty to ensure safe practices within the Harbour Area and should have a general
knowledge of the regulations. 
1.3.5  International Ship and Port Facility Security Code (ISPS) 2004 
Applies to commercial harbours handling vessels on international voyages, in the case of Moray
Harbours, to Buckie only.  Requires an approved Security Plan, appointment of Port Facility
Security Officers, arrival reports on security status and control of access to international vessels. 
Buckie complies in these respects. 
1.3.6  Port Waste Facilities Management Regulations 2003 
Requires the reporting and recording of the landing of waste by ships and the provision of
appropriate facilities by harbour authorities.  The purpose is to eradicate the dumping of waste
at sea. 
1.3.7 Grampian Regional Council (Harbours) Order Conformation Act (1987) and
Grampian Regional Council Harbour Byelaws (1990) 
The Grampian Regional (Harbours) Order Conformation Act is the legal document under which
the harbours are run.  The purpose of the order is to allow for better provision for the
administration, improvement and regulation of the 6 Moray harbours.  It also allows the harbours
to create byelaws to further aid these goals. 
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1.3.8  Other Legislation 
The authority has obligations under the following legislation, some of which include express
planning duties: 
▪ Dangerous Substances in Harbour Areas Regulations 1987
▪ Dangerous Goods in Harbour Areas Regulations 2016
▪ Control of Major Accident Hazard Regulations 
▪ Merchant Shipping (Oil Pollution Preparedness Response & Cooperation
Convention) Regulations 1998
▪ Merchant Shipping Act 1995
▪ Merchant Shipping (Prevention of Oil Pollution) Regulations 1996
▪ Dangerous Vessels Act 1985
▪ SOSREP – Sections 151 and 293 of MS Act 1995 and as amended by MS and
Maritime Security Act 1997 
▪ Merchant Shipping (Dangerous Goods & Marine Pollutants) Regulations 1990
▪ Merchant Shipping (Prevention of Pollution by Garbage) Regulations 1998
▪ Merchant Shipping (Port Waste Reception Facilities) Regulations 1997
▪ Aviation & Maritime Security Act 1990
▪ Civil Contingencies Act 2004. 
A full list of relevant legislation is appended to the Guide to Good Practice on Port Marine
Operations.   
1.3.9  Consultation Process 
Moray Council Harbour Authority’s Safety Management System has been developed through a
combination of the harbour teams experience and most importantly through risk assessment
and consultation.  Consultation is an ongoing process which is principally achieved through the
Harbour Advisory Committees (HACs). 
HACs are established for each of the harbours to provide the Authority with a ready means for
consulting with users and the local community.  The committees meet approximately 4 times a
year at intervals chosen by the committee.  Membership is drawn from users, various clubs
associated with the harbour and community councils.  Each Harbour Advisory Committee has
its own constitution. 
The following groups and organisations are involved with the HAC.
• Moray Council Harbour Team
• Shipping Companies
• Shipping Agents
• Stevedoring Services
• Fishing industry
• Fish Selling Agents
• Forsyths, smaller manufacturing companies and other relevant commercial enterprises
• Macduff Shipyard and other marine services
• Recreational Users
• 3 Harbours Association
• Findochty Water Sports Club 
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Updates are given on various projects, and views sought on a variety of topics.  This gives the
harbour team an opportunity to consult harbour users on a range of subjects, including aspects
of this SMS. 
Some subjects require more detailed harbour user input. On these occasions, email or post is
used to consult all harbour users. 
The Harbours Team remain in contact with the emergency services i.e. Police Scotland, RNLI,
Coastguard (please refer to contents lists on page at the rear of this document) 
1.4 Duty Holders – Duties, Powers and Responsibilities 
The Port Marine Safety Code defines the Duty Holder for a harbour authority as the Board of
Management.    In the case of local authority harbours the “Board” is the responsible council
committee (See Organisational Chart).  In the case of Moray Council the position of Duty Holder
is the Economic Development and Infrastructure Committee (ED&I). They remain publicly
accountable for the proper operation of the harbour(s).   
Harbour authorities may entrust the operation of the harbour to professional people but board
members are accountable and may not abdicate that accountability on the grounds that they do
not have particular skills.  They retain strategic oversight and direction of all aspects of harbour
operations.  They must ensure that powers are discharged but not exceeded. 
Duties of a harbour authority include: 
▪ To take reasonable care that, so long as the harbours are open for public use, that all
who choose to navigate them may do so without danger to their lives or property;
▪ An obligation to conserve and facilitate the safe use of the harbours and a duty of care
against loss caused by the authority’s negligence.
▪ Developing policies, plans, systems and procedures for safe navigation
▪ Ensuring assessments and reviews are undertaken as required to maintain and improve
marine safety
▪ Ensure that the Harbour Authority seeks and adopts appropriate powers for the effective
enforcement of their regulations and for setting dues at a level which adequately funds
the discharge of all their duties. 
The authority has the power to appoint Harbourmasters who in turn have powers to direct the
operations of the ports so that they are carried out safely.  They may also authorise pilots.   
Board members will make the time to gain an appropriate insight and understanding of the
port’s marine activities, marine safety management system and supporting systems. 
The duties and responsibilities of harbour authorities are set out more fully in the Port Marine
Safety Code. 
1.5 Responsible Persons – Moray Harbours 
1.5.1 Duty Holder 
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The Economic Development & Infrastructure Committee (ED&I), Moray Council is delegated as
the Duty Holder.  See section 1.4 for more details on role. 
1.5.2      Head of Environmental & Commercial Services 
The Head of Environmental & Commercial Services is responsible and accountable to the board
for operational and financial control of the harbour authority.  They advise the board on their
powers and duties with input from the Harbourmaster and other officers; they oversee
implementation of policy and decisions, has executive responsibility for safety of operations and
staffing, oversees recruitment and training.   
1.5.3       Harbourmaster 
Harbourmasters are appointed by the Duty Holder, they are responsible for the safety of
navigation in the various harbours and for exercising the authority’s powers in the ports and
their approaches.  Individually and via any staff, they are responsible for implementing powers
of direction both general and local. 
The Harbourmaster:
• Has powers of direction to regulate the time and manner of ships entry to, departure
from and movement within the harbour waters, and related marine safety purposes.
• Ensures co-ordination and regulation of all vessels within the harbour and its
approaches.  He/She is also responsible for developing and implementing emergency
plans and procedures, for regulating dangerous goods in transit on ships and for
counter-pollution and waste disposal plans
• Has overall responsibility for the provision and maintenance of an aids to navigation 
The Harbourmaster is based at Buckie and is responsible for the commercial, operational and
safety management of the all 6 Moray harbours.  There are two Assistant Harbourmasters – one
who deals with the leisure harbours and one who is focussed on the commercial harbours of
Buckie and Burghead.  The Harbourmaster supervises the other harbour staff and advises the
Head of Environmental and Commercial Services on harbour issues.   
1.5.4 Designated Person 
The Harbour Authority appoints a suitably qualified person to act as the Designated Person. 
This person’s function is to provide the Duty Holder with independent assurance that the
Harbour Safety Management System is working effectively and to audit compliance with the
Port Marine Safety Code. 
The Designated Person is appointed by the Head of Environmental & Commercial Services. 
He/she reports periodically on the operation of the SMS to the Head of Environmental &
Commercial Services and thence to The Economic Development and Infrastructure Committee
(ED&I).  This role is currently fulfilled by Marex Marine. 
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1.6 Organisation Chart 
DESIGNATED PERSON
MORAY COUNCIL
Duty Holder
r    Economic Development 
and Infrastructure 
Committee  ED    I   
The Board  
Head of Service
Environmental and 
Commercial Services 
Chief Executive  
Transportation Manager
Harbours Development 
and Operations Manager
Moray Harbourmaster
Harbour Advisory 
Committees
Commercial Vessels  & 
Agents
Fishing Vessels
Recreational Users
Shipyard and Fabricators
Other users
General Public
Assistant Harbourmaster 
x  2  
Harbour Assistant 
X  7
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1.7 Qualifications and Training 
The Moray Council maintains qualifications and training standards appropriate to the duties and
responsibilities of all personnel.  In the case of the Harbourmasters and harbour staff, these
include appropriate marine qualifications and experience.  The Harbourmaster, Harbours
Development and Operations Manager and Transportation Manager will set out the required
training. 
In house training is completed on subjects such as the Mooring Manual or emergency response. 
There is also a training package for pilots and coxswains to complete which is in line with the
training the National Occupational Standards and The Embarkation and Disembarkation of
Pilots Code of Safe Practice 2017. 
An electronic personnel training file is maintained at the Harbour Office for each person and with
the HR department in Elgin. Further training required will be scheduled or booked for the
person.   
HARBOUR STAFF TRAINING REQUIREMENTS 
Staff PFSO Oil
Spill
Resp
First
Aid
(RYA)
Boat
man
(min)
Small
Craft 
VHF
Radio
Risk
Assess’t
&
Safety
Aware’s
Working
in or
near
Water
Manual
Handling
HM -
Buckie
X X X X  X X X X
Assistant 
HM – 
Commercial
X X X X  X X X X
Assistant 
HM – 
Leisure
X X X X  X X X X
Harbour
Assistant -
Buckie  
X X  X  X X 
In addition all harbour operational staff must have a valid ENG1 (medical fitness certificate). 
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1.8    Document Control Procedures 
The Harbours Development and Operations Manager will issue numbered, controlled copies of
this document to essential users as listed on page 2.  They will initiate any required
amendments to this document and issue these amendments to registered holders.  Any
uncontrolled copies are only valid at time of issue for a specific operation.  Holders should check
with the local Harbourmaster to obtain updates. 
1.9        Review and Revision 
This document will be reviewed at regular intervals to ensure it remains current.   An interim
review will take place if there has been a significant change to operating parameters, legislation
or other matters addressed in the document.   The document will be reviewed yearly. 
The Harbours Development and Operations Manager is responsible for initiating and
implementing reviews. 
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2 OVERVIEW OF THE HARBOURS 
2.1 Buckie 
2.1.1 Location and Layout 
The Harbour is in position 56º 41’N, 02º 57’W, on the southern shore of the Moray Firth.  It
contains 4 basins with quays. Normally, vessels up to 87 metres LOA and 15 metres beam can
be handled.    The basins are protected by the North Pier and a narrow NW-facing entrance. 
No1 Basin and the North Pier are used for cargo vessels loading/discharging bulk cargoes and
fabricated items, Basins 2 & 3 for fishing vessels and the Buckie Shipyard is in Basin No 4. 
Recreational craft and recreational fishing vessels are normally berthed in Basins 3 or 4. 
2.1.2 Operating Constraints 
Principal operating constraints are:
▪ Maximum LOA   90  metres
▪ Maximum beam    15  metres
▪ Maximum draft   4.5 metres (5.0 m on bigger tides to be discussed with
the Harbourmaster and subject to risk assessment) 
GREEN AMBER RED 
Vessels 0 ≥ 70 metres LOA  Vessels 70 -80 metres LOA  Vessels ≥ 80 metres LOA
• Max draft 4.5 metres
• Max beam 15 metres
• Max draft 4.5 Metres
• Max beam 15 Metres
• Must have operational
bow thruster
• Max draft 4.5 Metres
• Max beam 15 Metres
• Operational Bow
thruster
• Wind strength ≤ Force 4
• Entry prohibited if
significant sea/swell
from north or north-
east
• Visibility at least 1 mile
• Minimum 72 hours’
notice of arrival to
sufficiently clear No 1
Basin of other vessels
NOTE:
In Northerly winds of force 5 or greater and/or in visibility less than 0.5 NM, the harbour is likely to be
closed at Harbourmasters discretion. 
Vessels which do not meet the above parameters will be subject to prior Risk Assessment
involving Harbourmaster/Pilot and Master.  Constraints may include limitations on manoeuvring
timings relative to tide and daylight hour movements. 
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Vessels of exceptional size, configuration or draft, bound to or from the shipyard are subject to
an Unusual Event Risk Assessment.  Vessels with high wind age deck loads or other
characteristics which adversely affect manoeuvrability are also subject to Unusual Event Risk
Assessment.   
In all cases, the Harbourmaster should be consulted. 
2.1.3 Port Control 
Vessels entering and leaving Buckie are controlled by VHF radio – Ch 16 calling, Ch 12
working.  Approaching vessels have priority over those departing.   
The harbour office and VHF radio are manned 24 hours per day.  The duty Watchman carries a
portable radio when temporarily away from the harbour office to allow communication with
vessels moving in the harbour. 
Vessels departing or moving through the harbour will get permission from port control before
letting go of any ropes. 
Port closure due to bad weather is signalled by three vertical red lights at the entrance. 
2.1.4  Port Limits 
Port limits are specified in the Schedule to Grampian Regional Council Harbours Byelaws 1990
and the Grampian Regional Council (Harbours) Order Conformation Act 1987.  In broad terms
harbour limits extend approximately 1,000 metres north, west and east of the harbour entrance. 
2.1.5    Approaches 
The approach to Buckie Harbour is relatively open from the north-west until passing The Mucks
– rocky shoals about 0.25 nautical miles north of the entrance.  The approach is covered by the
white sector of the shore light.  This, in line with the Occ (occulting) R (Red) Pierhead light
provides a clearing line of 125º/305º, west of The Mucks.  West Muck is marked by a light
beacon.   Buckie pilots recommend using the FR (Fixed Red) and Occ R lights on the North Pier
as a lead.  Red and green lights mark the extremities of the piers in the entrance.   
2.1.6 Anchorages 
There is an anchorage, for vessels able to use Buckie, one nautical mile North West of the
harbour entrance, clear of The Mucks, in depths of > 10 metres.   Harbourmaster’s advice
should be taken before anchoring.  The anchorage is not recommended in northerly gales. 
2.1.7 Pilotage 
Buckie offers a pilotage service on demand, although it is not compulsory for any class of
vessel.  There are authorised pilots: the Assistant Harbourmaster and/or Harbour Assistants. 
Commercial vessels should request a pilot on arrival and departure, if unfamiliar with the port
and for sailing if required.   
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The high speed pilot Boat allows boarding seaward of The Mucks.  The normal boarding area is
about one nautical mile north-north-west of the harbour entrance 
The Boat is manned by harbour staff.   
2.1.8 Controlling Depths and Drafts       
A minimum keel clearance of 1 metre in the channel is recommended, subject to weather. 
The minimum depth below datum in the entrance channel is normally maintained at about 3
metres.  A depth of some 2.5 metres below datum is available in basins 1, 2, 3.  In basin No 4
the entrance depth of 2.0 metres shelves towards the shipyard slipways.    Rise of tide varies
between 3.2 metres at Neaps and 4.4 metres at Springs. 
The controlling depth is over the bank at the entrance.  Vessels up to 4.5 metres draft can be
handled on all tides; up to 5 metres draft on larger tides subject to risk assessment, if in doubt
ask the Harbourmaster or staff for advice.  Throughout the harbour vessels deeper than 2.5 – 3
metres take the ground at Low Water.  Deep drafted vessels bound for the shipyard are subject
to special arrangements and agreement between the Harbourmaster and Macduff Shipyards
management.  In case of disagreement, the Harbourmaster’s view prevails. 
The harbour entrance and bed are soft but silt up regularly.  Debris can be a problem,
particularly abandoned/lost tyres and various plastics (bottles, bags etc.).  The pilot Boat carries
out regular surveys. 
For all vessels with draft greater than 4.0 metres, the tide tables and latest channel survey must
be checked by harbour staff. 
Draft of deep drafted vessels sailing from the harbour must be checked by harbour staff to
confirm sufficient depth of water in the channel at time of exit. 
Vessels with draft deeper than about 2.5 metres in the harbour, take the ground at low water.
2.1.9 Traffic and Trade 
2.1.9.1 Commercial Traffic 
Approximately 50 cargo vessels per year are handled at Buckie.  Cargoes include bulk
products, specialised loadouts of large or heavy items fabricated locally and occasional
shipments of timber.   Basin No 1 is generally kept clear for cargo vessels. 
A variety of fishing boats, tugs, ferries and workboats are built and/or repaired at the Macduff
Shipyards buildings at the east end of the harbour.  Boats are lifted on one of 3 purpose built
boat lifters/slip ways and transferred to the work areas
Buckie harbour is operated as a temporary storage facility complying with the relevant UK
government requirements. The port utilises MCA approved software to monitor track and
authorise movements of cargo in compliance with the UK customs and Border force
requirements. 
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Shipping agents should liaise with Harbourmaster to ensure all relevant documentation is
completed prior to vessels departing port of origin before passage to Buckie. 
2.1.9.2  Fishing Vessels 
There are a number of fishing vessels over 10m which operate from Buckie year round -
although the number varies, it is on average 10 vessels. There are a smaller number of creel
boats. 
2.1.9.3 Recreational Craft 
A small number of recreational craft are based at Buckie including small passenger vessels.  30
– 60 passing yachts call at the harbour annually.     
Recreational craft and the creel boats are normally berthed in Basin No 4.   
An RNLI lifeboat is based in basin 4 at Buckie Harbour.  The RNLI have provided the harbour
with a pager, this allows the harbours team time to prepare for anything that may be required. 
The RNLI follow all the same procedures for entry/exit from the harbour as all other vessels,
however, their movements will take priority. 
2.1.10 Tides 
Rise of tide above datum is approx 4.4 metres at Springs and 3.2 metres at Neaps.  This allows
vessels up to 5.0 metres draft and exceptionally 6.0 metres to be handled.  Deep vessels take
the ground at low tide. 
Tidal heights are observed on the tide gauge and stonework of the North Pier. 
2.1.11 Currents 
Tidal streams along the Moray coast run generally east-west and do not exceed 0.6 knots. 
Currents are not significant when navigating into or out of Buckie. 
2.1.11.1 Wind and Wave 
Northerly gales and resultant swell make the entrance difficult and larger vessels are restricted
in those conditions.  Buckie is closed to vessels > 80 metres LOA in winds over Force 4 and/or
heavy swell from northerly or north-easterly directions.  It is closed to all vessels in winds over
Force 5.  Three vertical red lights indicate that the port is closed. 
2.1.11.2 Visibility 
When visibility is or is forecast between 1.0 and 0.5 NM, Pilot/Duty Harbourmaster and vessel
Master will review whether it is safe for a commercial vessel to enter or leave harbour. The
Harbourmaster’s view will prevail in case of disagreement.  Entry/departure is not recommended
in poor visibility unless vessel has operating radar with short range settings. 
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If visibility reduces to < 0.5 NM, movements in and out of the Buckie harbour is not
recommended except for fishing vessels and recreational craft with good local knowledge.   If
visibility falls below 50 metres, movements in/out and within either Buckie or Burghead
harbours, is not recommended.   
2.1.11.3 Ice 
Icing may occur within the harbour in extreme conditions, particularly in Basin No 4.  It may
cause problems for small craft. 
2.1.11.4 Environmental factors and SSSIs 
The entire Moray Coast is an environmentally sensitive area including: Special Areas of
Conservation (SAC), SSSIs and Special Protection Areas (SPA).  This is due to the resident
and visiting cetacean populations and a number of visiting and resident birds of European
Importance.   The sensitive areas are covered in detail in the Moray Coastal Pollution Plan.   
2.1.12     Navigation Aids 
Following aids are in use: 
• Light beacon on West Mucks rocks, north of the harbour
• Sector light behind the harbour which, in line with pier head occulting red light
provides a clearing line 125º/305º west of The Mucks; green sector marks the rocks
to the west of the entrance
• Fixed red and green lights marks the extremities of the piers at the entrance.  
Further information is in Section 10 (Aids to Navigation). 
The navigation aids are maintained by Moray Council staff.  West Mucks light beacon is solar
powered and the remainder by mains power.  All the aids conform with the criteria in the NLB
document “Instructions on the Provision and Maintenance of Aids to Navigation”. 
2.1.13 Deficient Vessels 
Based on Incident & Near Miss Reports the Harbourmasters keep a record in their logbooks of
vessels which, due to deficient performance, crewing or equipment increase the hazards of the
port or are otherwise unsuitable.  The harbourmasters will take appropriate steps to restrict the
operations of such vessels pending modifications or improvements.   Actions taken will be
recorded in the logbook. 
The Harbourmasters have powers to issue Special Directions in respect of specific vessels or
groups of vessels restricting their activities or requiring special provisions whenever such
vessels use the ports.  Such Directions may include lightening, restrictions to daylight or certain
states of wind and/or tide – in extreme cases prohibition from the port. 
2.2 Burghead 
2.2.11 Location and Layout 
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Burghead Harbour is located at 57º 42’ N, 03º 29’ W on the southern shore of the Moray Firth. 
The entrance faces SSW and is exposed to SW winds.  
The harbour consists of: 
▪ the entrance some 18 metres wide
▪ a spend and turning basin
▪ an inner basin, some 200 metres long with quays either side with widths varying
between 40 and 24 metres. 
2.2.12   Operating Constraints 
Draft is the principal constraint, although beam and length are also relevant, on which the
Harbourmaster should be consulted.  Draft is limited to the rise of tide less an allowance
depending upon the size of the vessel.  Rise of tide is some 3.3 metres at high water Neaps and
4.4 metres at Springs.  
The entrance channel is subject to silting depending on the weather and season.  There is a
channel suitable for fishing and recreational vessels with a minimum depth at about chart datum
along the North Pier.  Maximum draft of about 3.8 metres can be accepted at Spring tides and
2.7 metres at Neaps.  Any larger vessel movements should be planned on the basis of rise of
tide less 0.6 metres, in consultation with the Harbourmaster.  Depths between chart datum and
0.6 metres below datum are available in the Inner Basin.  Deeper vessels take the ground at low
water. 
The Harbourmaster at Buckie should be consulted for available depths. 
2.2.13 Port Control 
There is no port control at Burghead, vessel operators make their own weather decisions based
upon local knowledge.  When larger vessels use the port they should contact the
Harbourmaster at Buckie by telephone to discuss the operation. 
Apart from such larger vessels, whose arrival is planned in advance, there is no active control
over navigation into and within the harbour.  The Harbourmaster visits the harbour daily and
maintains contact with users, allocating berths, dealing with any queries or problems which
occur.  Berths are arranged for regular vessels according to needs, priorities and availability. 
Space is normally available for visiting yachts, berth usage by recreational vessels is policed as
necessary. 
2.2.14 Port Limits 
Port limits are specified in the Schedule to Grampian Regional Council Harbours Byelaws 1990
and the Grampian Regional Council (Harbours) Order Conformation Act 1987.  In broad terms
harbour limits extend approximately 500 metres south, west and north of the harbour entrance. 
2.2.15 Approaches 
Approach is from west-north-westerly directions towards the beacon passing close south of the
pier head where the harbour entrance opens.  From here, depths shoal rapidly eastwards to
where they dry out.   The actual alignment of the channel varies with silting, recent weather and
the season.  Local advice should be sought if depths are critical.   Once past the North Pier
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beacon, the channel remains close to the pier and through the narrow entrance.  A 90º turn is
required on entering the spend basin. 
2.2.16     Anchorages 
Anchorage in depths > 10 metres is available 0.5 to 1.0 miles West of the pier head. Holding
ground is good. The anchorage is used principally by vessels which are bound elsewhere than
Burghead.  It not recommended when gales from between west and north are forecast. 
2.2.17   Pilotage at Burghead 
There is no Pilotage available for vessels entering Burghead. 
The Harbourmaster is based at Buckie Harbour, they will give advice on harbour entry and exit
by radio or telephone if requested. 
2.2.18 Controlling Depths and Drafts 
Depth in the entrance is maintained to about chart datum.  Rise of tide is between 3.3 metres at
high water Neaps and 4.4 metres at Springs.  Hence the controlling depth is the rise of tide plus
an allowance to give a bottom clearance in the entrance of at least 0.6 metres.  Lesser
clearances can be accepted for small vessels.   Within the basin depths between chart datum
and 0.6 metres below datum are generally available.  Deeper vessels take the ground – soft silt,
at low water.  In all cases, for advice on available depths, the Harbourmaster should be
consulted. 
2.2.19 Traffic and Trade 
2.2.19.1 Commercial Traffic 
There is no commercial trade to Burghead, the last cargo vessel having called in September
1999.   
2.2.19.2 Fishing Vessels 
Up to 30 fishing vessels operate from Burghead year round and this increases during the
summer.  They catch prawns primarily but often move to squid during the summer and land
locally.    The authority prioritises facilities for fishing vessels.  There are other suitable harbours
nearby which offer extensive facilities for recreational craft. 
2.2.19.3 Recreational Craft 
There are about 15 locally based boats: part-time creel boats, yachts and launches.  A variety of
recreational craft use the harbour including about 30 visiting yachts per year.   
2.2.20 Environmental Factors 
2.2.20.1 Tides 
Rise of tide varies between 3.3 metres at Neaps and 4.4 at Springs. 
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Painted boards form a tide gauge within the harbour. 
2.2.20.2 Currents 
Tidal streams along the Moray Coast generally run east-west and do not exceed 0.6 knots at
Springs.  Tidal currents are not a significant factor in operation of the port. 
2.2.20.3 Wind and Wave 
The entrance to Burghead faces just west of south and hence is sheltered from northerly winds. 
South-westerly gales affect the entrance. 
Northerly swells are refracted into the entrance and cause difficult surges in the spend basin. 
Sustained northerly gales are common in certain seasons. 
At Burghead there are no fixed parameters.  In the case of larger vessels, a decision is made
based upon judgement of conditions at the time.  Local fishermen are aware of the weather
induced hazards. 
2.2.20.4 Visibility 
Poor visibility occurs from time to time caused by fog (frontal & radiation), rain and snow
blizzards. 
2.2.20.5 Ice 
Due to its location, icing is rare at Burghead. 
2.2.20.6 SSSIs 
The entire Moray Coast is an environmentally sensitive area including: Special Areas of
Conservation (SAC), SSSIs and Special Protection Areas (SPA).  This is due to the resident
and visiting cetacean populations and a number of visiting and resident birds of European
Importance. 
The sensitive areas are covered in detail in the Moray Coastal Pollution Plan.    
2.2.21     Navigation Aids 
An occulting white light is located at the south-western corner of the North Pier.  Red and green
lights mark the extremities of the North and South piers respectively either side of the entrance
channel.  The beacon on the southern extremity of the groyne on the east side of the channel is
marked by a flashing green light.  Further information is in Section 10 (Aids to Navigation). 
The Aids to Navigation are maintained by Moray Council staff.  All the aids conform with the
criteria in the NLB document “Instructions on the Provision and Maintenance of Aids to
Navigation”. 
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2.3 Recreational Harbours 
These are at Hopeman, Findochty, Portknockie and Cullen.  There is no active management of
vessel movements.  There is heavy demand for recreational craft berths, with waiting lists for all
harbours.  The current waiting list can be found on the harbour noticeboard and in the Harbours
section of Moray Council website. 
Port Limits are established per the Schedule to Grampian Regional Council Harbours Byelaws
1990 and the Grampian regional Council (Harbours) Order conformation Act 1987.   
No pilotage service is offered at the recreational ports but the Buckie Harbourmasters will
arrange for advice if requested. 
Hopeman is used by over 100 craft including part time creel boats, yachts and launches.  A
sailing school is established there.  The entrance is exposed to the north-west and much of the
harbour dries out at low water.  Depths of at least 2 metres are available at high water and the
target depth in the channel when dredged is about one metre above chart datum.  Swell
dissipates in the outer spend basin.  The inner basin contains about 50 pontoon berths and 60
wall berths, the harbour is well sheltered.  Vessels arrive and leave at will when there is
sufficient water.  Leading lights can be seen lining up the harbour entrance.   The
Harbourmaster maintains contact with the regular users. Hopeman is managed from Buckie
Harbour Office 
Findochty is a busy recreational harbour managed from Buckie.  The outer basin absorbs the
swells.  The Middle Pier protects the inner basin which includes pontoons, forming a marina. 
Almost 100 recreational craft are based there and more call there each year.  A few creel boats
are based at Findochty.  Regattas sometimes occur in the summer months and are planned in
advance.  Findochty Water Sports Club (FWSC) is based at the harbour and operates 2 rowing
boats which are launched several times a week and nearly always at the weekend, they enter
and exit the harbour frequently during that time. 
Most of the harbour dries out at low water. There is no active management of navigation and the
generally small vessels enter and leave at will, subject to weather conditions and available
water.  There are numerous rocky shoals in the approach from the north and the entrance is
exposed to gales and swell from the north and west quarters.  Leading lights can be seen lining
up the harbour entrance. The Harbourmaster maintains regular local contacts.  Findochty is
managed from Buckie Harbour Office. 
Portknockie is also exposed to the north-west, although the entrance is more sheltered.  3
pontoons are installed in the inner basin.  A number of yachts, launches and part time creel
boats(around 50) are based locally. Most of the harbour dries out at low water.  Vessels enter
and leave at will, subject to depths and weather.  Leading lights can be seen lining up the route
past the breakwater, when past the breakwater a 90° turn is made to Port for the harbour
entrance. The Harbourmaster maintains regular local contacts.  Portknockie is managed from
Buckie Harbour Office. 
The entrance to Cullen harbour faces west but the bay is exposed to northerly gales and swell. 
The outer spend basin contains little more than a beach and some quay space.  The inner basin
contains a pontoon for recreational craft.  Almost 30 yachts, small pleasure boats and part time
creel boats are based at Cullen and moor in the inner basin.  Most of the northerly swell
dissipates but some enters the inner basin.  Most of the entrance and harbour dry out at low
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water.  Vessels enter and leave at will according to draft and weather.   Cullen Sea School is
operated from a building behind the harbour and part of the activities they offer is going out in
the rowing boat, using their paddle boards and kayaks.  The rowing boat is launched regularly,
usually at the weekend, and enters and exits the harbour frequently during that time but can be
launched at any time if they want.  A single sector navigation light opens up as the entrance to
the harbour becomes visible.  The Harbourmaster maintains regular local contacts.  Cullen is
managed from Buckie Harbour Office. 
2.4 Principal Hazards 
The principal hazards of the Moray Harbours are their exposure to northerly winds, sea and
swell and the resultant difficulties in entering the harbours.  The approach to some of the
harbours is made more hazardous by physical features such as rocky shoals in the approach
and narrow, shallow entrances. 
On fine days there is considerable small craft activity at the recreational harbours.  With visibility
partially obscured by the piers, there are risks of collision between small craft, but the
consequences are likely to be minor.  Jumping into the harbours from the piers remains a
popular local pastime, despite the risks.  One fatality occurred at Findochty in 2009.  Collision
between small craft and swimmers is reasonably foreseeable and the consequences could be
serious however, maintaining a sensible slow speed while transiting through the harbours will
minimise the risk 
Hence the principal risks are: 
▪ Commercial or fishing vessels grounding or foundering whilst trying to enter the harbours
in bad weather;
▪ Small craft grounding or foundering whilst trying to enter a harbour in bad weather with
the potential for loss of life;
▪ Collisions between small craft in the approaches or within the recreational harbours;
▪ Persons jumping into the harbours and misjudging either the depth or their trajectory;
▪ Personal injury due to a small craft running down a swimmer. 
These are reviewed generically in Section 3.10
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3 RISK MANAGEMENT 
Risk management is carried out integrally with the council's wider SMS, but is always done with
due regard to the specific hazards and risks of the marine environment. Moray Council as
harbour authority is committed to promoting a positive safety culture and managing a safe
operating environment. 
Cyber Security
As a harbour authority, the approach to managing information and cyber security is covered under the
council wide measures contained in the Corporate Information Security Policy. This sets out how
information is properly collected, processes, maintained and disposed of with proper controls to
manage information security. 
Risk Assessment and Risk Management 
The following paragraphs set out the council's approach to risk assessment and risk management,
tailored for the marine environment. 
1. Introduction 
Risk assessment is the basis on which you decide how you will act in any given situation.  Hazards
and risks are present in all walks of life.  At work, we now have a specific duty to define the
hazards to which people are exposed and assess the risks they pose.  We do this taking into
account any legal requirements, which relate to the hazards in question. 
2. Purpose 
2.1 To define how we handle our risk assessment duties under various pieces of legislation. 
3. Scope 
3.1 All known hazards to Health and Safety created by or during our operations or those of other
people, both to our own employees and to other people. 
4. Responsibilities 
4.1 -- Managers - Ensure that risk assessments are carried out and that action is taken to eliminate or
control significant risks.  Also to review the assessments as necessary. 
4.2 Risk Assessors - Will carry out the risk assessments to the best of their abilities. 
4.3 All Employees - To assist in the risk assessment process and comment on its adequacy. 
4.4 Contractors - To carry out their own assessments in consultation with Moray Council, detailing
how their work may affect the employees and how we may affect them. 
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4.5 Clients - To give contractors information to enable them to comply with the above. 
4.6 Senior Health and Safety Adviser - To devise an appropriate system for risk assessment, train
people in its use, give advice and support during the process of risk assessment and monitor its
effectiveness. 
5. Procedure 
5.1 A suitable and sufficient risk assessment must be carried out on all jobs within the Council.  The
risk assessment will be either job based or task based dependent on the type of work being
assessed.  It should also be considered that before a new project is undertaken, a risk study can be
carried out to look at the potential risks and actions needed to design them out. 
5.2 The risk assessments are best carried out by a team consisting of a management representative, a
safety representative and a person carrying out the job with input from the health and safety
section as required. 
5.3 If the job involves contractors the duty rests with all concerned to co-operate in carrying out the
assessment, and to co-ordinate the activities which arise from it. 
5.4 A risk assessment should contain the following elements :- 
a) A breakdown of the job into its main parts.  (SMS Form 8.3) and a detailed look at each task
in relationship to a standard list of hazards and hazardous tasks.     
b) A record of the assessment, held in the harbour office  (SMS Form 8.4) giving :-   
i)  details of hazards encountered
ii)  their current control, if any. 
iii)  the magnitude of risk they pose (using a system where probability and severity are
given a numeric value and then combined to give a risk rating). 
iv)  comment on additional controls as necessary. 
A simple guide has been produced for new users of the system. (SMS GN 7.22) 
5.5 Once the general risk assessment is complete, it must be passed to all people in the area and also
to the area management and safety representatives.  They will be given the opportunity to
comment on the assessment and whether all hazards in the area have been adequately covered. 
All comments must be fed back to the risk assessment team. 
5.6 For certain activities, it is appreciated that the same risks are being faced in a multitude of
different areas.  In these situations the principle of generic assessment will be used to make the
task of assessment more manageable.  This must be done with great care to ensure that no
specific area hazards are missed. Generic assessments must be tailored when being applied to
different areas, to pick up these differences. 
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5.7 More detailed assessment of certain types of hazard will be required in some situations.  Please
refer to the specific procedures for more detail.  This includes manual handling, chemicals, noise,
fire and display screen equipment (DSE) use. 
5.8 The assessment should be used as a means of prioritising the action within departments to ensure
people's health and safety.  A plan of action should arise from the assessment with the highest
scoring items being addressed first. 
5.9  The points raised in an assessment must be addressed in one of the following ways. 
ELIMINATE  the hazard 
SUBSTITUTE  for a lesser hazard 
CONTROL  the hazard (e.g. by things such as guarding, safe systems of work, information,
training or supervision and finally personal protective equipment). 
RETAIN     agree that the hazard is not significant or is acceptable in the given situation. 
5.10 A final assessment must be made once the measures agreed on are implemented and the residual
risk assessed and defined. 
5.11  All risk assessments must be reviewed on an agreed frequency or if circumstances in an area
change.  If an accident or dangerous occurrence happens in the area covered by an assessment, it
must be reviewed to find out why the hazard leading to the incident was not adequately
controlled and whether the assessment findings are valid. Any changes necessary must be made
and further control measures implemented. 
6. Definitions 
Hazard     Something with the potential to cause harm. 
Risk                   The likelihood of that harm occurring taking into account probability and
severity. 
7. Tool Box Talks 
A Tool Box Talk is a simple, informal risk assessment carried out by the personnel involved.  It
ensures that the task and its potential hazards are understood, that correct and adequate
equipment is in place, that personnel understand their responsibilities and that contingency plans
have been discussed and are understood. 
All routine operations involving potential hazards should be preceded by a Tool Box Talk.  Such
routine operations may include: 
▪ mooring/unmooring operations,
▪ harbour launch operations, 
▪ pilot Boat operations,
▪ Aid to Navigation maintenance, 
▪ manoeuvring large vessels in and out of the harbours
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▪ unusual quayside operations
▪ before each shift of an exceptional hazardous operation which has undergone risk
assessment.   
The particular task leader is responsible for implementing tool box talks. 
At the end of each task, a debrief will be held with all those who took part in the task.  During the
debrief, questions such as ‘What went well and what didn’t go so well?’ should be asked so that any
lessons learned are captured and communicated to others. 
8. Unusual/Exceptional Operations 
All and any non-routine operations should be subjected to a Risk Assessment.  Depending upon the
potential hazards and complexity of the task it can vary from a simple tool box talk to a formal Risk
Assessment Workshop.  The fact that a risk assessment has been carried out and its conclusions will
be recorded in appropriate detail, in the harbour logbook. 
Examples of such unusual operations include:
▪ Vessels of unusual size or configuration
▪ Dredging
▪ Diving
▪ Refloating a grounded/stranded vessel
▪ Vessel towage
▪ Salvage
▪ Removal of derelicts. 
9. Contractor Compliance 
External contractors and agencies that utilise the port facilities are required to comply with local
health and safety directives and all statutory health and safety regulations.  As such, all vendors
must comply with Moray Council’s third party acceptance checks and submit a signed letter of
conformation confirming their commitment to carry out all port operations in a safe and efficient
manner, in line with local and statutory regulations.
10. Generic Review of Hazards 
No Hazard Potential Causes Risks Risk Level  Control Measures
1 Fire &
Explosion
Vessel collisions. 
Handling fuel
(rec. craft) 
Handling gas
bottles (rec. &
fishing vessels) 
Personal injury
or death. 
Harbour closed
or obstructed
Moderate
To 
Substantial
Commercial &
fishing vessels use
diesel. 
Small quantities
petrol & gas.
2 Grounding
Stranding
Unexpected
shoaling.
Vessel damage.  Tolerable
To
Local knowledge. 
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Loss of power.
Loss of control in
onshore (Nly)
gales. 
Crew error
Loss of life. 
Harbour
blocked. 
Adverse
publicity.
Moderate  Published advice &
recommended
routes. 
Awareness and
caution.
3 Collision  -
Commercia
l harbours
Mechanical
failure. 
Crew error. 
Vessel damage. 
Pollution.
Tolerable Low traffic levels. 
Local knowledge or
advice from harbour
staff/pilot
4 Collision  -
Recreation
al harbours
Poor visibility
around piers. 
Crew error. 
Running down
swimmer.
Vessel damage
(minor). 
Loss of life. 
Adverse
publicity.
Trivial
To
Tolerable 
Speed limits. 
Harbourmasters
follow up with
irresponsible boat
operators. 
5 Pollution Fuelling vessels. 
Pumping bilges. 
Vessel damage. 
Crew error.
Environmental
damage. 
Slippery
ladders and
potential
drowning. 
Injury to
personnel 
Adverse
publicity
Moderate
To
Substantial
Enforce bunkering
procedures.
Encourage oilsorb in
FV bilges.
Response
equipment
available.
Waste Oil collection
point at office
Staff training on
pollution response
Good housekeeping
maintained 
6 Personal
injury.
Line handling. 
Harbour/Pilot
launch
operations. 
Crew/operator
error. 
Public access/
jumping into
harbours.
Loss of life. 
Drowning. 
Serious injury 
Adverse
publicity.
Tolerable 
To 
Substantial 
Tool box talks. 
Suitable training
with staff
Awareness &
caution.
Youth and visitor
education on
hazards of harbours.
Enforce byelaws.
PPE. 
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4 EMERGENCY RESPONSE PROCEDURES 
4.1 Relevant Emergency Response Plans 
Working in Partnership
The foundation of emergency planning is cooperation between partners.  The Grampian Local Resilience
Partnership (LRP) is the local forum for emergency planning and includes Police, Fire, Ambulance, HM
Coastguard, SEPA, NHS, Moray, Aberdeen City and Aberdeenshire Councils. Grampian LRP is part of the
North of Scotland Regional Resilience Partnership (NSRRP). 
The LRP aims to maintain effective local liaison and co-ordination, through developing and managing a
local work program.  Resilience Partnerships aim to protect the people, economy and environment by
building resilience and having effective arrangements in place to deal with emergencies.  Resilience
Partnerships work closely with the Scottish Government, other Scottish Resilience Partnerships and
specialist advisors in responding proportionately to emergencies, minimizing their impact and
promoting recovery as quickly as possible. 
Emergency Planning in Moray  
An Emergency Planning Officer is based in Elgin.  Via the emergency on call procedures the council
provides a 24hr 365 days a year, first line of Council response, for any major emergency involving the
council as a Tier 1 responder.
As emergency situations arise, other Council officers are brought in to co-ordinate the Council’s
response and to provide expert advice and assistance.  The arrangements detailing the Council’s
response to the effects of major emergencies whatever their cause is contained within the Emergency
Planning Policy and Procedures.  
http://www.moray.gov.uk/downloads/file86131.pdf
Oil Pollution Arrangements
In addition to the general arrangements contained in the Emergency Planning, Policy and Procedures
document, a plan detailing specific arrangements to deal with pollution of the moray coastline, including
the Buckie and Burghead Harbours has been prepared.  A copy is held by the Harbourmaster. 
Copies of relevant plans are maintained at individual Harbour Offices.   
All spill kit equipment can be found in the harbour stores.  Buckie - in the Fishmarket and Burghead -
underneath the office.  If the incident occurred at a recreational harbour then equipment will be used
from these sites. 
4.2 Review and Updates 
These plans are reviewed for currency at regular intervals, normally between one and three years.   
Grampian Emergency Planning Unit issue updates. 
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4.3 Exercise and Drills 
All harbour staff shall review the plans periodically and be familiar with their layout and content. 
Desk-top and hands-on exercise will be arranged based on the various Emergency Plans. The
Harbourmaster will maintain a log of all the drills and exercises carried out. 
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5 PERFORMANCE MONITORING 
5.1 Periodic Review and Reporting 
a) Incident and Near Miss Reports are reviewed periodically to identify any trends of concern and
to focus on necessary safety improvements.
b) The logbook records plus Incident and Near Miss Analysis will be reviewed and analysed at
regular intervals, normally annually.  Trends and proposed improvement actions will be
identified.  The Harbourmaster will report on these topics to the Harbour Development and
Operations Manager and thence to the Chief Executive. 
c) The periodic analysis of Incidents and Near Misses, trends and proposed actions will be made
available to harbour staff and users. 
5.2 Auditing 
Internally the Safety Management System will be audited by a suitably qualified person who will then
report to the Duty Holder on the effectiveness and performance of the system.
The Designated Person will audit the Safety Management System at least once every 3 years. 
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6 HANDLING OF DANGEROUS GOODS 
Under the Dangerous Goods in Harbour Areas Regulations, vessels intending to use the port that have
DGs onboard either for discharge or remaining in transit must advise the Harbourmaster of details 24
hours before arrival.  This will be done in writing or if agreed with the Harbourmaster, another form of
communication such as email.
The Harbourmaster will decide where the vessel will be berthed after taking into consideration the
cargo and how it may affect other vessels in the area.  The emergency plans for the area should be
reviewed and an amendment made if it is required.  Depending on the potential outcome should there
be an incident with the substance; local emergency services will be informed.   
Gas cylinders and small quantities of flammable liquids are handled onto and off fishing and recreational
vessels at all the harbours.  Harbour staff must encourage vessel operators to take proper precautions
when so doing.  Neither empty nor full containers will be left unattended on the quays.   
High flash-point oil fuel is handled at all the harbours from road tank wagons.  Pollution due to spillage is
the principal risk from such operations.   Bunkering Checklist is part of Risk Assessment 18. 
Importing of DG’s into the harbours is rare.  Occasional containers of high flash point oil products are
received at Buckie.
If there are any DG’s which have to be stored on the quayside, either for import or export, then the
Harbourmaster will dedicate an appropriate area as a Dangerous Goods Bay after consulting the storage
guidelines on the SDS.  This bay will be cordoned off.  If there are 2 or more types of chemicals then all
the storage guidelines will be consulted and the compatibility chart below will be used to ensure that
there are no incompatible chemicals being stored together.  Refer to Appendix G
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7 INTERNATIONAL SHIP AND PORT FACILITY SECURITY CODE (ISPS) 
Buckie handles international commercial vessels and hence is subject to ISPS.  This requires a Port
Facility Security Plan, duly trained Security Officers, and Security Declarations by arriving vessels on
international voyages and restricted access to the quayside for such vessels, including a pass system.  
The Harbourmaster and Deputy Harbourmaster will normally be the designated Security Officers and are
responsible for implementation of the Code according to guidance issued by Department for Transport
(DfT). 
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8 PORT WASTE RECEPTION FACILITIES REGULATIONS 2003 
All Moray Harbours are subject to these regulations with an emphasis on Buckie and Burghead being
commercial harbours this requires: 
▪ the reporting, documentation and correct disposal of ship generated waste;
▪ a published charging regime.   
The Consolidated European Reporting System for ship’s waste also applies to certain vessels visiting
Buckie. 
Before entry into the harbour, as part of the pre-arrival documentation, all cargo vessels will have
already provided the port with the waste figures.  The paperwork should arrive 24 hours prior.  All other
vessels use the general waste bins at the recreational harbours or if at Buckie or Burghead , the recycling
bins which are available.  Waste oil collection is also carried out at Buckie and Burghead.  Any waste will
be segregated and dealt with in accordance to Moray Council’s Harbours Waste Plan. 
9 Conservancy 
9.1 Shoaling 
The entrances to all the harbours – commercial and recreational silt regularly.  Depths are surveyed
regularly and dredged as outlined below. 
9.2 Surveys 
Harbour beds and approaches will be surveyed at least annually for the commercial harbours two yearly
for the recreational harbours.  Intermediate surveys may be carried out after major storms if significant
changes are suspected.   
Level surveys are carried out in areas which dry out at low water.  Areas not accessible on foot are
surveyed by echo sounder mounted on the Buckie pilot Boat.   
Echo sounder records have an accuracy of +/- 0.2 metres and the level surveys +/- 0.1 metres.  Results of
surveys are plotted on 1:500 charts which are available at harbour offices and the Roads Office at Elgin. 
Any hazards noted are promulgated via local notices to mariners and/or via UKHO. 
9.3 Inspections 
Harbour fittings and equipment will be inspected:
▪ Weekly by harbour staff;
▪ Annually at random by Moray Council Safety Officer;
▪ Annually by a Council Engineer or Civil Engineer and divers. 
Weekly inspections follow separate lists for the commercial and recreational harbours.  Similarly,
separate report forms are submitted by the harbourmasters to the Harbours Development and
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Operations Manager.  Any serious deficiencies must be reported immediately through the Harbour
Asset Management System WDM.   
Annual safety inspections can cover any aspect of the harbours including condition of quays, fixings,
equipment facilities or the operation of the harbour.  Any items for improvement or remedial action are
reported to the Civil Engineering Technician and recorded through the Harbour Asset Management
System WDM. 
Annual formal inspections cover accessible areas above MHWS.  The complementary diving inspection
covers authority facilities below MHWS.  Defects and obstructions are reported and plotted on a 1:500
chart, using photographs if appropriate.  Urgent defects are reported to the responsible harbourmaster
or Harbours Development and Operations Manager. 
Additionally, steel ladders are inspected bi-annually at Low Water Springs, for safety and general
condition.  Any necessary repairs are actioned by the Harbours Development and Operations Manager. 
A plan showing the positions of all ladders at each harbour is maintained. 
Bi-annual inspection of lighting & electrical fittings by the Lighting Section of Roads Services includes
navigation lights, pier lights and power boxes. 
9.4 Dredging 
The Harbour Authority carries out maintenance dredging of the harbour basins and identified high spots
in the approaches to maintain target depths.  Frequency depends upon need, survey results and
availability of Moray Council owned dredger “Selkie”.   The frequencies are approximate: 
• Buckie   Entrance annually, other areas as required
• Burghead   Entrance as required when dredger is available, basin, infrequently
• Recreational Harbours As required 
Any dredging operation is considered to be an unusual event and hence is subject to a prior Risk
Assessment involving the dredger skipper and Harbourmaster.  See Section 5.4 of this appendix. 
Any capital dredging to improve the channels or increase the controlling depths would be a special
project requiring:
• Justification based upon need and detailed hydrographic survey
• Approval of the Crown Estates
• Risk Assessment - particularly in respect of traffic movements during the project
• Determination of whether an Environmental Impact Assessment is required under the Harbour
Works (EIA) Regulations 1999.
• Approval of capital expenditure 
If spoil is to be disposed of in tidal waters consent is required from Scottish Government.  If disposal is at
sea a license is required from Marine Scotland. 
Any dredging contractor operating within the Moray Harbours will be required to:
• Demonstrate its experience and competence for the particular project;
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• Employ personnel who are properly qualified, experienced and trained for the type of project;
• Operate a risk based safety management system. 
Before any dredging operation, the Harbourmaster and Dredger Master will:
• Carry out a risk assessment of the operation;
• Develop any necessary special harbour procedures for the duration of the operation, these must
address the question of vessels manoeuvring in the vicinity of the dredger;
• Issue necessary warnings and notices. 
9.5 Wrecks 
Under general powers and specific powers in the byelaws, the Harbourmasters may order or arrange the
removal of any wreck, abandoned vessel or other derelict obstructing the navigable channels or other
public areas of the harbours.  The wreck location may be marked until it is raised, removed or destroyed. 
The authority has general powers under the 1987 GRC Confirmation Order and harbourmasters have
specific powers under the Byelaws. 
Harbour staff will try to identify the owners of any such derelict and require them to arrange removal.  If
ownership cannot be established in a reasonable period, or if the derelict is seriously impeding traffic,
the authority may arrange removal. 
Harbour staff will ensure that any such operation is properly planned taking account of safety, the
environment, traffic and recreational aspects.  Any contractors must operate under a risk based Safety
Management System. The operation will be subject to an unusual event Risk Assessment involving all
concerned parties. 
9.6 Mooring/Unmooring 
Mooring and unmooring of commercial vessels at Buckie is normally carried out by the duty Watchman.  
Fishing vessels normally handle their own mooring lines but may request assistance. 
Operators of craft at the recreational harbours are responsible for handling their own moorings and any
issues with the mooring arrangements noted while carrying out harbour checks will be communicated to
the boat owner for rectification. 
Harbour staff employed in mooring/unmooring operations will wear appropriate Personal Protective
Equipment (PPE), as per the Mooring Manual.  They should set a good example to others so employed. 
The Harbourmasters are responsible for implementing this policy and for the safety of harbour
personnel.  Staff should ensure that members of the public and other personnel keep a safe distance
from the mooring/unmooring operations at the commercial harbours.  All harbour staff complete the
Mooring Manual training. 
Procedures including safety and PPE standards are contained in Appendix D, Section 1.   
9.7 Towage 
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No routine towage services are available at the Moray Harbours.  The commercial and fishing vessels
visiting the harbours are equipped with bow thrusters or are otherwise able to manoeuvre adequately. 
The Buckie work Boat may be used to assist in berthing/unberthing a vessel. 
Any tugs of more than 5 tonnes gross operating in harbour areas must be licensed by the Harbour
Authority.  No such tugs currently operate. 
Any towage for specific purposes, to assist an unusual vessel/craft or to assist a disabled or grounded
vessel will be planned with the Harbourmaster in advance.  It will be subject to an unusual event Risk
Assessment involving concerned personnel.  Any additional control measures indicated by the risk
assessment must be implemented.  The contractor must satisfy the Harbourmaster that the proposed
towage vessel:
• Is of sufficient power and manoeuvrability for the vessel to be assisted and the confines of the
harbour
• Is adequately and competently manned
• Has all critical equipment operational
• Is operated in accordance with a risk based safety management system, either formal or
specific to the operation. 
If the towage vessel is unsuitable for these or other reasons, then operations will not proceed until
suitable arrangements are in place. 
9.8 Salvage 
Any salvage operations within the Moray Harbours must be carried out by a competent contractor,
operating a risk based safety management system. 
A formal risk assessment is required prior to commencing the operation.  Any specific controls or risk
reduction measures identified as being necessary must be implemented.  Tool box talks are essential
before each shift or phase of the operation.   
Procedures for the operation must be produced by the contractor and cover:
• Methodology;
• Required equipment and personnel;
• Exclusions/limitations on other harbour activities;
• Other risk reduction and control measures required;
• Parameters for suspending and aborting the operation;
• Contingency plans. 
Harbourmasters will implement necessary and appropriate exclusion zones whilst the operation is being
carried out.  Other users should be kept advised of progress for any salvage operations. 
9.9 Diving (Harbour Works and Vessels)
The Authority has a responsibility to ensure that any diving works within the Harbour Area is carried out
safely, by competent divers, in accordance with HSE Guidance. 
Recreational diving and swimming is regulated by the Byelaws.
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Any diving works on behalf of Moray Council will be carried out by competent diving contractors,
operating a risk based safety management system, requires a Permit to Work and must be carried out in
line with a bespoke risk assessment and method statement for the activity.  “Diving Operations in and
around Moray Council Controlled Waters/Sites/Installations”.  Contractors must provide evidence of
their competence and SMS at the time of tendering.  Refer to the above Safety Procedure. 
Any required diving on vessels within the Harbours must also be carried out by a competent diving
contractor or otherwise be in compliance with HSE Guidance for Diving on Fishing Vessels.  No such
diving may take place without prior consultation with the Harbourmaster. 
In general, for any diving operations:
• The diving system/vessel must be properly equipped and manned;
• Weather and tidal conditions must be suitable;
• Necessary warnings must be displayed and broadcast;
• Other vessels, vehicles and persons not involved in the operation must be kept at a safe
distance;
• Diving must be suspended when there are increased risks from passing vessels or other activities
in the harbour, or when other conditions change significantly;
• Is subject to a Diving Permit (see the Direct Services Diving Safety Procedure) and a harbour
permit to work 
The Harbourmaster may order the cessation of diving if any of the above are not met or the operation
appears otherwise unsafe. 
9.10  Navigational Warnings 
If Moray Council (Harbour Authority) become aware of any navigational hazard that is not present on
marine charts or other published navigational information, it will, having verified any reports, publish a
suitable warning through the use of a Local Notice to Mariners.  The Notice to Mariners must be
appropriate to the hazard and distributed accordingly.  Such navigational warnings may include (but are
not limited to) –
• Adverse Weather Conditions
• Shipping movements
• Changes in charted depths
• Damaged or malfunctioning AtoN
• Wrecks or abandoned vessels
• New or temporary exclusion zones
• Works in harbour area
• Miscellaneous safety warnings.
If the navigational hazard is not of a temporary nature, changes to nautical charts and published
information will be made if considered necessary by the UK Hydrographic Office.
Tide tables are posted in the noticeboards at all the harbours.
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10. AIDS TO NAVIGATION 
10.1 Procedures 
The Authority maintains a suite of navigation aids, listed below, to mark the harbour entrances and in
some cases hazards in the approach.  The General Lighthouse Authority – Northern Lighthouse Board
sets standards for aids to navigation and must be kept advised of any defects to the principal ones.
These meet criteria set in the NLB document “Instructions on the Provision and Maintenance of Aids to
Navigation”.  Navigation lights at Cullen, Findochty and Portknockie are for local assistance.  None the
less, they are included in the report to NLB.   
As a competent harbour authority, Moray Council acts as a local lighthouse authority, and
therefore has responsibility for the provision and proper maintenance of aids to navigation as
necessary, and effective management of any danger to navigation from wrecks or obstructions. 
Maintenance of all Aids to Navigation is carried out by authority staff.   
Harbour staff inspect navigation lights for operation at least weekly.  At Buckie, the Watchman confirms
operation each night.  Any defects are advised immediately to the Streetlighting team in Elgin for action
and reported through the Harbour Asset Management System WDM.  At Buckie and Burghead, any
relevant defects are advised to vessels in port.  Availability reports are prepared and forwarded by the
Harbourmaster then submitted through the online report form to NLB. 
All local lighthouse authorities – including harbour authorities which maintain navigation aids, are
required to report annually to NLB.  The report covers the status and downtime of the aids and is
submitted via email once generated from the AtoN online system.  Refer to NLB document “Instructions
on the Provision and Maintenance of Aids to Navigation”. 
10.2 List of Navigation Aids   
(i) Buckie 
▪ Qk Fl R 5 sec, 5m 7M  Marking West Muck rocks  
▪ Iso WG 2 sec 20 m 16/12M White light, in line with the North Pier light provides a clearing
line 125º/305º, west of The Mucks;
Green sector marks the rocks to the west of the Entrance; 
▪ Occ R 10s 15m 15M  North Pier 
(ii) Burghead 
• Occ 8 sec 7m 5M   South-western corner of the North Pier
• Qk Fl R 3m 5M   Extremity of the North Pier and channel
• Qk Fl G 3m 5M   Extremity of South Pier and channel  
• Fl G 5 sec 2m 1M   Southern extremity of groyne, east side of the channel
(iii) Hopeman 
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• Occ G 4s 8m 4M   North-west corner of the West Pier
• FR 3 & 4m   Leading lights marking the entrance channel  081º. 
(iv) Findochty 
• Unlit beacon on the north-west corner of the West Pier.  
• Fixed red leading lights marking the approach channel.  
(v) Portknockie 
• Flashing green leading lights marking the approach channel. 
(vi) Cullen 
• Unlit beacon on the south-west corner of the North Pier.  
• Flashing green light marking the entrance channel. 
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11 PILOTAGE ARRANGEMENTS 
11.1 Buckie offers a pilotage service on demand, although it is not compulsory for any class of vessel. 
Commercial vessels unfamiliar with the port are encouraged to take a pilot on arrival and may request a
pilot for sailing.   
Pilots normally board at least one mile north-north-west of the entrance and always to seaward of The
Mucks.  Pilots land outside the harbour entrance at a point agreed with the master.  Once onboard the
Captain and Pilot will go through the Pilot/Master Interchange card before continuing entry/exit. 
The harbour authority employs and authorises the pilots and has in place appropriate qualifications and
training requirements (see below).  All hold recognised certification and have appropriate seagoing
experience and local knowledge. 
No pilotage is available at Burghead.  The Harbourmaster at Buckie will give advice if requested.       
No pilotage service is offered at the recreational ports but the Buckie harbourmaster will arrange for
advice if requested.   
11.2 Training & Qualifications 
Candidates for consideration as Pilot at Buckie should meet the following standards:
• Experience working on commercial vessels, particularly in the bridge
• Be medically fit with good hearing and sight, able to differentiate between colours (ENG1)
• Familiarity with approaches to the harbour, position and nature of the approach lights and local
hazards
• Must be willing to complete the in-house Pilot Training Scheme
• Minimum of six training trips, with an experienced pilot on a representative selection of vessels
of which 
a) 3 trips should be inward
b) 3 trips should be at night 
• Satisfactory examination by the Harbourmaster and/or experienced pilot. 
Any Pilot who has not carried out the duty within the previous 4 months will be given a full brief by the
other Pilot on anything that may be new.  The briefing will revalidate the Pilots authority to pilot for
Buckie Harbour 
Training is in line with the National Occupational Standards (NOS) for Marine Pilotage. As part of the in-
house training a competency assessment has been generated using the key points from the NOS and can
be seen below.  The Pilot Training log allows trainee pilots to log all lessons learned during their training
and therefore ensure that those lessons are passed on to future pilots. 
A Pilot Continuous Professional Development (PCPD) programme has been set up for pilots.  The
purpose of this is to allow the Buckie Harbour pilots the opportunity to continue developing their skills
gained during the initial training.  It will focus on 3 elements, professional evaluation, knowledge and
skills and emergency response.  If this is not completed over the 3 years from gaining approval as a pilot
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then the authority to pilot vessels for Moray Council will be removed.  Refer to Appendix H –
Competency Assessment 
11.3  Competency Assessment 
The Authority may restrict a new pilot to certain vessel dimensions or characteristics for a probationary
period.  The Authority may also restrict pilotage of certain vessels with specialised or unusual features to
certain pilots with appropriate training and experience. 
11.4 Pilotage Exemption Certificates 
As pilotage is not compulsory, there are no provisions for Pilotage Exemption Certificates (PEC’s). 
11.5 Pilot/Master Interface 
Effective communications between the pilot and the master of the vessel are essential.  Each must brief
the other before the transit commences. 
(i) The Master should provide the Pilot with all relevant information concerning the vessel and its
equipment, relevant to the proposed operation in written or diagrammatic format.  This should
include draft, dimensions, confirmation that all critical equipment is operational and any
limitations or peculiarities of the vessel or its manoeuvring capability.  This will be noted onto
the Pilot Card. 
(ii) The Pilot will advise the Master verbally of all information relevant to the operation including
depths of water, tidal conditions and status of navigation aids.    The master and pilot will agree
decision points on the passage, abort plans and necessary equipment and personnel to be
available.  This is on the Passage Plan. 
(iii) The Master will report on any polluting or hazardous materials to the Pilot. 
(iv) The Pilot will report any deficiencies in the performance of the vessel or in the information
exchange to the Harbour Authority.  If performance of the vessel or personnel is sufficiently
downgraded the Pilot shall consider aborting the passage.  The Pilot and Harbourmaster shall
consider whether serious deficiencies require a report to MCA.  In the first instance Aberdeen
Coastguard should be contacted and asked for advice on the correct person to speak to 
(v) The Pilot will complete a report for any Incident or Near Miss per the Moray Council format. 
The Pilot and Harbourmaster will also consider whether this should be reported to the MAIB 
11.6 Pilot Boat 
Buckie operates a high speed pilot boat, with good seakeeping characteristics, with which to board
pilots to seaward of The Mucks.  The Boat is manned by at least two harbour staff in addition to the
pilot.  The harbour office is manned when the pilot Boat is deployed during office hours but not out of
hours.   
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The Boat is equipped with echo sounding and navigation equipment and carries out depth surveys at
Buckie, Burghead and areas of the recreational harbours which do not dry out.  It should be crewed by
at least two staff for survey operations. 
Generally, Pilot Boat operations are carried out in line with the MCA Code of Practice on the Safety of
Small Workboats and Pilot Boats.   The Buckie Boat is surveyed periodically by approved consultants for
the SWB2 Document of Compliance. 
A Tool Box Talk risk assessment will be carried out before each Boat operation to identify the tasks, the
particular hazards involved, each person’s responsibilities, protective equipment to be used and
contingency plans in the event of an incident.   
11.7 Pilotage Operations Procedures 
a) Duty Watchman to check lights and run pilot Boat engine prior to operation.
b) Nominated 2 man crew, Pilot & Duty Harbourmaster muster 20 minutes before estimated
arrival/sailing time.
c) Harbourmaster confirms that sufficient depth of water for the operation, given vessel’s draft
and weather conditions.
d) Harbourmaster liaises with Pilot to ensure weather conditions suitable for the operation to
proceed safely.
e) Aborting the operation whilst in progress is at the discretion of the pilot.
f) Whether to go alongside the vessel is at the discretion of the nominated pilot Boat coxswain. 
Notes: The Boat is operated in compliance with the MCA Small Workboats and Pilot Boats Code of
Practice, under which Buckie Pilot Boat is considered a pilot boat vessel for operation within 3
miles of a safe haven
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12 OTHER HARBOUR CRAFT 
Any other small craft used for harbour services should be operated to the same safety standards as for
the harbour launches. 
Any small craft used for harbour and associated works, including pilot boarding/landing and harbour
surveys, whether operated by the harbour personnel or by contractors must: 
▪ Be suitable, and certified where appropriate, for the task, the working area and the
environmental conditions;
▪ Be crewed by at least two competent persons;
▪ Be aware of larger vessel movements which may affect the operation;
▪ Have an alternate means of propulsion to the primary engine;
▪ Maintain watch on VHF and be in constant radio contact with a designated person onshore;
▪ Carry lifejackets, a torch, flares and other means of attracting attention;
▪ If proceeding out with the enclosed harbour, be fitted with an operating compass. 
The crew must wear life vests and safety lines, properly fastened, when on exterior decks or when in an
open craft.  Single operators must wear a life vest and safety line at all times when in the craft. 
The crew and their onshore supervisor must carry out a “tool-box talk” before commencing the
operation, at the least this should cover: 
▪ All required tools and equipment for the task available;
▪ Sufficient, competent crew for operation, task requirements understood;
▪ Weather and tidal conditions, present and expected, checked and suitable;
▪ Marine craft safety and communications equipment in place, usage understood by crew;
▪ Communications procedures and methods agreed and understood;
▪ Parameters for aborting the operations agreed;
▪ Contingency/escape plans agreed and understood in the event of problems or incident. 
A full debrief will be held when back in the office looking at what went well and what could be done
better to ensure any lessons learned are fully communicated to the team.
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13. INCIDENT & NEAR MISS REPORTING 
Reporting and Follow-up Flowchart
The following flowchart summarises the incident reporting and follow up system.
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Incident Reporting Procedure Flow Chart  Incident Occurs
Person(s) Present - take appropriate
action, eg, get medical assistance, give
first aid, make area safe, etc.
Notify the Reporting Officer for your
section/team, this will usually be the
Line Manager or Supervisor 
Reporting Officer - is the incident so
serious that others need to be informed
immediately? eg, death, major injury
under RIDDOR (see SMS7.1), injury to
a person not at work, service
threatening event, etc.  Contact H&S
Section if advice is required
Yes 
No
Contact the HSE Incident Contact
Centre by phone (08453009923)
for fatalities or major injuries. 
Fatal incident occurring out of
hours should be reported to the
HSE Duty Officer (01519229235). 
Other RIDDOR reportable injuries
notify the HSE ICC online.  
www.hse.gov.uk/riddor/index.htm 
Inform your Section Head
and the H&S Section
(01343) 563629
Buckie harbour is
Reporting Officer - implement the rest
of the incident reporting procedure,
contact H&S Section if assistance is
required
Is the incident not immediately notifiable to
the HSE, but still reportable under RIDDOR,
eg, an over 7 day injury?  (See SMS7.1 for
the requirements of RIDDOR)
Yes 
Complete the
Internal Incident
Report form. 
File the Internal Incident Report form
(and any reports sent by the HSE) in the
section/team's Accident File ("Accident
Book")
Send copies to the
Section Head and the
H&S Section within 10
days of the incident.
Carry out an
investigation as
appropriate (see
SMS7.1)
Contact the HSE Incident
Contact Centre within 15
days (or as soon as possible
if an injury takes more than
15 days to confirm). 
www.hse.gov.uk/riddor/index
.htm
With serious incidents
inform:  Commucations
Officer (01343) 563601
Consider Head of Dept;
Chief Exec; Local
Councillors.  
Out of office hours
contact Duty CMT/HoS
via Cameron Park Brae
0345 7565656
Person(s) Present - take appropriate action,
eg, get medical assistance, give first aid,
make area safe, etc.
Notify the Reporting Officer for your
section/team, this will usually be the Line
Manager or Supervisor 
Reporting Officer - is the incident so
serious that others need to be informed
immediately? eg, death, major injury under
RIDDOR (see SMS7.1), injury to a person
not at work, service threatening event, etc. 
Contact H&S Section if advice is required
Yes 
No
Contact the HSE Incident Contact
Centre by phone (08453009923) for
fatalities or major injuries.  Fatal
incident occurring out of hours
should be reported to the HSE Duty
Officer ((03453009923)  Other
RIDDOR reportable injuries notify the
HSE ICC online.  
www.hse.gov.uk/riddor/index.htm 
Reporting Officer - implement the rest of
the incident reporting procedure, contact
H&S Section if assistance is required
Is the incident not immediately notifiable to the
HSE, but still reportable under RIDDOR, eg, an
over 7 day injury?  (See SMS7.1 for the
requirements of RIDDOR)
Yes 
Complete the
Internal Incident
Report form. 
File the Internal Incident Report form (and
any reports sent by the HSE) in the
section/team's Accident File ("Accident
Book")
Send copies to the Section
Head and the H&S Section
within 10 days of the
incident.
Carry out an
investigation as
appropriate (see
SMS7.1)
Contact the HSE Incident
Contact Centre within 15 days
(or as soon as possible if an
injury takes more than 15 days
to confirm). 
www.hse.gov.uk/riddor/index.
htm
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13.11 INCIDENT & NEAR MISS REPORTING 
1.  INTRODUCTION 
The Moray Council seeks to prevent undesirable incidents from occurring as a result of its activities
and has instituted a pro-active safety management system to ensure they are avoided where
possible.  That said, errors and mistakes do occur and these can result in harm to people or damage
to property and equipment.  This procedure covers how such incidents should be dealt with so that
lessons are learned and repeat occurrences prevented.   
2.  PURPOSE 
To provide a system for recording, reporting and investigating relevant incidents so that deficiencies
and adverse trends in safety performance can be highlighted and addressed. 
3.  SCOPE 
3.1. This procedure covers the following events should they occur in the course of Council
activities: 
− Injuries to persons
− Occupational illnesses resulting from specific events or activities
− Dangerous occurrences and near misses that could have resulted in harm or material
damage
− An environmental incident 
3.2. It applies to anyone involved in, or affected by, work activities undertaken by the Council, eg,
staff, clients, service users, contractors and members of the public.  Violent and aggressive
incidents, however, are not covered by this procedure. 
3.3. At the all of the harbours there are other marine specific potential hazards to consider such
as: 
▪ Groundings, strandings, founderings
▪ Collision or contact with other vessels or craft, navigation aids, other fixed objects,
significant debris or persons in the water
▪ Hard landings against quays, damage to quays and/or vessels
▪ Injury to personnel, falling into water, drowning, other fatality
▪ Significant equipment or propulsion failure on vessels
▪ Other damage to vessels, or property, including wash damage
▪ Other incidents which may result in loss or litigation.
▪ Close quarters situations with other vessels/craft or persons in the water
▪ Vessel equipment or propulsion failure with the potential to cause an incident
▪ Personnel errors with the potential to cause an incident. 
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4.  RESPONSIBILITIES 
4.1. Directors - implement procedure; monitor implementation; monitor incident data and take
appropriate action. 
4.2. Section Heads - designate staff with responsibility for reporting and investigating incidents;
ensure designated persons are aware of their responsibilities; monitor procedure
implementation; investigate serious incidents (as necessary); monitor incident data and take
appropriate action. 
4.3. Harbourmaster/Assistant Harbourmaster - inform staff of their responsibilities; report and
record all relevant incidents; investigate incidents (as necessary); monitor incident data and
take appropriate action. 
4.4. All Harbour Employees/Visitors - report any incident they are involved in or witness to the
Harbourmaster or Assistant Harbourmaster. 
4.5. Senior Health & Safety Adviser - monitor procedure implementation; investigate serious
incidents (as necessary); monitor incident data and take appropriate action. 
In certain circumstances the Marine Accident Investigation Branch (MAIB) or Maritime and
Coastguard Agency (MCA) may become involved in incident investigation.
The police will take primacy in any investigation involving death or crime. When someone dies in a
work-related incident or as a result of a navigational incident, a number of different organisations
will require to work with the police to ensure that the incident is investigated and that the reasons
for the death are understood. Moray Council will work with the police to support their investigation
“where appropriate.”
5.  PROCEDURE 
Incident Occurs: 
5.1. The first priority for those present should be to take appropriate emergency action, eg,
administer first aid, get medical assistance, make the area safe, etc.  The objective should be
to ensure that no further harm is incurred. 
5.2. The incident should then be reported to the appropriate line manager so that this procedure
can be activated, unless the line manager is already present and can take the necessary
action.  (See above for a flow chart illustration of the procedure). 
5.3. With incidents occurring to staff outside of normal office hours, each service should have a
contact manager who can deal with any incident reporting, immediate investigation
requirement or other actions that cannot be delayed. 
Immediate Notification of Serious Incidents: 
5.4. The initial response of the reporting officer must be to consider if others need to be told
about it immediately. 
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5.5. The Section Head and the Health & Safety Section (01343 563073) must be informed as soon
as possible after a serious incident occurs, ie, a death, serious notifiable injury or any other
incident that could be considered significant to the operation of a service.  In addition, the
Head of Service and the Communications Officer (01343 563601) should be contacted. 
Depending on the severity and type of incident the Head of Service should consider notifying
the Chief Executive and the Local Councillors. 
5.6. The HSE will also need to be notified immediately under RIDDOR where a death or serious
notifiable injury occurs.  This must be done as soon as possible after the incident by phone
(0345 300 9923, Monday to Friday 0830-1700). The MAIB should also be informed for any
serious incident involving a vessel or personnel on board a vessel by calling 023 8023 2527. 
5.7. If an incident occurs outside these hours the HSE Duty Officer should be contact by phone
(0151 922 9235):
• following a work-related death;
• following a serious incident where there have been multiple casualties;
• following an incident which has caused major disruption such as evacuation of people,
closure of roads, large numbers of people going to hospital etc. 
All other out of office hours incidents are to be reported on line 
(www.hse.gov.uk/riddor/index.htm)  (http://www.hse.gov.uk/riddor/report.htm#online) 
5.8 When out of hours incidents detailed in paragraph 5.7 have occurred, it is important that a
member of the Council’s SMT is notified, the duty senior officer can be contacted via
Cameron Park Brae on 01343 556102. 
5.9   The harbourmaster or his assistant who observes or is made aware of any event involving a
discharge or probable discharge of oil, or the presence of oil in the sea shall without delay
report the event or presence of oil to HM Maritime and Coastguard Agency (MCA). 
5.10 In the first instance contact should be made with the MCA in Aberdeen to inform them on
01224 597900. 
5.11 Second stage is to complete a Post Incident Report on the MCA form and submit to the
Counter Pollution and Salvaging Officer for Scotland and Northern Ireland.  A blank Post
Incident Report Form is stored electronically in the incident file. 
6. Internal Incident Reporting 
6.1. All incidents that come under the remit of this procedure must be formally reported by
completing an Internal Incident Reporting form. 
6.2       An Internal Incident Report form (SMS8.1) must be completed as soon as possible after the
event so that an accurate account of what happened can be gained.  Copies should then be
sent to the Section Head and the Health & Safety Section within 10 days. 
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6.3.       These forms can be found on the Intranet homepage under the Forms link.  Forms should be
completed by the relevant line-manager unless the incident involves a minor injury or near
miss, in which case it may be done by the affected person. 
7.      RIDDOR and other agencies 
7.1 Deaths, notifiable serious injuries and injuries involving more than 7 days off work are
reportable under RIDDOR where staff are involved, as are certain injuries to non-employees,
some occupational diseases and particular dangerous occurrences. (See SMS7.1for guidance) 
7.2 Incidents involving people not at work may also be RIDDOR reportable, if they are (1) injured
as a result of something the Council has or has not done, and (2) needed to be taken to
hospital as a result. (See SMS7.1 for guidance) 
7.3 All non-fatal / major injury RIDDOR reportable incidents must be reported to the HSE's
Incident Contact Centre, on line (www.hse.gov.uk/riddor/index.htm). 
7.4 RIDDOR incidents involving contractors must be reported by their own employer and not the
Moray Council.    Where a self-employed person is working under the control of the Moray
Council, however, that person should be treated in the same manner as a member of staff
for the purposes of this procedure. 
7.5 Accidents, including serious injuries, should be reported to the MAIB by the quickest means
possible. This is so that the MAIB can decide whether to investigate the accident without
delay, and to prevent evidence of all types being lost or decaying.  MAIB should be called on
023 8023 2527 in the first instance and followed up with the online Accident Report Form 
(https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/494276/A
ccidentReportForm-ElectronicFormV2.pdf) 
7.6 The MAIB (Marine Accident Investigation Branch) are an independent unit within the
Department for Transport with 4 investigation teams and they investigate marine accidents
involving UK vessels worldwide and all vessels in UK territorial waters.  They do not apportion
blame or liability but look for ways to prevent further avoidable accidents from occurring. 
7.7 The MAIB should be notified if anyone dies as a result of an accident, suffers an injury or is
lost or falls overboard.  If the incident involves a vessel and causes loss of life, major injury,
material damage, is abandoned, damaged by fire, has a collision, is disabled, causes serious
pollution or is involved in a near miss then it should be reported.  This list is not exhaustive
and if further clarification is required the MAIB should be contacted. 
8.       Record Keeping 
8.1 Original copies of incident forms must be kept within the office from which they were sent. 
They should be stored within a secure Incident Reporting file, which constitutes the unit's
"Accident Book". 
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8.2 The HSE will send reports of incidents that they have been notified about and these should
be appended to the corresponding Internal Incident Report form. 
8.3 Original copies of incident reports must be kept on file for at least 3 years.   Note that
incident reports involving children must be kept for at least 3 years after their 18th birthday. 
8.4 Section Heads need to be able to monitor incident trends and should therefore collate details
of incidents that occur within their area of responsibility.  These details can be kept
electronically rather than in the form of stored paper records. 
9.       Investigation 
9.1. All incidents must be investigated.  The extent of the investigation should be in direct
proportion to the seriousness of the occurrence.  (See SMS7.1 for guidance) 
9.2.    The Health & Safety Section can decide to undertake an independent investigation if they
believe the circumstances warrant this, as can the HSE if they receive a RIDDOR report that
gives them particular concern.  Staff affected should provide all necessary co-operation
should this occur.
9.3 Investigations will be carried out by suitably trained personnel including area/equipment
specialists if required.  The aim of all investigations will be to find the systems failure that
created the situation and to ensure that suitable remedial actions are taken to ensure that
the incident does not happen again.  
10.         DEFINITIONS 
10.1  INCIDENT:  An unplanned, unpremeditated happening which leads to injury or loss, or could 
have led to injury or loss.  Examples include: 
▪ Groundings, strandings, founderings
▪ Collision or contact with other vessels or craft, navaids, other fixed objects, significant
debris or persons in the water
▪ Hard landings against quays, damage to quays and/or vessels
▪ Injury to personnel, falling into water, drowning, other fatality
▪ Significant equipment or propulsion failure on vessels
▪ Other damage to vessels, or property, including wash damage
▪ Other incidents which may result in loss or litigation. 
10.2  ACCIDENT:  An incident, which causes injury and/or damage. 
10.3 DANGEROUS OCCURRENCE:  A serious occurrence which does not necessarily   result in a
reportable injury, but which has the potential to do significant harm. 
10.4 NEAR MISS:  An occurrence which does not result in injury or loss, but which has the
potential to do so.
• Close quarters situations with other vessels/craft or persons in the water
• Vessel equipment or propulsion failure with the potential to cause an incident
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• Personnel errors with the potential to cause an incident 
10.5 OCCUPATIONAL ILLNESS: Illness or medical condition caused by factors within the workplace. 
10.6 RIDDOR: Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995. 
ACCIDENT BOOK (BI 510): HSE book for recording the details of accidents in the workplace.  It is not a
requirement to use a BI 510 Accident Book to record accidents in the workplace.  However, if one is not
used, the information recorded in it must be recorded in an alternative manner.  The Moray Council’s
Internal Incident Report Form, when completed fully, meets this requirement and storing it in a secure
file constitutes an "accident book"11 Incident and Near Miss Summary 
YEAR: HARBOUR:
NO DATE INCIDENT TYPE CAUSE FOLLOW –
UP?
YES/NO
DATE
CLOSED
OUT
NOTES       
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14 PERMIT TO WORK 
Introduction 
In order for us to create a safe working environment for all our staff and contractors at Buckie Harbour,
a Permit to Work System has been developed to control certain types of hazards and risks.
The contents and elements of this system reflect the principles and intent as laid out by the Health and
Safety Executive. 
Scope 
This permit to work system is applicable to all works being carried out at any of our harbours (Burghead,
Hopeman, Buckie, Findochty, Portknockie and Cullen) and by all personnel including Moray Council staff
and contractors. 
Responsibilities 
Person in Control of Work – This is the person in charge of the work.  On some occasions the person in
charge will be the task supervisor but other times it will be the project leader.  An individual who is
named in the appropriate section of the
permit, and approved by an authorised person is the designated Person in Charge, and is responsible for
ensuring that work is undertaken safely and efficiently within the limits of the permit, including: 
▪ accurate completion of the permit form
▪ obtaining the appropriate level of authorisation
▪ understanding of the work and associated Company procedures
▪ compliance with all written precautions
▪ adherence to safe working practices at all times
▪ informing all affected persons before the start of the work
▪ ensuring the work area is left in a safe, clean condition at each stop, shift change, or on
completion
▪ clearing all tools and equipment from the work area on completion
▪ properly briefing those who will continue the work at a shift change with regards to the work,
necessary precautions, procedures and requirements of the permit
▪ accurate completion of the form when the work is finished and the return of the permit to the
harbour office. 
Harbourmaster – The Harbourmaster (including the Assistant) is the authorised person who will give the
approval for the work to be carried out.  They will ensure that the PTW is filled in correctly and that
there is a copy of the JSA, Risk Assessment or Method Statement and proof of Third Party Liability
Insurance with the permit.  The Harbourmaster will note down any potential conflicting operations that
will be taking place within the harbour that day.  When possible the Harbourmaster or his appointee will
inspect the worksite prior to signing off the permit to ensure it has been left in a safe and tidy condition. 
Harbour Assistants – In the absence of the Harbourmaster, the Harbour Assistants (sometimes referred
to as Watchmen) take on the role of authorised person with the same responsibilities to ensure that
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there are no conflicting operations and that the PTW and JSA etc. are in place and correct.  Harbour
Assistants can sign off a permit which was signed on by the Harbourmaster. 
Contractors – All contractors will be vetted by their own company for suitability to carry out the task
safely prior to arrival on site,  including  the appropriate level of training and competence.  It is the
contractor’s responsibility to ensure that they are following their own company’s rules and those of the
harbour.  The person in charge will brief the Harbourmaster on the task and safety considerations to
ensure that all risk has been minimised. 
Harbour Users – All harbour users are subject to this same procedure for safe work.    Where work is
being undertaken on a vessel alongside, it may not be appropriate to issue a PTW. Each case will be risk
assessed individually. 
When a permit is required 
Prior to undertaking any work, personnel must determine if a permit is required.  This is determined by
reference to the section below but may also be required by the Harbourmaster even if it is not listed. 
Work Which Requires a Permit 
Work requiring a permit falls into two basic categories as defined below: 
1. HOT WORK: Work involving open flames or other sources of ignition, or which may have a potential
source of ignition. 
2. COLD WORK: Other work listed in this section and work that presents a significant hazard, but no
source of ignition 
Work considered “Hot Work” that requires a permit includes, but is not limited to:
▪ work involving open flame
▪ grinding 
▪ electric arc welding
▪ any work involving explosives
▪ use of powered wire brushes or work that can cause sparks
▪ needle gunning
▪ shot blasting, grit or high pressure water blasting
▪ work involving high voltage electrical equipment
▪ work on “live” electrical equipment including switching, testing, fault finding or other work
exposing personnel to live cables, connections or exposing equipment to a hazardous
atmosphere
▪ work that may cause an unintended or uncontrolled hydrocarbon release, including
disconnection of pipework or equipment that contains  or has contained hydrocarbon,
flammable or hazardous materials 
Work considered “Cold Work” that requires a permit includes, but is not limited to:
▪ handling of any substance that could be hazardous to health, including toxic chemicals,
radioactive sources, asbestos, etc. This would not include normal routine operations such as
painting.  
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▪ removals of handrails, where an individual could fall 6 feet or more onto the ground or into the
sea
▪ diving operations
▪ work requiring entry into a confined space, tank or vessel
▪ any work which affects the operation of safety and emergency systems, including work on
detection systems, protection systems
▪ work required above an area where others will continue to work normally
▪ heavy or unusual lifts by  a crane, which are defined as anything over 50% of the total lifting
capacity of the crane or defined as a complicated or complex lift
▪ isolation of energy sources
Work Which Does Not Normally Require a Permit 
It is impracticable and unnecessary to have all work covered by a permit. Therefore, work not listed
above would not normally require a permit unless there is a deviation from the normal procedures or
the harbourmaster requests a permit to assist control of the work. A properly completed JSA, Tool Box
Talk, Risk Assessment or Method Statement should usually reveal the necessity for a permit. 
Authorisation 
The Harbourmaster (including the Assistant) is the only one who can authorise a permit and issue a
permit number.  
However if the Harbourmaster is not on shift at the time then a Harbour Assistant/Watchman can
authorise the permits apart from:
▪ Diving
▪ High Voltage Isolations
▪ Work on life saving equipment
▪ Working in an Asbestos contaminated building
▪ Any task where there is a risk to personnel undertaking the work and others in the immediate
vicinity.
▪ Any task where there are members of the public likely to be affected   
Planning 
This is the most important aspect in ensuring efficient control  of the work and communication between
all personnel involved in the work or affected by the work. Planning and preparation should be made in
advance, meetings held, and all aspects of the work, including policy, safe working practices,
procedures, precautions and methods identified, before a permit is obtained. Planning and preparation
of work requiring a permit must ensure all hazards have been identified, eliminated or controlled, and
risks minimised to as low as reasonably practicable. 
Identification and tracking of forms 
All permits will have a unique identifying number written on to the top left hand corner of the PTW
form.  This unique number will consist of the first 3 letters of the harbour name, the last 2 digits of the
year and then a sequential number.  This would mean that the first permit for a task at Buckie Harbour
would be BUC/16/01.  Regardless of the harbour the sequential numbers continue so the second permit
issued for a task at Findochty this time would be FIN/16/02.
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Permits for Burghead and Hopeman will be administered from Burghead and for Buckie, Findochty,
Portknockie and Cullen they will be administered from Buckie.  A permit log of what is happening and
where it is taking place will be maintained from these locations. 
Changes to the permit 
Once a permit has been approved no changes can be made without the authorisation of the
Harbourmaster.  These changes should be discussed with the Harbourmaster prior to being written onto
the form where the Harbourmaster will initial his approval onto the form. 
Validity of the Permit 
Permits are can be validated for a period of no longer than 7 days.  After that time a new permit will be
raised and approved.  If a permit was taken out for a period shorter that 7 days and it looks like that task
will run on, approval can be given to extend the permit but only up to 7 days from when it was issued. 
Temporary stoppage or suspension of work 
On occasion it is necessary to stop the work being carried out, this may be due to the weather
conditions, waiting for parts or many other reasons.  If the work is stopped for more than an hour, the
Person in Control of the work is responsible for letting the harbour office know of the suspension of
work.  If the suspension is for more than one shift, the permit should be returned to the harbour office. 
Lock, Tag and Try 
Electrical Isolations – Electrical isolations can only be carried out by an approved electrical engineering
company.  Moray Council has designated Campbell and McHardy as the company to deal with electrical
engineering issues at the harbours.  Moray Council electrical team deal with the other electrical items
such as street lights and Navigation lights.  They must at all times follow their company procedures for
isolations 
Mechanical Isolations – Mechanical Isolations are not commonly carried out around the harbour but
would include such things as isolating the water supply to a pier.  These can be carried out by any
approved person, approval will be given as part of the PTW process. 
When populating the Lock, Tag and Try part of the permit, write in a clear description of the piece of
equipment that is to be isolated and if possible where the isolation point is.  The Harbourmaster will
then approve the isolation.  The isolation is to be carried out prior to the permit being authorised fully.
Once the item has been locked out it is important to tag the item so that others can see the isolation
point, the piece of equipment isolated should then be tried to ensure that there is no residual power
going to it.  Failure to do so could result in any of the following hazards: 
power going to it.  Failure to do so could result in any of the following hazards: 
▪ Electrical shock
▪ Chemical exposure
▪ Skin burns
▪ Lacerations or amputations
▪ Fires or explosions
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▪ Chemical releases
▪ Eye injury
▪ Environmental Incidents
▪ Death 
Any de-isolation has to go through the same process as the isolation, write down the details on the
permit and get the de-isolation approved prior to de-isolating then closing the permit.  
If it is only a partial de-isolation this must be noted on the PTW and initialled as authorised by the
Harbourmaster. 
Permit Form Completion( 
• The Person in Charge of the Task will note down his/her name and some contact details as
he/she will be the main point of contact.  The project site / location or vessel name is to be
noted down then any of the other contractor supervisors whom may need to be contacted
about the task.  The start and finish times are the validity period so they can be no more than 7
days apart. 
• Next decide which type of permit you require and tick the appropriate box. 
• Under the job description put down as much details as you can regarding the task.  There will be
an associated JSA, Risk Assessment or Method Statement for the job and as a minimum the
headings from each of those should be noted down. 
• Note down all the equipment that will be used throughout the task.  ‘Hand Tools’ is not an
adequate description- please list all the tools required. 
• Conflicting or simultaneous operations will be noted down by the Harbourmaster and discussed
with the person in charge. 
• Ensuring adequate protection for members of the public is one of our main priorities in any task,
therefore it is important that site controls are considered during this process and will be
discussed between the Harbourmaster and Person in Charge. 
• Tick any of the appropriate boxes for safety equipment and PPE section.  Think carefully about
the requirements and ensure that any extra equipment required is noted down. 
• On the right hand side of the form is the authorisation section.  It is important that if the task is
complete, the box is ticked.  The permit is neither authorised nor closed if the appropriate
Harbourmaster signature is not there. 
• When the permit is authorised, a photocopy will be taken and given to the Person in Charge to
be kept at the worksite.  The original will be kept in the Harbour office.
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15 RECREATIONAL ACTIVITIES 
All the Moray Harbours are used for recreational boating.  At the four smaller harbours it is the principal
activity.  Buckie being principally commercial is the least active, with only passing yachts stopping in for
1 or 2 nights at a time.  Burghead was becoming more of a recreational port dealing with larger yachts
and launches but in recent years there has been an increase in the number of trawlers based at the
harbour catching prawn/shellfish.  This has meant that the number of recreational vessels has been
reduced.  At the other four harbours recreational boating includes use of sailing craft, launches and part
time creel boats.  Findochty and Portknockie have three pontoons each of varying length whereas Cullen
has one pontoon and they are for small craft. There is one long pontoon at Hopeman. All harbours have
some pier side berthing.  Areas of the harbour estate at Burghead, Findochty, Portknockie and Hopeman
are used by private individuals to maintain and repair boats. 
At all the harbours there is traditional, open, public access and a variety of water related activities take
place.  These include line fishing, beach swimming, boating and using the piers as jumping off points. 
The three easternmost harbours are used by speed boats, jet skis and water skiers.  The Byelaws place
restrictions on such craft and require all users to proceed at such speed as not to endanger others.  A
maximum speed of 3 knots applies within all the harbours. 
The exposed approaches to all the harbours make the possibility of a vessel stranding or foundering in
bad weather, a potential event.  There is no practical means of implementing port closures for the
recreational harbours, as small craft may already be at sea. 
The Byelaws contain adequate powers to control recreational activities although with limited resources
locally, enforcement has to be by good example and promoting a culture of safe, considerate boating. 
Within the recreational harbours, small craft and swimmers present and may be may be obscured by the
piers.  Hence, harbour staff must encourage caution among boat operators to avoid collisions or
interations. 
Regattas, races and public events involving a number of craft within the harbours require 28 days
advance notice and consultation with the Harbourmaster.  In reviewing such proposals the
Harbourmaster will consider:
• Potential interference with other port activities
• Any interaction with anticipated commercial traffic
• Provision of safety equipment and safety boats
• Contingency planning in case of bad weather or an incident
• Competence and safety culture of the organisers.
• Is a suitable and sufficient risk assessment in place
• Is there suitable insurance in place 
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16 
APPENDIX A. PASSAGE PLANNING 
A passage plan will be produced and presented to the master of a vessel during pilotage tasks. 
Admiralty chart 1462 is for the Harbours on the North and East Coasts of Scotland and covers Buckie,
Burghead and Hopeman. 
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APPENDIX B. MORAY COUNCIL PROCEDURES 
There are many subjects covered throughout the SMS including the standardised forms to be used.  All
the following topics can be found by looking on Moray Council Intranet site available on all council
owned computers. 
5.1 – Hazardous substance Control
5.2 – Personal Protective Equipment
5.3 – Manual Handling
5.5 – First Aid
5.6 – Driving Safely
5.7 – Lone Working
5.8 – Hand Arm Vibration
5.14 – Working at height
5.15 – Confined Spaces
5.18 – Display Screen Equipment
5.19 – Promotion of Mental Health and Wellbeing (Stress Prevention)
5.20 – Musculoskeletal Disorder Management
5.21 – Asbestos Management
5.22 – Blood Borne Viruses 
7.10 – Ladders and Stepladders
7.15 – Noise
7.16 – Office Safety
7.20 – Dealing with work related violence
7.27 – Toolbox Talks Explained 
This list is in no way exhaustive and all the documents are living documents.  If there is an improvement
that could be made to procedures then contact the Health and Safety department to discuss. 
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APPENDIX C. MORAY COUNCIL HEALTH AND SAFETY POLICY
Health and Safety Policy Statement
INTRODUCTION
The Council operates a health & safety management system based on a widely accepted model for
ensuring we achieve the desired outcomes from our operations safely. The main elements of the
system are categorised as PLANNING, DOING, CHECKING and ACTING.  
PLAN
A critical part of the planning process is the Health & Safety Policy Statement which is contained on
the following page. This is what clearly defines the intention of the organisation as regards keeping
staff, sen/ice users contractors and the public healthy and safe.
The other main part of planning is formalising how the policy outcomes will be achieved in practice.
What needs to be done to eliminate or control the risks we face, who will carry out the required
actions, how the system will be resourced, what competencies are required and how the system will
be assured as adequate all need to be set down.  
DO
This is the part of the system that ensures that all risks are being dealt with in a sensible and
proportionate manner. It consists mainly of the risk assessment procedures but also deals with
implementation issues like prioritisation, communication, preventive and protective measures,
procurement of goods and services and maintenance.  
CHECK
This part of the system involves us monitoring the system in different ways to keep a close watch on
indicators which tell us about the efficacy of the risk control efforts. The main indicators are active
ones, such as formal checks that the risk control measures are being followed and reactive ones
such as proper investigation after system failures (ie : accidents) to gain an understanding of the
causes.  
ACT
In all the aforementioned monitoring exercises, learning and system improvement is the fundamental
purpose. A regular review of performance on a broad range of measures is required. Taking note of
what is going on in other organisations is also critical to accelerating the learning process.
A constant loop through the PLAN, DO, CHECK, ACT cycle ensures that the system remains
effective, and that people feel engaged in system improvement action.  
SAFER TOGETHER: EXPECTATIONS
We are a diverse organisation, facing many and varied risks; but we commit to identify them, assess
them and then eliminate or control them so that no one suffers injury, ill health or harm and losses
are minimised.
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We will strive to ensure the health and safety of our clients and service users in the delivery of our
services.
We will make sure everyone knows of the part they play in keeping themselves and others safe and
healthy.
We will provide and maintain safe and healthy systems of work, working conditions and work
equipment.
We will ensure employees receive adequate training to ensure employees are competent to do their
work We will engage and involve employees and their representatives in actions to stop accidents
and prevent any life limiting health effects.  
TO MEET THESE EXPECTATIONS
• A good quality risk assessment will be available for all jobs, activities, projects & plans.
• Everyone will be clear of the part they play in controlling risks
• Ways to eliminate or control the risks will be clearly defined.
• A sensible and proportionate approach will be taken to the management of risk.
• Everyone will have opportunities to enable their active participation in the health & safety
systems in operation
• Quick means of communicating problems or concerns will be available  
TO MAKE SURE THE CONTROL OF RISK IS SUSTAINED
• Safety check systems will be provided for workforce & managers to use.
• Any deviations from the desired safe state will be analysed and corrections made.
• Higher risk activities will be subject to regular audit and inspection.
• Information on monitoring results and improvement actions will be provided through
appropriate forums.
• Systems will be in place to ensure that action is taken promptly to address any defects found 
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APPENDIX D.  HARBOURS ENVIRONMENTAL POLICY 
GENERAL POLICY 
Moray Council harbours team are committed to protecting the environment and will conduct all
operations in a responsible manner in compliance with the applicable environmental laws and
regulations.   Moray Council Harbours recognise their environmental responsibility and will work
proactively at all times to minimise environmental impact and prevent pollution and the effects that its
activities can have on the environment.  Scottish National Heritage has designated areas of the Moray
Firth as a Special Area of Conservation (SAC) due to the population of dolphins and porpoises within and
some other areas are classed as a Special Protection Area (SPA) due to the number of birds with
European importance.   
OBJECTIVES 
▪ Continual improvements of our environmental habitat
▪ Foster environmental awareness and responsibility in employees, contractors, suppliers and
other harbour users.
▪ Train employees appropriately to raise awareness of environmental issues and utilise their
support in improving the performance of the team.
▪ Manage waste to minimise the impact on landfill sites and encourage all vessels to do the same
▪ Consult with the local community and community groups and organisations on their
programmes to ensure environmental considerations are in place
▪ Audit and monitor the management of environmental issues to identify opportunities for
improvement
▪ Maintain procedures and methods which aim to reduce the risk of accidental spills, emissions
and discharges
▪ Maintain emergency response procedures and methods for environmental protection 
Moray Council Harbours team recognise that to achieve the goal of operating environmentally sound
involves all employees and harbour users working together.  We all have the responsibility both morally
and legally to conduct activities with the protection of the environment as a priority.  
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APPENDIX E.  DRONE POLICY 
The operation of flying drones at the port of Buckie must only be done in compliance with the Civil
Aviation Authority (CAA website ) requirements and the Dronecode which sets out the regulations in
brief. This code confirms that drones with cameras must not be flown within a specified distance of
people, vessels or structures and cannot be flown over congested areas. 
In addition, Buckie Harbour must also be contacted and informed in advance of any activity involving
drone flying. 
Drone activity on a commercial basis requires the operator to be licensed by the CAA, Buckie Harbour
must be provided with prior confirmation and evidence that a licence is held, liability insurance is in
place and a risk assessment has been carried out. 
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APPENDIX F.  EMERGENCY PHONE NUMBERS 
Emergency Contact Details
Doctors Surgery (Ardach Health Centre) 0345 099 7200
Seafield Hospital 01542 832081
Dentist (8 to 8) 01542 833087
Dentist Emergency 0845 4565990
Police Scotland Emergency – 999 Non-Emergency - 101
Any Emergency 999
Coastguard (Aberdeen) 01224 592334 
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APPENDIX G.  HANDLING OF DANGEROUS GOODS 
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Appendix H  Competency Assessment 
Competency Standard  Completed
(date)
Assessor Signature
Acquire the relevant factual information
regarding the vessel, including defects and if
the vessel has been to Buckie before.   
Consult charts, tidal and hydrographic
information and weather forecasts. Know
how these will affect your duties   
Clarify any other factors which may affect
the passage or berthing such as other vessel
movements within the harbour.   
Prepare the Port Passage Plan using the pre-
arrival documentation and anything else it is
felt should be obtained   
Monitor the data that helped form the plan
and amend as required   
Recognise and act upon changed
circumstances (i.e. weather or emergencies)   
Provide satisfactory descriptions/definitions
for numerous nautical terms related to
pilotage duties (i.e. Hydrodynamics) and
Harbour specific terms (i.e. coastal
topographical features)   
How to assess the levels of stress and
fatigue and the potential impact of stress
and fatigue on individual capability   
Safely embark and disembark the vessel 
Assess the standards on the vessel 
Work and communicate effectively with the
bridge team   
Maintain effective communication with the
port   
Ensure safe movement in harbour and
approaches   
Respond to problems and emergency
situations   
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APPENDIX 2
MORAY HARBOURS SAFETY MANAGEMENT SYSTEM PAGE 69 OF 69
ISSUE A REV 07 AUGUST 2022 
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REPORT TO:    ECONOMIC DEVELOPMENT AND INFRASTRUCTURE 
SERVICES COMMITTEE ON 4 FEBRUARY 2025 
SUBJECT: OVERNIGHT STAYS BY CAMPERVANS AND MOTORHOMES 
BY:  DEPUTE CHIEF EXECUTIVE (ECONOMY, ENVIRONMENT AND
FINANCE) 
1. REASON FOR REPORT 
1.1 To inform committee of the current position regarding overnight stays for
campervans and motorhomes on Council owned land, and, to seek approval
to consult with local communities on how overnight parking should be formally
managed and the suggested roadmap for progressing this issue. 
1.2 This report is submitted to Council in terms of Section III (F) (11) of the
Council's Scheme of Administration relating to exercising Council functions in
relation to Open Spaces and section (28) the promotion of tourism in Moray. 
2. RECOMMENDATION 
2.1  It is recommended that Committee: 
(i) consider and note the background information relating to
overnight stays by campervan and motorhomes; 
(ii) approve the list of sites at paragraph 11.2 to be considered as a
designated car park for overnight stays for campervan and
motorhomes; 
(iii) approve that a consultation exercise is undertaken with local
communities to obtain information on how local communities feel
overnight stays should be managed; 
(iv) approve that the findings of the consultation are presented to a
future meeting of this Committee for members to consider and
decide how overnight stays should formally be managed in Moray
on Council owned land; and   
(v) approve the suggested roadmap for progressing an overnight
stays scheme. 
Item 6.
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3. BACKGROUND 
3.1 During the late summer of 2024 complaints were received relating to
unauthorised overnight parking in the car park at certain Open Space
locations.  In the absence of any formal approval permitting overnight stays at
these locations, and to address the concerns raised, signage already
approved and in use at certain locations around Moray, was erected advising
campervan and motorhome users that overnight parking was not permitted.  
3.2 The erection of the signage attracted the attention from locals/user groups
that were in support of the overnight stays. 
4. CURRENT PROVISION FOR CAMPERVAN/MOTORHOME SITES 
4.1 Currently there are no authorised locations for overnight stays for campervan 
and motorhomes on Council land.  The current commercial sites within Moray, 
such as those located at Findhorn or Cullen, conform to the Councils 
‘Standards Approved by the Moray Council for overnight parking of 
Motorhomes’.  These standards stipulate the Council’s requirements for 
overnight parking and can be found here. 
4.2 The standards are in accordance with the Caravan Sites and Control of 
Development Act 1960. 
5. CURRENT PARKING AREAS FOR MOTORHOME VEHICLES ON
COUNCIL LAND 
5.1 Parking areas are available in Moray to drivers of motorhome vehicles.  These
areas are for parking only and prohibit sleeping, camping and cooking.  The
designated car parks available for motorhomes are: 
• Lossie Green Car Park Elgin, IV30 1RJ
• Keith Lorry Park, AB55 5HJ 
6. CURRENT CAMPERVAN WASTE DISPOSAL POINTS 
6.1 The Council currently provides free waste disposal points for campervan and
motorhome waste at the following locations: 
• Ballindalloch Toilets, Ballindalloch.
• Fiddich Park, Craigellachie
• Burghead harbour, Burghead 
7. BENCHMARKING 
7.1 A benchmarking exercise has been undertaken to understand how overnight
stays for campervans is managed in neighbouring authority areas.  This has
been summarised in the table below (there was no information available on
Aberdeenshire or Aberdeen City websites): 
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Authority Scheme Facilities Restrictions Included
benefits of the
scheme
Highland
Council
Highland
Campervan
and
Motorhome
Scheme:
Voluntary
scheme open
to anyone
staying at any
site in their
network of
dedicated
overnight
carparks.
Current cost is
£40 for a 7
day
membership.
Parking
only
• Use of
outdoor
tables, chairs
and awning is
not permitted
• Overnight
parking is
available from
10pm to 8am
• There is a no
return policy
in place at
each car park
for 72 hours
• All activities
must be
contained
within the
vehicle
• Use allocated
bays when
provided
• Ensure
wastewater is
disposed of at
official site
• Inclusive
overnight
parking
across the
network of
dedicated
sites
• Contribution
to the High
Restoration
Fund
• Direct
investment
for
sustainable
tourism
• Free daily
access to
showering
and
changing in
an High Life
Highland
Leisure
location
Forestry and
Land Scotland
Operate a
‘Stay the
Night’ system
for self-
contained
motorhomes
and
campervan.
Car parking
charges apply-
£7 for the
majority of
places. 
Dependant
upon site
but range
from
parking
only to
provision of
waste
disposal
point. 
• Parking is
permitted for
one night only
• Restriction on
numbers
permitted.
• Minimum 4m
between
parking.
• Payment is
through 
RingGo.
• Overnight
hours are
6pm to 10am.
• No use of
generators – 
• Use of own
self-contained
toilet facilities
inside the
vehicle only.
• No blocking of
any gates or
trails.
• No parking on
verges.
• 
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Authority Scheme Facilities Restrictions Included
benefits of the
scheme
• No fires or
barbecues.
• All rubbish to
be taken
away
• Noise levels
kept down,
especially
between 10
pm to 7am.
• Dogs kept on
a lead or
under close
control 
8. PROPOSED SCHEME FOR OVERNIGHT STAYS FOR CAMPERVAN AND
MOTORHOMES IN COUNCIL DESIGNATED CAR PARKS 
8.1 The potential economic benefits to local communities through permitting
overnight stays could be significant.  The principle behind considering the
options available to facilitate overnight stays on Council designated sites is
not to compete with the current commercial providers, or provide facilities for
long stay holidays, but more to provide for on-the-go type overnight stays,
within designated parameters, which can support and facilitate sustainable
tourism within Moray, pending support from the local communities. 
8.2      Whilst a scheme is still to be developed, it is envisaged that any scheme for
overnight stays on designated sites would provide a positive contribution to
sustainable tourism and would follow the principles of the Forestry and Land
Scotland model, for example: 
• Overnight parking only 
• Only self-contained motorhomes/campervans with onboard facilities will be
allowed to use the sites
• Restricted to one night only
• Overnight stays would only be permitted at designated car parks
• There would be no provision of waste disposal points
• Setting up of benches, chairs and awnings would not be permitted
• Overnight parking charges would apply 
• Restriction on numbers to a maximum of 2 campervan/motorhomes-
dependent upon the site this could be 1 vehicle 
8.3  This approach is considered to be the most economical scheme to implement. 
8.4 The proposed overnight fee would be in the region of £7 to be comparable to
other local overnight stays provided by Forestry and Land Scotland. 
Payments would be made using the Councils current ‘pay by phone’ parking
app. 
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8.5 Whilst staying overnight would be chargeable, in the first instance this would
be reliant on goodwill.  The Council could have enforcement powers, but the
actual cost of enforcement is likely to be prohibitive. 
8.6 Signage would be erected at the locations to inform site users of the following: 
• Information signposting local campsites with facilities
• Information on Council toilet and waste disposal points
• Responsible behaviours and the conditions of staying overnight. 
8.7 In addition the information on the Council’s website would be amended to
promote overnight stays and the suitable locations. 
9. REGULATORY ISSUES 
9.1 Under section 11 of Schedule 1 of the Caravan Sites and Control of
Development Act 1960 a site licence shall not be required for the use as a
caravan site of land occupied by the local authority in whose area the land is
situated. 
9.2 Planning have advised that should a site be designated an overnight stay
location that planning permission would be required, on the basis of a ‘change
of use’.  The application would be classed as a ‘local’ development that would
likely be determined under delegated powers by Officers.  The planning
application cost would be £576 per site (on the basis the site area does not
exceed 0.1 ha), with a decision taking around 8 weeks from receipt of the
application. 
9.3 Guidance from Environmental Health is that if the Council wishes to allow
overnight stays for self-contained campervans and motorhomes in our
parks/lay-byes there would not be anything from an Environmental Health
perspective to prevent this. 
9.4 In order to be able to take enforcement action against non-payment for
parking, a car parking order must be placed on the site.  Therefore, any sites
which are designated for an overnight stay would need to first go through the
formal Car Parking Order consultation and approval process. Whilst income
would be generated from overnight stays, if the primary purpose is to balance
community interest and tourism, and payment in the first instance is reliant on
goodwill rather than enforcement, it is proposed that seeking car parking
orders is a secondary consideration of the scheme following its initial
introduction. 
10. Campaign for Real Aires UK (CAMpRA) 
10.1 CAMpRA is a UK-based organisation that aims to increase the number of
Aires in the country (the term aires is taken from the French ‘aire de camping-
car’ meaning a stopping place for campervans and motorhomes).  The
organisations website contains a lot of information with regards the best
practice and guidance on creating overnight locations for motorhomes and
campervans.  The website is  CAMpRA UK Ltd – Campaign for Real Aires UK 
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10.2 The document entitled ‘Guide to setting up an Aire’ provides advice on setting
up a site for self-contained caravans.  Guidance in this document would be
used if an overnight stay scheme is introduced in Moray. 
10.3 The guidance from CAMpRA is that for self-contained units a parking distance
of 3m is recommended in line with the findings of a fire safety report which
they commissioned.   
11.  PROPOSED LOCATIONS FOR OVERNIGHTS STAYS FOR CAMPERVAN 
11.1 The intention would be to have a small number of sites, ideally with a
geographic spread around Moray.  However, given the vehicles would need to
park at least 3m apart the sites need to be able to accommodate such
vehicles without significantly restricting the overall capacity of the car park for
other site users. 
11.2 The proposed sites considered suitable as a designated overnight stay car
park for campervan and motorhomes are shown in the table below.  A map
showing the geographical spread of these sites is shown in Appendix 1. 
Number
on map
Car Park Area Proposed
number of
parking
spaces
Land owned or
leased
1 Cullen Links Cullen 3 Moray Council
2 Strathlene Buckie 3 Moray Council
3 Portgordon
Harbour
Portgordon 2 Three quarters
owned by
Moray Council
4 Station Car
Park
Lossiemouth 2 Moray Council
5 West Beach
Car Park
Lossiemouth 4 Leased
6 Burghead Car
Park
Burghead 2 Moray Council
7 Califer Hill
Viewpoint
Forres 2 Moray Council
8 Ballindalloch
Car Park 
Ballindalloch 2 Moray Council
9 Alice Littler
Park
Aberlour 4 Moray Council
10 Fiddich Park Craigellachie 3 Moray Council 
11.3 With regards the proposed sites, it is envisaged that only one site would be
provided in an area (ie in Lossiemouth).  This is proposed to be selected
based on the outcome of a public consultation. 
11.4 Whilst it is proposed that a total of 9 locations are included in an overnight
scheme.  As part of any consultation exercise, information on alternative 
locations that communities would like including in the scheme could be
obtained.  Any additional schemes would potentially need to be done as a
secondary development because of the need to seek planning permission.
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12. COST IMPLICATIONS 
12.1 Where a site to be designated an overnight stay location, the Council would
incur additional costs involved in setting up the scheme.  The estimated set up
costs for the overnight scheme are shown below: 
Element Cost
Planning Application £5760 (£576 per site)
Signage and demarcation of spaces £12,000  
Total £17,760 
12.2 The scheme will generate income and therefore will provide a return on the
investment.  Based on a charge of £7 and an anticipated achievable level of
overnight usage, it is projected that the cost of the scheme would be covered
within three years. 
12.3 The cost recovery model is calculated as follows: 
Cost (£17,760), divided by the charge (£7), divided by number of spaces (25),
divided by numbers of years (3 years), equals 34 night usage per year per
space.  This level of usage is deemed achievable over a year and so the
scheme is projected to be cost recoverable over 3 years. 
13. NEXT STEPS 
13.1 The table below outlines the suggested roadmap to facilitate the Council
having a formal scheme on low level overnight stays for campervan and
motorhomes at designated sites. 
Stages Action Stakeholders Timescale
1 Undertake a consultation with
the local communities (those
where a site has been
identified) to establish the
appetite for the provision of low
level overnight stays for
campervans and motorhomes.  
Consultation to consider:
• Are communities and
businesses in favour of
overnight stays for
campervan and motorhomes
in their area (the
consultation would include
the list of car parks so
participants could see site
located in their area).
• What are the perceived
• Community
Councils
• Local
Community
Associations
• Local Business
Forums/
Chamber of
Commerce
• Local park
groups
• Local resident
groups 
February/
March
2025
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Stages Action Stakeholders Timescale
benefits from permitting
overnight stays
• What are the perceived
negative issues from
permitting overnight stays 
•  •  
3 Report to ED&I in April 2025 to:
• Inform committee of the
results of the consultation
• Set a proposed charge for
overnight stay (indicative
charge of £7). 
and to seek approval to
progress in accordance with the
findings of the preliminary work.
• Service
Manager
(Environmental
Protection)
April 2025
4 Submit planning application • Service
Manager
(Environmental
Protection)
• Planning
Department
Commence
May
5 Report to Full Council to seek
approval of the overnight stay
charge and the additional funds
needed to deliver the scheme
(Indicative charge of £7) and
the additional funding required
for the signage.
• Service
Manager
(Environmental
Protection)
May 2025
6 Arrange for signage and
demarcation to be undertaken
on site
• Service
Manager
(Environmental
Protection)
To be
determined 
13.2 Dependent upon on the outcome of the various stages within the roadmap,
there may be some slippage on the timescales.  If possible, it is intended to
have a formal overnight stay scheme at designated sites in place for the start
of the summer holiday season of 2025. 
14. RISKS 
14.1 There is a risk that the results from the community consultation may not be
conclusive or find that there is a desire for overnight stays within the
community. 
14.2 Given the number of different stages that need to be completed there is the
risk that a formal scheme may not be in place for the start of the 2025
summer holiday season.  
15. PROS AND CONS OF HAVING A SCHEME IN PLACE FOR OVERNIGHT
STAYS AT DESIGNATED SITES 
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15.1 The pros and cons associated with having a scheme in place for overnight
stays for campervan and motorhomes are shown in the table below. 
Pros Cons
Would mean the Council has a
formal scheme and designated
parking for overnight stays for
campervan and motorhomes.
May increase visitor numbers which
some residents may not like
Would provide tourists with dedicated
sites to plan their journeys
Would restrict the availability of car
parking spaces for other site users
Provision of designated overnight
parking could attract visitors to an
area so boosting the local economy
Potential costs associated with
implementing an overnight stay
scheme include:
• Signage
• White lining
Could generate income for the
Council which could be used to
support or finance monitoring of the
scheme
Could increase workload for other
Council teams, ie setting up Car
Parking Orders, Enforcement of non
payments
Potential to include designated sites
into the Councils current Mobile App
for making car park payments 
Payment would be by card only so the
method of payment would be limited 
Might increase demand on services if
infrastructure or resources aren’t there
to support a new approach - e.g.
waste management , maintenance of
car parks, toilets, water supply etc 
Scheme would be limited to only a
small number of suitable sites 
16. SUMMARY OF IMPLICATIONS 
(a) Corporate Plan and 10 Year Plan (Local Outcomes Improvement
Plan (LOIP))
A consultation on whether the Council should implement a formal policy
positon on overnight stays for campervans and motorhomes meets
aligns with the corporate plan with regards to building a thriving, resilient
empowered communities. 
(b) Policy and Legal
The report sets out an approach to balance different policy interests
regarding building a stronger economy, encouraging tourism, and our
approach to places and communities.  There are various legal and
regulatory factors which are set out in detail in the report. 
(c) Financial implications
Should the scheme proceed and expenditure exceed income:
When the Council approved the budget for 2024/25 on 28 February 2024
(paragraph 7 of the Minute refers) it balanced only by using reserves.
The indicative 3 year budget shows a likely requirement to continue to
make savings in the order of £13 million in the next two years.  All
financial decisions must be made in this context and only essential
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additional expenditure should be agreed in the course of the year.  In
making this determination the committee should consider whether the
financial risk to the Council of incurring additional expenditure outweighs
the risk to the Council of not incurring that expenditure, as set out in the
risk section below and whether a decision on funding could reasonably
be deferred until the budget for future years is approved.  The final
decision on expenditure will be made following the consultation process.
As set out above the scheme is indicated to be financially positive over
three years. It should also be noted that one third of the costs relate to
planning fees which are an internal transfer of funds within the council. 
(d) Risk Implications 
The risk implications arising directly from this report are that the result
may not be conclusive and opinions may be split across communities
with regards to whether overnight stays are considered acceptable within
an area. 
Without a clear and consistent position on campervan/motorhome
overnight stays we will not have a management framework in place to
manage this issue and to support communities deal with the increase in
motorhome activity. 
(e) Staffing Implications
There are no staffing implications arising directly from this report. 
Although there could be resource and staffing implications in the future
dependant, upon whether a formal policy is adopted, and how this is
monitored and managed.   
(f) Property
There are no material property implications arising from this report. 
(g) Equalities/Socio Economic Impact
There are no equalities implications or implications for the socio-
economic duty arising from this report.   
(h) Climate Change and Biodiversity Impacts
There are no specific climate change or biodiversity impacts arising from
the report. 
(i) Consultations
The Depute Chief Executive (Economy, Environment and Finance),
Head of Environmental and Commercial Service, Legal Services
Manager, Head of Financial Services, Equalities Officer, Principal
Climate Change Strategy Officer, Property Asset Manager, Principal
Planning Officer, Principal Environmental Health Officer, Open Space
Manager, Senior Engineer (Transportation), Senior Administration
Officer (Environmental Services) and Democratic Services Manager
have been consulted and their comments incorporated into the report. 
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17. CONCLUSION 
17.1 Committee is asked to note the background information relating to
overnight stays by campervan and motorhomes. 
17.2 Committee is asked to approve the list of sites to be considered as a
designated car park overnight stays for campervan and motorhomes. 
17.3 Committee is asked to approve that a consultation exercise is
undertaken with local communities to obtain information on how local
communities feel overnight stays should be managed. 
17.4 Committee is asked to approve that the findings of the consultation are
presented to a future meeting of this Committee for members to
consider and decide how overnight stays should formally be managed
Moray on Council owned land.   
17.5 Committee is asked to approve the suggested roadmap for progressing
an overnight stays scheme. 
Author of Report: Paul Wolverson, Service Manager 
Background Papers: 
Ref SPMAN-524642768-1197
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Proposed Overnight Parking Locations
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APPENDIX 1
Item 6.
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REPORT TO:    ECONOMIC DEVELOPMENT AND INFRASTRUCTURE    
SERVICES COMMITTEE ON 4 FEBRUARY 2025 
SUBJECT: UPDATE ON THE USE OF GLYPHOSATE 
BY:  DEPUTE CHIEF EXECUTIVE (ECONOMY, ENVIRONMENT AND
FINANCE) 
1. REASON FOR REPORT 
1.1 To inform Committee of the current position with regards the legal use of
glyphosate and provide an update on the Council’s pathway to ceasing the
use of glyphosate 
1.2 This report is submitted to Council in terms of Section III (F) (11) of the
Council's Scheme of Administration relating to exercising Council functions in
relation to parks and open spaces and woodland management and
maintenance. 
2. RECOMMENDATION 
2.1  It is recommended that Committee: 
(i) note the contents and wider context of the report; 
(ii) consider whether to pursue option 1 or option 2 at para 9.4; 
(iii) if option 1 is preferred, and as there is no clarity on the duration of
the UK licence which may not be extended in line with the EU
position leading to repeated annual reports to council, agrees that
officers monitor the position and that, should a ban be introduced
within 3 years, authority is delegated to the Head of
Environmental & Commercial Services to take the necessary
steps (including the outsourcing of preparatory work) for the
Council to be compliant with a ban, noting that this will create a
budget pressure; 
(iv) if option 2 is preferred: 
(a)  consider whether the project specification in Appendix B
meets the requirements of the Committee and; 
Item 7.
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(b)  if the specification is agreed, agree to recommend to Moray
Council that an allocation of one-off funding of £50k from ear-
marked reserves for Council priorities is approved, to fund
external consultancy services to review the Council’s current
weed control methods and detail, through a report and
costed action plan, how the Council can phase out the use of
Glyphosate by 2025. 
3. BACKGROUND 
3.1 On 7 February 2023, this Committee considered a report on the Use of
Glyphosate (weed killer) in open spaces (paragraph 14 of the minute refers)
and agreed to: 
•  note that, although there are public concerns, Glyphosate is legally
approved for use in Great Britain until December 2025 and that it continues
to be the most cost effective and efficient method of managing weeds; 
•  approve the proposals to reduce the use of Glyphosate through a managed
approach in certain settings, and note that, whilst these can be introduced
without additional cost, a greater presence of weeds and longer vegetation
would need to be accepted and tolerated within the environment. 
3.2 At the meeting on 7 February 2023 the Head of Environmental and
Commercial Services advised the Committee that a budget would be required
to resource the preparation of a report detailing how glyphosate will be
phased out by 2025, and that approval would need to be sought from Moray
Council given that there is no allocated budget to do this, nor any internal
capacity or expertise to undertake such a study. 
3.3 A further report on the use of glyphosate was presented to this Committee on
6 February 2024 (para 12 of minute refers).  The report presented an update
on the Council’s usage and two options for committee to consider with
regards the use of glyphosate.  As detailed in option 2, the report once again
identified that additional resources would be needed to produce a costed
action plan to transition away from the use of glyphosate.  Option 2 also
provided an estimated cost of procuring external resource and provided a
scope for a project brief.     
3.4 Committee approved Option 1, which recognised the significant progress that
has been made by the Open Spaces team with regards reducing the usage of
glyphosate, and that there were challenges with making further progress, and
as such deferred further action to review the regulatory landscape (ie to see
whether there is the potential for an extension to licensed use beyond 2025 as
is now the case in Europe) and progress made by other organisations which
would inform our working practices, costs to determine our own pathway to
cease use and decision making.  In the intervening period Officers would
continue to work proactively across its partner networks to keep abreast of
alternative methods and encourage collaboration on the alternative solutions. 
4. UPDATE ON REGULATORY POSITION ON THE USE OF GLYPHOSATE 
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4.1 The current regulatory position in the UK is that the licence to use glyphosate
is up for renewal in December 2025 and it is not yet known whether this will
be renewed or amended. 
4.2 The use of glyphosate was extended for the use in the EU for a further 10
years.  The current licence is due to expire in December 2033.  There were
some amendments to its usage as part of the licence extension.   
5. USE OF GLYPHOSATE BY THE COUNCIL 
5.1 The Council has made significant progress with regards reducing the use of
glyphosate.  In 2023/24 the Council reduced the amount of glyphosate used
by 993.5 litres equating to a 51% reduction.  In the 2024/25 858.5 litres were
used which equates to a further reduction of 10% compared to the previous
year and an overall 56% reduction since 2022.   
5.2 The Council uses glyphosate in relation to the following activities: 
Area Activity Section
responsible
for the land
Amount
used as an
estimate of
the overall
total
Cemeteries • Twice yearly spraying
around headstones
• Spraying of car parks
• Spraying of path surfaces
Open Spaces Low
Parks and
Open
Spaces
• Spraying around fence line
and at the base of walls
• Spraying of hard surface
path edges
Open Spaces Low
Play Areas • Bark safety pits Open Spaces Low
War
Memorials
• Twice yearly at the base of
the memorials and on paths
Open Spaces Low
Other • Invasive weed control Open Spaces Low
Adopted
highway
• Twice yearly spray of the
adopted highway
(pavements and alleyways)
in the main urban areas
only- not applied to rural
verges. Spraying of the
kerb edge and back lines of
the pavement.
Roads High
School
Grounds
• Spraying of shrub beds,
hard surfaces, obstacles to
grass cutting, paths and
fence lines (applied during
school holidays)
Education Medium
Housing
Areas
• Spraying of housing
gardens upon request
Housing Low 
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Area Activity Section
responsible
for the land
Amount
used as an
estimate of
the overall
total
Harbours • Spraying of hard surfaces
and paths
Transportation Low 
5.3 Herbicides are applied using pressurised sprayers (knapsacks) and
Controlled Droplet Applicators (CDAs).  Operatives are trained in the safe use
and application of herbicides and comply with the Code for the Safe Use of
Pesticides and Control of Pesticide Regulations.  Product labels guide
operatives on approved use and application rates alongside product Safety
Data Sheets and our own operational risk assessments and COSHH (Control
of Substances Hazardous to Health) assessments.   
5.4 The cost for 2024/25 for weed control across Moray is in the region of
£158,000 (glyphosate, staff, vehicle, equipment costs etc).  The Council on 28
February 2024 approved reducing its glyphosate budget by £8,000 in 2024/25
following the previous achievements in 2023/24 in reducing its usage. 
6. ALTERNATIVE PRODUCTS AND OPTIONS 
6.1 A list of alternatives products and practices to weed management is shown in
Appendix A.  These are the products and practices that have been trialled or
implemented across other authorities. 
7. LEARNING FROM OTHERS; LOCAL AREA CASE STUDIES 
7.1 Since last reported to this Committee in February 2024, officers have
continued to research and network with other local authorities and keep a
watching brief with regards the alternative options to glyphosate. 
7.2 In November 2024 responses to an Association for Public Service Excellence
(APSE) network request showed that a number of local authorities across the
UK have trialled alternative control methods, such as foam, brine, steam,
burners and increasing sweeping.  The responses suggested that the results
were not as effective in controlling weeds and resulted in additional costs, and
increased emissions in some situations. 
7.3 In the spring of 2021, Cardiff Council commenced a trial, focusing on
pavement treatment, and commissioned an independent assessment of the
process and outcomes through Advanced Invasives Ltd, a leading invasive
plant consultancy in the UK.  The trial sought to determine the environmental,
cost, customer and quality factors associated with the use of Glyphosate and
eco-friendly alternative products.  The alternative products used in the trial
were acetic acid (a highly concentrated vinegar) and hot foam (a plant-based
product which combines hot water with a biodegradable foam). 
7.4 The table below summarises the outcomes from the trial measured against
the four key criteria. 
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Control
Method
Cost Environmental Customer Quality
Glyphosate Low Low High High
Acetic Acid Medium Medium Low Low
Hot Foam High High High High 
7.5 The trial concluded that, based on the key criteria, the glyphosate based
product used provided the most effective and sustainable weed control.  Hot
foam was proven to be effective but unsustainable, with acetic acid ineffective
and unsustainable.  In terms of cost, it was anticipated that the use of acetic
acid would increase the cost of weed control by 667% and the use of foam
increasing it by 1000% 
7.6 The trial found that glyphosate has a smaller overall environmental footprint 
and was reported to also be the least expensive product tested and ranked
highest for customer satisfaction (Source CARDIFF COUNCIL January 2023). 
The use of glyphosate resulted in less use of water and/or fossil fuels than the
products used in the trial.   
7.7 In 2019 Brighton and Hove City Council made the decision to discontinue the
use of glyphosate in its parks and on hard surfaces, opting instead for manual
weed removal methods, foam-stream and hot water.  However, these
methods proved to be unsuccessful, leading to damage to footpaths and
drainage from uncontrolled weeds.  Recently, the Council reversed its
decision and approved the use of glyphosate for weed control in 2024.
(Source: https://www.brighton-hove.gov.uk/rubbish-recycling-and-
streets/streets/managing-weeds) 
7.8 At East Sussex County Council the Highways team trialled several alternative
maintenance techniques for weed control including foam stream, reactive
maintenance (only dealing with safety issues) and collaboration with district
council road sweeping and strimming teams.  They also considered other
options including Acetic acid, flame guns, weed rippers and manual pulling.   
7.9 The option of not controlling weeds at all was considered, but there was
considerable evidence around the negative impact this would have on the
highway infrastructure and the ability of the County Council to provide a safe
and useable highway network for the public.  The trial highlighted that at
present, effective and affordable alternatives to weed control had not been
identified. (Source: Weeds | What we do - Vegetation |
live.eastsussexhighways.com) 
7.10 The research on alternative methods undertaken as part of the East Sussex
trial is shown here.  The research identifies the limitations and concerns
associated with the alternative methods. 
7.11 In December 2024 a committee report reviewing East Renfrewshire’s use of
glyphosate was published. The report can be found here.  The report outlined
the initial findings of alternative weed control solutions, with glyphosate being
the current preferred pesticide for continued effective weed treatment.  The
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report also highlighted the implications for increased resources with regards a
wider rollout of alternate approaches to weed control. 
8. HIGH LEVEL COST IMPLICATIONS FOR MORAY 
8.1 As indicated the weed control function for 2024/25 cost around £158,000.
Whilst the cost correlation may not be the same as Cardiff Council, the
implications that a change to alternative methods would increase the cost of
weed control for the Council is a credible assumption, based on all the
evidence available. 
8.2 As a cost comparison exercise, the cost of transitioning to an eco-friendly
product based on pelargonic acid (naturally occurring element in plants and
naturally dries out weeds) has been undertaken.  The product is a non-
selective contact herbicide.  The research of the product suggests that the
effect on the weeds is not long lasting (affects the above surface growth only
and not the root system) and, twice as many applications will be required to
achieve an acceptable level of weed control comparable to that what would be
achieved through the use of glyphosate. 
8.3 Initial findings suggest that a transition to a pelargonic acid product would
increase the weed control activity costs to around £386K, which equates to
around a 143% increase.  For the purpose of this exercise, it is assumed that
existing staff would be used, however given that additional applications would
need to be applied, additional resources would need to be sourced to cover
the work carried by the staff doing the additional weed control application. 
This would result in even higher costs being incurred, which at present are not
included in the above figures. 
9. OPTIONS FOR MOVING FORWARDS 
9.1 The Council has significantly reduced its use of glyphosate over recent years
by changing its working practices.  Glyphosate is currently seen as the most
cost-effective method to control weed, and, whilst the current licence
permitting the use of glyphosate expires in December 2025, there is the
possibility that the UK may apply an extension to that licence.  However, at
this stage this is not known.   
9.2 As reported to this Committee on 7 February 2023, and on 6 February 2024,
the Open Space team does not have the capacity, information or full
knowledge of the alternatives to glyphosate in order to produce an action plan
for removing the use of glyphosate.  The services of an external consultant
are therefore required to produce a developed and fully costed action plan.
The plan would include addressing the following headline areas: 
•  review the Council’s current methods of weed control
•  use of Herbicides with Glyphosate
•  review of potential alternatives to replace the use of herbicides
•  develop and cost an integrated weed management action plan for Moray
detailing how it can phase out the use of Glyphosate by 2025. 
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9.3  The proposed scope of external services is outlined at Appendix B.  Whilst
the cost for this service will not be known until a tender is produced and
published to the external market to achieve best value, it is estimated that a
budget of £50k would be required to deliver this scope of work.  This is based
on previous scopes of work issued by both this Council and other authorities
9.4  Giving consideration to the information contained within this report,
Committee has a number of options available with regards how to progress
with regards reducing the use of glyphosate.  The options are detailed below: 
• Option 1: Recognise the significant progress that has been made with
regards reducing the usage of glyphosate, and that there are challenges
with making further progress, and as such defer further action until
2025/26 to review the regulatory landscape (ie to see whether there is the
potential for an extension to licensed use beyond 2025 as is now the case
in Europe) and progress made by other organisations which will inform
our working practices, costs to determine our own pathway to cease use
and decision making for 2026/27.  In the intervening period Officers will
continue to work proactively across its partner networks to keep abreast of
alternative methods and encourage collaboration on the alternative
solutions. 
•  Option 2: Make further progress on a costed action plan for delivery from
2026/27, recognising the resourcing and expertise issues previously set
out to Committee, and approve the commissioning of an external provider
to produce fully developed and costed action plan for review by
Committee.  An indicative budget of £50,000 would need to be approved
by Council for the commissioning of an external provider. 
9.5 The pros and cons for each option are shown in the table below. 
Option1 
Pros Cons
Would not incur any additional
spend.
There is no information currently
available to confirm that the
licence will be extended, so not
having a costed action plan for
alternative methods of weed
control exposes the Council to
risk.
Would not incur any unnecessary
spend if the licence is extended past
December 2025.
Could result in the Council not
being in a position to implement
alternative practices for the
Spring 2026 if the licence is not
extended.
Allows Officers to continue to
monitor the alternative options
available and learn from the
experiences of others.
Puts the Council in a position of
risk in terms of unknown
costs/resources that are needed
for planning for alternative
methods. 
Compromises the ability to plan
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the practical delivery of the
service should there be a need
to move to alternative methods. 
May result in alternative
equipment not being able to be
procured and in place for
2026/27 season. 
Could result in the increased
presence of weeds for 2026/27 if
alternative methods are not in
place. 
Could result in increased
numbers of complaints if
alternative methods are not in
place. 
Increases the work demands of
officers in terms of monitoring
the market, and leaves the
Council exposed in terms of
understanding what is most
practical and economic solution
for alternative methods of weed
control. 
Option 2 
Pros Cons
Would provide a costed action plan
for the Council to implement
alternative methods of weed control
(Whether the licence was extended
or not)
Would be unnecessary spend if
the licence for the use of
glyphosate is extended past
December 2025 and the
Council’s position is to continue
to use glyphosate for weed
control.
Would allow the budgetary
implications from any changes in
practice for the 2026/27 season to
be understood at an early stage, so
these can be planned into the
budgetary process in time for
resources/equipment to be in place
for 2026/27. 
If the licence is extended, then
any alternative options
suggested in the action may not
be relevant and up to date in the
future, as practices within the
alternative market are likely to
have progressed, should the
product be banned in future
years.
There is no information currently
available to confirm that the licence
will be extended, so planning for the
ban is considered a robust and
practical approach. 
Granting delegated authority as set out in recommendation 2.1(iii) for a fixed
period will obviate the need for repeated annual reports with what may be little
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change to the options between each report.  It would also enable officers to
act rapidly if/when the licence does end within 3 years.  Should this not be
supported, reports in line with Option 1 can continue to be submitted. 
10. SUMMARY OF IMPLICATIONS 
(a) Corporate Plan and 10 Year Plan (Local Outcomes Improvement
Plan (LOIP))
This report supports the Councils vision of our natural environment
thriving for the betterment of all, and the Council’s values of ensuring
sustainable and efficient council service, driving improvement and invest
in transforming to meet future needs. 
(b) Policy and Legal
The Council’s Open Space Strategy aims to ensure public open spaces
in Moray are of sufficient quality and distribution to meet the needs of
local communities and local biodiversity.  There are no direct legal
implications.  Glyphosate is currently legally approved for use in Great
Britain. 
(c) Financial implications
There is currently no budget allocated or available to procure external
services to undertake this work.  It is currently estimated that a budget of
£50k is needed to deliver this scope of work. 
In considering Option 2 it should be recognised that when the Council
approved the budget for 2024/25 it balanced only by using reserves and
one-off financial flexibilities.  The indicative 3 year budget showed a
likely requirement to continue to make savings in the order of £20 million
in the next two years.  All financial decisions must be made in this
context and only essential additional expenditure should be agreed in the
course of the year.  In making a determination the committee should
consider whether the financial risk to the Council of incurring additional
expenditure outweighs the risk to the Council of not incurring that
expenditure, as set out in the risk section below and whether a decision
on funding could reasonably be deferred until the budget for future years
is approved.  It should also be noted that a change in the regulatory
position may require unbudgeted expenditure, and the report notes the
potential budget pressure therefore also arising from Option 1. 
It is anticipated that there will also be an on-going budget pressure from
additional cost of alternative methods of weed control but this will be
dependent on the options developed by the consultant, if approved. 
(d) Risk Implications 
Given increasing public concerns over the use of Glyphosate to control
weeds in open spaces there is a potential reputational risk to not
considering further approaches to reduce or eliminate its use.  There is
however a risk to biodiversity by phasing out glyphosate too soon if there
is no effective alternative for control of invasive non-native species 
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The Association of Public Sector Excellence (APSE) have advised local
authorities that alternative methods of weed control are more expensive
and sometimes not as effective than the current method of control and
therefore there is a risk that additional revenue and capital budgets for
labour, plant and equipment will be required to implement the costed
action plan resulting from this scope of work, and to achieve the
objective of phasing out the use of Glyphosate by December 2025. 
In terms of option 1, there is a risk that the Councils implementation of
alternative working practices from December 2025 could be delayed,
were it necessary to procure equipment to facilitate the alternative
working methods which have extended lead times for delivery. However,
at this stage this risk cannot be quantified. 
If an extension to licensed use is granted, then spend in terms of option
2 would be discretionary rather than essential at this point.  Should
Moray not then cease all use by December 2025 on a discretionary
basis, there is a risk that products and practices have moved on by the
revised statutory deadline such that the approach per the specification
would then require further review. 
(e) Staffing Implications
There is no available staff capacity or budget to research or adopt
alternative methods of control. 
(f) Property
Weed control around fixed infrastructure and buildings is currently in
place to help reduce damage to infrastructure. 
(g) Equalities/Socio Economic Impact
The agreed reductions in the use of Glyphosate helps to support
increasing biodiversity and contribute to community health and wellbeing
by reducing inequalities of access to nature. 
(h) Climate Change and Biodiversity Impacts
Reduction in the use of herbicides including Glyphosate support
mitigation of, and adaptation to, the climate and biodiversity crisis.  The
Council has recognised the biodiversity crisis through the Climate
Change Strategy, Nature Emergency, and its support of the Edinburgh
Declaration on Biodiversity.  The negative impact of glyphosate is
particularly relevant to pollinators, especially bees, which are under a
number of growing pressures and the resulting pollinator decline will
have risks to human food systems.  Flowering ‘weeds’ are an important
food source for pollinators which in turn hold up human food systems
and much more, so there is benefit from leaving them to grow wherever
possible.  Therefore, attempts to reduce the use of glyphosate should be
supported.  However, it is important to acknowledge the role glyphosate
plays in managing invasive no-native species (INNS) – particularly
Japanese Knotweed and Giant Hogweed.  A balance needs to be struck
as INNS have significant negative effect on biodiversity which is likely to
worsen with climate change.  The costs of dealing with INNS are
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currently £343 million per year in Scotland alone.  Properly applied,
glyphosate is one of the few really effective ways to treat these plants 
(i) Consultations
The Depute Chief Executive (Economy, Environment and Finance),
Head of Environmental and Commercial Service, Legal Services
Manager, Chief Financial Officer, Equalities Officer, Principal Climate
Change Strategy Officer, Property Asset Manager, Programme Manager
(Learning Estate), Head of Education, Open Space Manager, Senior
Engineer (Transportation), Roads Manager and Caroline O’Connor,
Committee Services Officer have been consulted and their comments
incorporated into the report. 
11. CONCLUSION 
11.1 The Environmental Protection Service does not have an allocated
budget or resource to review the Council’s current weed control
methods and detail how the Council can phase out the use of
Glyphosate by 2025 as requested by this Committee on 7 February 2023. 
11.2  An estimated budget of £50k would need to be approved from ear-
marked reserves for Council priorities to procure external professional
services to produce a costed action plan. 
11.3  Alternative methods of weed control are anticipated to be more
expensive and would therefore likely require a future increase in
revenue and capital budgets to implement the findings from this scope
of work and concomitant savings from the Council’s overall budget. 
11.4  Against this background, there may be benefits in waiting for larger
better resourced authorities to lead developments in response to the
2025 deadline from which Moray could learn, as well as deferring non-
essential spend until it is clear whether the UK will follow Europe in
extending licensed use. 
11.5 A delay in not commissioning the action plan may compromise delivery
for 2026/27 growing season. 
Author of Report: Paul Wolverson, Service Manager 
Background Papers: 
Ref: SPMAN-524642768-1194 
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APPENDIX A 
Alternative Methods of Weed Control 
Method Positives Negatives
Manual
Removal –
removal of
weeds by hand
or handheld tools
or machinery e.g.
weed rippers
Effective method within
instantly visible result
Targeted approach
Labour intensive - a significant
investment in additional staffing
resources required if this method was
to be adopted 
Potential hand arm vibration issues for
staff 
Costly 
Time consuming 
Unlikely to remove roots resulting in
quick plant re-establishment 
Requires ongoing and repeated
treatment throughout the year 
Carbon footprint increase when petrol
engines are used 
May damage tarmac surfaces
especially if they are in poor condition 
Increase noise levels for public and
operators where petrol driven
machinery is used 
Can deplete soil volumes when roots
are removed (particularly noticeable in
plantings and around headstones)
Foam –
a non-chemical
weed control
system -
combines heat
with
biodegradable
foam which acts
as a thermal
blanket to
insulate hot
water
Non chemical control
system 
More effective than hot
water – thermal blanket
retains heat in kill zone 
Fewer treatments
required when
compared to hot water
and steam 
Has multiple uses e.g.
can be used to clean
Increased CO2 output when
compared to herbicide application on
foot (vehicle and fuel required) 
Slow method of treatment 
Less effective control on perennial
and woody weed species 
Potential access issues – equipment
cannot easily access all areas where
weeds are controlled and may be
inaccessible to some 
Item 7.
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Method Positives Negatives
equipment in addition to
weed control 
Can be used in all
weather conditions
Suitable for a limited number of
settings only given restrictions on
equipment accessing all areas 
Reports from trials by others that staff
find the equipment unwieldy 
Transportation of water required 
Significant capital investment in
machinery required and a significant
increase in staffing to operate and
completed the recommended 3
applications required by year
Thermal – 
control method
using wet heat
such as steam,
hot water
Non chemical control
method 
Plants dehydrate and
die within a few hours or
days
Wet heat quickly lost to the
atmosphere (weather limited) which
can reduce effectiveness 
Requires multiple applications
throughout the year (due to little effect
on root structure and quick re-growth) 
Requires vehicle and fuel 
Suitable for a limited number of
settings only given restrictions on
equipment accessing all areas 
Potentially slow and limited to water
capacity 
Capital investment and additional
staff, vehicle and fuel resources would
be required 
Health and safety issues relating to
high heat and potential burns if not
used correctly/safely
Flame – 
use of flames to
destroy
vegetative matter
using
propanefuelled
flames, control
delivered by
passing an open
flame over the
weed
Non chemical means of
control 
Can be used all year
round.
Heat burns vegetation only therefore
there is little impact on root structure 
Regrowth will soon follow control 
A significant number of treatments
required each season to achieve
effective control 
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Method Positives Negatives
Risks to health and safety from naked
flame and through transportation and
storage 
Fire risk, including risks to
infrastructure 
Cannot be used near vehicles 
Can damage property/infrastructure 
Additional staffing resources required
for this method of control 
Uses propane gas to fuel flame
Acetic Acid –
control using the
active ingredient
found in vinegar
Will kill most vegetation
by burning through
leaves and drawing
moisture out. 
Effective within a few
days
Effectiveness does not last long 
Must be handled with extreme care to
avoid risk of irritation 
Unpleasant smell Weather dependent
(needs to be applied in dry conditions) 
Cannot be used on soft surfaces like
soil or sand 
No effect on root system so repeated
treatments required and therefore
higher labour costs 
Additional staff would be required to
resource additional applications
needed
Fatty Acids –
Pelargonic acid
found in plant
and naturally
dries out weeds 
Natural origin 
Fast acting – signs of
treatment within 2-3
hours 
Can be mixed with
residual herbicide
(flazasulfuron) 
Contact acting – not translocated so
does not kill roots 
(At least three times) More expensive
than Glyphosate with a much higher 
Can be mixed with residual herbicide
(flazasulfuron) application rate – so
more product required 
More applications required (5 – 6)
each year to achieve effective weed
control 
Increased staffing and material
budgets required to resource greater
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Method Positives Negatives
number of treatments required for
effective control
Strimming –
mechanical,
petrol driven
method to cut
grass / weeds
around
perimeters, and
to control
vegetation in
larger areas,
around difficult
terrain or close to
obstacles
Effective for large areas
of vegetation 
Effective for difficult
terrain 
Aesthetically more
pleasing – achieves a
tidier appearance 
Can be carried out all
year round
Potential hand-arm vibration issues for
operators 
Carbon footprint increase from petrol
engines 
Labour intensive 
Equipment and servicing costs 
Increased risk of claims from flying
debris 
No effect on root structures so does
little to reduce re-growth 
Repeated treatments required 
Limited to certain weather conditions 
Supplementary tasks like blowing and
sweeping required to remove arisings 
Previous budget saving have already
reduced current strimming operations
from monthly to every two months
during the growing season 
Significant increase in staffing and
material budgets required to resource
greater number of operations required
for effective control 
Risks of damage to assets from
contact with strimmer wires
Sweeping -
Sweeping of
pavements using
a mechanical
sweeper 
Will remove the debris
and detritus which
creates a seed bed 
Can have different
brushes applied to
target moss removal 
Will also help remove
litter from the
pavements 
Significant additional capital needed to
purchase sweepers 
Additional staff needed and therefore
additional revenue funds required. 
Does not necessarily removed the
weed root so will not kill the plant. 
Is not an solution in itself and only
effective as part of an integrated weed
control approach.
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Method Positives Negatives
Will provide a cyclical
regime for keeping
pavements clean and
removing the seed bed 
Sweeping is an all year
round activity 
Will remove the plant so
not leaving a visual
dead plant like other
weed control
applications do 
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APPENDIX B 
Scope – Weed Control Review 
Background 
Moray Council’s Economic Development and Infrastructure Committee of 7 February
2023 considered a report on the Council’s use of Glyphosate to control weeds in
open spaces and accepted the recommended proposals to reduce the use of
Glyphosate in certain settings through a managed approach without additional cost
to the Council. 
Following consideration, the Committee agreed to: 
(i) note that, although there are public concerns, Glyphosate is legally approved for
use in Great Britain until December 2025 and that it continues to be the most cost
effective and efficient method of managing weeds; 
(ii) approve the proposals to reduce the use of Glyphosate through a managed
approach in certain settings, and note that, whilst these can be introduced without
additional cost, a greater presence of weeds and longer vegetation would need to be
accepted and tolerated within the environment; 
(iii) note that Officers will continue to monitor the cost and effectiveness of alternative
approaches of weed control; and 
(iv) that a further report be brought to a future meeting of this Committee detailing
how Glyphosate will be phased out by 2025. 
Also, on 3 February 2023 Moray Council declared a Nature Emergency. The
declaration recognises the current state of nature, its intrinsic value to society and
highlights the urgent need to aid its recovery and restoration, which in turn plays a
part in recognising climate targets. The Council also welcomed the Scottish
Biodiversity Strategy, which brings statutory targets for public authorities, to meet the
challenges of the nature crisis. 
In addition, the Council’s Economic Development & Infrastructure Committee agreed
a Nature and Biodiversity Position Statement at its meeting on 2 May 2023. This
includes an action to increase nature positive management of council land. 
The Council’s Environmental Protection/Open Space service manages and
maintains parks, amenity green spaces, core paths, woodlands, and burial grounds.
This includes circa: 65 Schools, 74 football pitches, 700 hectares of grass, 105,000
m2 shrub beds, 11,000 m2 rose beds, 5,000 m2 annual flower beds, 60,000 m2
hedges, 964 core paths totalling over 1,000 kilometres of path, 260 litter bins, 1000
park benches, 120 picnic benches, 118 fixed outdoor play areas, 19,000 m2
woodchip safety surfacing, 210 hectares of community/amenity woodlands, control of
non-native invasive species, 65 Burial grounds and 44 war memorials. 
Brief 
Moray Council wishes to procure external services to: 
1. Review the Council’s current methods of weed control: 
Item 7.
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• Identify and quantify the range of weed control processes (sweeping, herbicide
applications, manual removal etc.) being undertaken by the Council’s operational
services, including Open Space Operations and Waste Services Operations. 
• Outline the benefits, challenges and risks with the current processes. 
• Identify any improvements relating to the processes. 
• Undertake an Environmental Impact Assessment of the current processes used.
This should include carbon emissions, waste production and biodiversity and climate
change impacts. 
2. Use of Herbicides with Glyphosate 
• Carry out a review of the current position regarding products containing
Glyphosate and detail the benefits, challenges and risks of using this type of product. 
3. Review of potential alternatives to replace the use of Glyphosate 
• Identify measures currently being applied by other local authorities within Scotland
and outline any benefits, challenges and risks. 
• Identify measures currently being applied outwith Scotland and outline the benefits,
challenges and risks. 
• Undertake a cost comparison between each method, broken down into plant,
labour and materials for each option and including both revenue and capital costs. 
• Undertake an Environmental Impact Assessment of the potential alternative
methods of control. This should include carbon emissions, waste production and
biodiversity and climate change impacts. 
4. Develop and cost an integrated weed management action plan for Moray
detailing how it can phase out the use of Glyphosate by December 2025: 
• Outline the benefits, challenges and risks with this alternative approach. 
• Develop a costed action plan to identify and detail the actions and changes the
Council must make to phase out the use of Glyphosate by December 2025. To
include options for managing invasive non-native species. 
• Costs must include all capital costs and annual revenue costs to clearly detail the
financial benefits and / or implications compared to current costs and methods of
control – this should include costs for labour, vehicles, plant, fuel and material 
• Undertake an Environmental Impact Assessment for the integrated weed
management action plan and approach. This should include carbon emissions,
waste production and biodiversity and climate change impacts. 
• Set out key information on risks/benefits of removing the use of all herbicides for
weed control. 
Note: 
• It is anticipated that a committee report covering all areas of the review scope
would be developed as a result of this study. This would likely be reported to a future
council / management meeting for consideration. 
• Sources for references made to other case studies should be included along with
scientific data to objectively demonstrate the effectiveness and success rates for
each of the options. The inclusion of visuals to illustrate the methods of control and
before, during and after treatments is expected to be included. 
• Proposals must align with national policies and legislation, including the Scottish
Biodiversity Strategy. 
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• Risks should include the link to some forms of cancer, impacts on biodiversity
including pollinators. 
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REPORT TO: ECONOMIC DEVELOPMENT AND INFRASTRUCTURE
SERVICES COMMITTEE ON 4 FEBRUARY 2025 
SUBJECT: SUPPLIER DEVELOPMENT PROGRAMME MEMBERSHIP 
BY:  DEPUTE CHIEF EXECUTIVE (ECONOMY, ENVIRONMENT AND
FINANCE) 
1. REASON FOR REPORT 
1.1 To invite the Committee to review membership of the Supplier Development
Programme. 
1.2 This report is submitted to Committee in terms of Section III (F) (2) of the
Council's Scheme of Administration relating to the exercise of functions that
promote economic development. 
2. RECOMMENDATION 
2.1 It is recommended that the Committee approves the withdrawal of the
Supplier Development Programme full membership for 2025/26 onwards. 
3. BACKGROUND 
3.1 Moray Council has been a full member of the Supplier Development
Programme (SDP) since 2019 having previously been an associate member
from 2014.  Currently all 32 Local Authorities are members of the Supplier
Development Programme although a number are understood to have this
under review. 
3.2 On 19 October 2021, this Committee approved membership of SDP following
consideration of the value for money which membership provided.  It was
agreed at Committee that the membership was to be reviewed once the
Community Wealth Building (CWB) Strategy and Action Plan were developed.
(para 13 of the minute refers). On 30 April 2024, this Committee approved the
CWB Strategy and Action Plan, by which time membership for 2024/25 was
due and confirmed. (para 13 of the minute refers) 
3.3 The SDP Board no longer offer associate membership and full (core)
membership is now the only option available to local authorities, although
affiliate membership is available to other public sector organisations. 
Item 8.
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3.4 SDP full membership includes:
• At least 4 face to face training sessions for business delivered
throughout the year in the Council area.
• A “Talking Tenders” webinar on how to tender/do business with the
Council - hosted by SDP with Moray Council procurement personnel to
hold a Question & Answer session.
• Consideration of featured categorised events. That is where the
Council identify an opportunity where they would like to carry out some
early intervention e.g. a known market where suppliers are less likely to
understand the tender process.
• Moray Growth Deal. SDP has experience of raising awareness of City
Deal projects and would offer its marketing and event services to
support Moray Council for related supplier engagement events relating
to these projects. 
3.5 In comparison to other Scottish councils, Moray Council’s membership of SDP
provides similar benefits in terms of access to resources and training.
However, some councils, such as Glasgow City Council and Edinburgh
Council, have demonstrated significantly higher engagement rates due to
having the corresponding council staff resources available for proactive local
promotion. 
4. STRENGTHS OF MEMBERSHIP 
4.1 SDP provides Moray Council businesses free access to webinars and events
delivered by procurement professionals.  These events provide networking
opportunities and insights into national procurement practices.  SDP also
highlights some external events that may be of interest to Scottish-based
SMEs and supported businesses.  In 2023/2024, 9 businesses in Moray
participated in SDP events. Between April 2024 to December 2024, 8
businesses have attended SDP events. 
4.2 SDP have produced a range of downloadable resources for businesses to
utilise free of charge, all of which are available on their website. 
4.3 The marketing support offered by SDP is targeted at all their registered
businesses (23,554) with the main annual Meet the Buyer North event, most
recently held in Aberdeen, attracting organisations from throughout the UK
looking to win public sector contracts.  The Moray Council Procurement Team
have hosted a stand at this event each year.  The most recent data we have
for Meet the Buyer North attendance, was for 2022 where Moray held the
event at UHI Moray.  40 Moray businesses attended out of a total of 345
attendees on the day. 
4.4 The programme’s emphasis on inclusive growth complements the council’s
goals of promoting Community Wealth Building.  By enabling SMEs to secure
public contracts, the SDP contributes to retaining wealth within the local
economy, supporting local employment, and fostering a more resilient
business ecosystem.  The focus on empowering smaller, locally based firms
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helps ensure that economic benefits are distributed broadly, aligning with
community wealth building principles. 
5. LIMITATIONS OF MEMBERSHIP 
5.1 Moray Council has had little engagement with SDP in recent years due to
limited resource in both organisations.  It has not been possible to utilise the
face-to-face training sessions and webinars specific to Moray as SDP’s
availability is restricted. 
5.2 It is unknown if SDP would restrict the free access to training for SMEs based
in Moray if Moray Council decided not to renew the annual membership.
Currently there are 186 Moray businesses registered with SDP. 
5.3 The Business Gateway Moray service currently offers procurement advice on
a one to one or group basis in house and via specialist advisers.  This support
is available to all businesses in Moray as required.  The workshop to ‘Become
Tender Ready’ held in February 2024 attracted 16 participants and included a
short presentation from the Moray Growth Deal Manager highlighting future
tender opportunities with the Moray Growth Deal.  Additional free online
guidance is available via the Scottish Government Supplier Journey website.
Links to both SDP and Supplier Journey are provided on the home page of
Public Contracts Scotland website. 
5.4 While some businesses report success, it is challenging to evidence value for
money in terms of the direct economic impact of the council’s annual
subscription fee of £4000 + VAT.  The number of successful tenders linked to
SDP involvement relative to the cost of membership has not been robustly
evaluated. 
5.5 The SDP’s reporting mechanisms often provide aggregate data, which may
not always reflect the specific outcomes for Moray businesses.  This lack of
tailored metrics makes it difficult to assess the precise benefits of
membership. 
6. VALUE FOR MONEY ASSESSMENT 
6.1 Moray Council’s subscription fee of £4000 + VAT ensures that businesses in
the region can access high-quality training and support without incurring direct
costs.  However, given the council’s limited resources, it is imperative to
ensure that every expenditure delivers measurable benefits. 
6.2 While anecdotal evidence suggests positive outcomes for some businesses,
the lack of detailed, quantifiable metrics makes it challenging to definitively
determine value for money for Moray Council.  Better tracking and reporting
mechanisms would be needed to justify continued investment.  It is
recommended to withdraw membership for 25/26 and focus the £4000 budget
to provide personalised procurement support to local businesses through
specialised one to one support and workshops in partnership with the
procurement team.  This will provide local businesses with the knowledge and
confidence to bid for Moray council contracts and therefore supports the
Moray Community Wealth Building Strategy. 
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7. SUMMARY OF IMPLICATIONS 
(a) Corporate Plan and 10 Year Plan (Local Outcomes Improvement
Plan (LOIP))
SDP membership supports the corporate plan priority of Building a
Stronger, Greener, Vibrant Economy as well as delivering on the LOIP
priority of a growing and sustainable economy. 
(b) Policy and Legal
SDP links to objectives embedded within National policies of National
Strategy for Economic Transformation (NSET), Fair Work, and the future
implementation of the CWB Bill by Scottish Government. 
The Council considers support for economic development issues on their
merits, against the objective to facilitate sustainable economic growth
and the desired outcomes of the LOIP and Corporate Plan.   
(c) Financial implications
Full membership is currently £4,000+VAT per year and is presently
managed from the Business Gateway budget which lessens the amount
available for other business support functions. 
Additional budget for venue costs would be required to take advantage
of training and event opportunities as this is not covered by the
membership fee. 
(d) Risk Implications
There is a possible reputational risk to Moray Council as currently all 32
Local Authorities are core members. However, this is known to be under
review by other local authorities.   
(e) Staffing Implications
Staffing resource would be required should committee choose to
continue SDP membership. Existing Moray Council staff from
Procurement and Economic Growth & Regeneration, which includes
Business Gateway, would be required to select most appropriate
trainings and events, organise and pay for training venues and provide
staffing to support events.  There is currently no capacity within these
teams to provide this staffing requirement.  Rather resources are
focussed on locally tailored activity, albeit at a restricted level. 
(f) Property
There are no property implications. 
(g) Equalities/Socio Economic Impact
Moray Council has a statutory duty under the Equality Act 2010 to ensure
that contract(s) or framework agreements, covered by the Public
Contacts (Scotland) Regulations 2015, meet specific requirements:
• Where a contract or framework agreement is awarded on the
basis of the most economically advantageous, the Council must
have had due regard as to whether the contract or framework
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criteria includes considerations to enable it to better perform the
equality duty.  
• Where Moray Council sets out specific performance conditions in
a contract or agreement, due regard must be given as to whether
those conditions enable the Council to better perform the equality
duty.   
Should the report recommendations be approved and the SDP
membership is withdrawn, local training provided by Business Gateway
and / or Moray Council Procurement Team (as an alternative to the SDP
training) should include reference to the above duty to ensure local
SMEs are informed of the requirements. 
(h) Climate Change and Biodiversity Impacts
There are no climate change and biodiversity impacts arising from this
report. 
(i) Consultations
The Depute Chief Executive (Economy, Environment and Finance), the
Acting Head of Economic Growth and Development, the Legal Services
Manager, the Economic Growth and Regeneration Manager, the Finance
Manager, the Principal Climate Change Officer, the Equalities Officer
and Caroline O’Connor (Committee Services Officer) have been
consulted and comments incorporated into the report. 
8. CONCLUSION 
8.1 Moray Council’s membership of the Supplier Development Programme
has provided opportunities for local businesses to enhance their
procurement capabilities. However, the impact of the service locally has
remained limited. 
8.2 As the SDP membership year is from April to March, it is recommended
to withdraw membership for 25/26 and focus the £4000 budget to
provide personalised local support. 
Author of Report:  Shannon Creswell, Business Adviser 
Background Papers: 
Ref: 
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REPORT TO: ECONOMIC DEVELOPMENT AND INFRASTRUCTURE
SERVICES COMMITTEE ON 4 FEBRUARY 2025 
SUBJECT: INFORMATION REPORT: BUSINESS GATEWAY (EXTENDED)
ANNUAL REPORT 
BY:  DEPUTE CHIEF EXECUTIVE (ECONOMY, ENVIRONMENT AND
FINANCE) 
1. REASON FOR REPORT 
1.1 The Committee is invited to note the Business Gateway Moray Report for the
period April 2023 - September 2024. 
1.2 This report is submitted to Committee in terms of Section III (F) (34) of the
Council's Scheme of Administration to the provision, development and
monitoring of the Council’s Economic Development and Infrastructure
services. 
2. BACKGROUND 
2.1 The Business Gateway (BG) Moray service provides free business support
and impartial advice to start-up and existing businesses based in Moray. 
The service is accessed locally through the BG website, direct phone and
emails or in-person via the BG office. 
2.2 BG is a branded national service.  Budget for the delivery of the service is
provided by the Scottish Government to Local Authorities via the block grant.
Responsibility for BG at a national level rests with the Convention of Scottish
Local Scottish Authorities (COSLA).  Local Authorities are responsible for the
delivery of the BG service.  
2.3 A new National Service Specification, (Appendix 1) took effect from April
2024 following agreement from all Local Authority Leaders as part of COSLA.
It is intended as a framework to guide Local Authorities in the local delivery of
the BG.  Compliance is assessed through national audits. 
3. PERFORMANCE APRIL 2023 – SEPTEMBER 2024 
Business Start-Ups
3.1 The number of business start-ups recorded following support from the BG
service totalled 158 which has resulted in the creation of 162 full-time
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equivalent jobs.  These businesses represent a range of sectors and locations
in Moray. 
Existing Businesses and Growth Support
3.2 Of the 897 overall enquiries recorded by BG Moray for the period, 352 were
from existing businesses. 
3.3 Two contracts were procured in May 2023 to cover a two-year period, one for
the delivery of specialist advice, and the second for workshops and
masterclasses.  This allows access to experts who provide support to
businesses with specific issues and enhances the support provided by the
local BG Advisers. 10 in-person workshops with 117 attendees and 12 days of
specialist advice were provided in this period. 
3.4 As part of the Moray Economic Recovery Plan targeted support for
procurement was provided.  25 days of one-to-one specialist advice was given
and 4 workshops held attracting 35 attendees.  Procurement support
continues to be offered via the BG core budget. 
3.5 The BG Team have an ongoing relationship with the Moray Council
Procurement Team that involves procurement support to businesses when
required.  Recently a BG Adviser attended the Supplier Development
Programme Meet the Buyer Event in Aberdeen to support any local Moray
businesses who are looking to tender with Moray Council. 
3.6 The Business Growth Programme, funded by the UK Shared Prosperity Fund
enabled Moray based micro-businesses with ambition to grow to attend a
series of workshops on a range of relevant topics.  Two programmes were
successfully completed by 19 attendees.  The third and final programme was
completed in November 2024.  A final session bringing together all three
cohorts is planned for February 2025 and during this, additional feedback will
be sought on the ongoing impact the programme has had in their businesses.
In March 2025, the BG Team will review the impact of the Moray Business
Growth Programme with a view to implementing them within the core BG
service in the future. 
3.7 Outcomes of the first two programmes to date are recorded below and
feedback is currently being sought from the final cohort. 
Outcome Number
Agreed
Number
reported to
date 
Number
remaining
to be
delivered 
by final
programme
Number of enterprises
adopting new or improved
products or services
10 8 2
Number of enterprises
engaged in new markets 10 9 1
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Number of early-stage
enterprises which increase
their revenue following
support
10 5 5 
As highlighted in the table above, 8 enterprises are adopting new or improved
products or services, 9 enterprises have engaged in new markets and 5 have
increased their revenue as a result of the support.  These figures are
expected to rise following the receipt of the final cohort results and additional
feedback being requested. 
Events and Marketing
3.8 The BG Moray Facebook page and local regular newsletter are important
tools for sharing relevant information on support available, training
opportunities and partner events.  The reach of the Facebook page now
exceeds 12.6k. 
3.9 BG Moray have held 10 events, which have attracted an audience of 117
people.  Of these 10 events, 3 were networking events which covered the
following topics; 
• Community Wealth Building with guest speakers from the Moray Firth
Credit Union
• Procurement with a presentation from the Moray Growth Deal
• Moray Gift Card with guest presenter from Scotland Loves Local raising
awareness of corporate gifting 
3.10 In addition to the local events, BG national host a variety of webinars which
include topics such as digital support and business planning.  262 attendees
from Moray attended these events over the reported 18-month period. 
4. REPORTING 
4.1  Quarterly reports are published on the BG page of Moray Council’s website
(http://www.moray.gov.uk/moray_standard/page_59743.html) detailing
performance data and activities.  The table below provides additional detail of
the annual comparison statistics. 
BG MORAY ANNUAL PERFORMANCE STATISTICS  21/22 22/23 23/24 Q1&2
24/25
Business Start-Ups 123 107 104 54
Total No. of Enquiries 854 709 569 328
Specialist Advice
Days 1-2-1 Specialist Growth Support 9 7 11 0.5
In-Person Workshops/Events
No. of Local BG Workshops/Events 0 0 7 3
No. of Delegates attending 0 0 86 31
Moray Economic Recovery Plan Support (3 year fund)
Brexit 1-2-1 Specialist Support 18 4.5 - 
Procurement 1-2-1 Specialist Support 6 0 25 
Moray Business Start-Up Grant 50 - - 
Procurement Specialist in-person Workshops - - 4 
No of Delegates attending - - 35 
UK Shared Prosperity Fund
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Moray Business Growth Programme   1 1
No of Attendees in Cohort   6 11
Moray Digital Development Grant Applications Approved    41 
5. COMMUNITY WEALTH BUILDING 
5.1  The remit for Community Wealth Building (CWB) was incorporated into the
BG Moray service following the redeployment of the CWB Officer to the
vacant Business Adviser post in June 2023.  The CWB Strategy and Action
Plan was approved by this Committee on 30 April 2024 (para 13 of minute
refers).  The Business Adviser is allocated 1.5 days per week for CWB
activities.  The capacity for provision of business advice is a more tightly
defined service within BG service due to the changes that have taken place
with staff resources. 
6. MORAY GIFT CARD – SCOTLAND LOVES LOCAL 
6.1  The Moray Gift Card is also administered by BG Moray which involves liaison
with Miconex who maintain the programme, engagement with local
businesses, promotion, distribution of marketing materials, administration, and
delivery of cards to collection points.  There are currently 265 businesses
signed up to accept the gift card and approximately 40 act as a collection
point for Load this Card envelopes.  The programme has recently been
enhanced with the option to purchase a digital version.  From the launch in
2021 to date sales of the Moray Gift Card have totalled £163,590 representing
a valuable amount of money remaining in the local economy as they can only
be redeemed in the local businesses registered to accept them.  
7. PARTNERSHIP WORKING 
7.1  The BG Moray team regularly collaborate with local partners and other Moray
Council departments to offer training opportunities, presentations, signposting
and support.  These include Highlands and Islands Enterprise, Moray
Chamber of Commerce, Federation of Small Businesses, Moray College UHI,
DYW Moray, Visit Moray Speyside, Town Centre Task Force, tsiMORAY,
Moray Business Women, DWP and Lossiemouth Business Association.  The
BG Manager chairs the Moray Economic Strategy Business Support Sub-
Group and attends Moray Economic Partnership meetings. 
8. SUMMARY OF IMPLICATIONS 
(a) Corporate Plan and 10 Year Plan (Local Outcomes Improvement
Plan (LOIP)
This annual report is used to ensure the efficient and sustainable
delivery of the Business Gateway Service to meet the Council’s priorities
in both the Corporate Plan and the LOIP. 
(b) Policy and Legal
The Council has a statutory requirement to publish a range of
information that will demonstrate that it is securing best value and assist
in comparing performance over time. 
(c) Financial implications
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None. 
(d) Risk Implications
None. 
(e) Staffing Implications
None. 
(f) Property
The delivery of the BG service is currently being operated from the
dedicated office at 17 High Street, Elgin with a move to the new
Business Enterprise Hub once it is open.  During this period 341 face to
face appointments were undertaken with clients and approx.  70 walk-in
enquiries were recorded. 
(g) Equalities/Socio Economic Impact
As per paragraph 2.3 above, the National Service Specification
(Appendix 1) sets out the framework to guide Local Authorities in the
local delivery of the BG Service.  The specification commits to six
programmes of work, with Programme 5 ‘A Fairer and More Equal
Society’ aiming to tackle inequality through increasing employment rates,
wage growth, reducing poverty for disadvantaged communities. Further
commitment is made in terms of accessibility throughout all BG
premises.  Both positively support the Council in meeting its general duty
under the Equalities Act 2010 and Fairer Scotland Duty. 
An Integrated Impact Assessment is not needed because the report is to
inform the Committee on performance. 
(h) Climate Change and Biodiversity Impacts
There are no Climate Change/ Biodiversity Impacts as a result of the
report. 
(i) Consultations
Consultation has taken place with the Depute Chief Executive
(Economy, Environment and Finance), the Acting Head of Economic
Growth and Development, the Economic Growth and Regeneration
Manager, the Legal Services Manager, the Equal Opportunities Officer,
the Finance Manager and Caroline O’Connor, Committee Services
Officer have been consulted and comments received have been
incorporated into the report. 
9. CONCLUSION 
9.1  BG continues to provide a key part of the Council’s activities for
business support.  The service has a positive and measurable impact on
the performance and growth of the local economy. 
Author of Report: Lorna Williamson, Business Gateway Manager.
Background Papers: National Service Specification
Ref: 
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Business Gateway:
National Service
Specification
April 2024
APPENDIX 1
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National Service Specifications
April 2024 
National Service Specification April 2024 1
1. INTRODUCTION ...................................................................................................... 2
1.1 Introduction .............................................................................................................. 2
1.2 Strategic Context ..................................................................................................... 3
1.3 Business Gateway Objectives ................................................................................. 5
1.4 Business Gateway Key Principles ........................................................................... 6
2. DELIVERY MODEL .................................................................................................. 7
2.1 Introduction .............................................................................................................. 7
2.2 Governance ............................................................................................................. 7
2.3 Local Authorities ...................................................................................................... 7
2.4 Nationally Delivered Services .................................................................................. 9
3. BUSINESS GATEWAY SERVICES ....................................................................... 13
3.1 Introduction ............................................................................................................ 13
3.2 Service Overview ................................................................................................... 13
3.3 Aftercare ................................................................................................................ 15
3.4 Customer Categories ............................................................................................. 16
3.5 Events .................................................................................................................... 17
4. CRM ....................................................................................................................... 19
4.1 Introduction ............................................................................................................ 19
4.2 CRM Data Collection & Reporting ......................................................................... 19
5. MARKETING .......................................................................................................... 21
5.1 Introduction ............................................................................................................ 21
5.2 Marketing ............................................................................................................... 21
6. PERFORMANCE MEASUREMENT ....................................................................... 25
6.1 Introduction ............................................................................................................ 25
6.2 Business Gateway PMF ........................................................................................ 25
6.3 Quality Standards .................................................................................................. 26
7. KEY COMMITMENTS OF SERVICE DELIVERY ................................................... 28 
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National Service Specifications
April 2024 
National Service Specification April 2024 2
1. INTRODUCTION 
1.1 Introduction 
Business Gateway is a publicly funded service providing access to free business support /
impartial advice to start-up and existing businesses in Scotland.
Business Gateway’s vision is: 
“
To provide free business support for anyone in Scotland 
We want to help entrepreneurs who need support to develop their
businesses by providing one-to-one business advice, and by
strengthening the connection between organisations and the business
community. 
In line with our values, Business Gateway aims to provide personalised, accessible and
timesaving business support to businesses, so that they can improve at their own pace through
actionable solutions and tools. Our skilled advisers also provide links to other relevant public
organisations and likeminded entrepreneurs for further support. 
In their respective geographic areas, Scottish Local Authorities are responsible for the
management and delivery of Business Gateway services across Scotland. The services
provided by Business Gateway evolve in response to prevailing economic conditions as well as
responding to the needs of local economies. 
The core Business Gateway services are: 
• support for start-ups;
• support for existing and growing businesses; and
• a continued focus on digital enablement and skills
This document provides a specification for the services and operation of Business Gateway. It is
intended as a framework to guide Local Authorities in the local delivery of the Business
Gateway, and seeks to balance the need for a degree of national consistency with the flexibility
necessary for effective delivery at the local level. This National Service Specification will take
effect from 1st April 2024. 
A set of Programme Rules covering operational detail for the effective management and
delivery of the service are available. These should be used in conjunction with this National
“
”
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National Service Specifications
April 2024 
National Service Specification April 2024 3
Service Specification to deliver the service. The Programme Rules consist of a series of live
documents set out in logical sections, which will be subject to regular review and update. 
Each time substantive updates are made, the Business Gateway Operational Network will be
notified and supplied with an updated version. Up-to-date copies of all documents will be
published on the Business Gateway Hub.
1.2 Strategic Context 
The Scottish Government has made clear its commitment to developing a strong and
sustainable economy in Scotland. Economic development activity is guided by the framework
provided in the Scottish Government National Strategy for Economic Transformation (2022)
(NSET). This framework sets out a number of priorities across 6 Programmes of work:
Programme 1 Entrepreneurial People and Culture: Programme 1 aims to establish Scotland
as a world-class entrepreneurial nation founded on a culture that encourages, promotes and
celebrates entrepreneurial activity in every sector of our economy.
Programme 2 New Market Opportunities: Programme 2 aims to strengthen Scotland’s
position in new markets and industries, generating new and well-paid jobs from a just transition
to net zero.
Programme 3 Productive Businesses and Regions: Programme 3 aims to make Scotland’s
businesses, industries, regions, communities and public services more productive and
innovative.
Programme 4 Skilled Workforce: Programme 4 aims to ensure Scotland’s people have the
skills they need to have rewarding careers, grow their income, and meet the demands of an
ever-changing economy. 
Programme 5 A Fairer and More Equal Society: Programme 5 aims to reorient Scotland’s
economy towards fair work, delivering higher rates of employment and wage growth,
significantly reducing structural poverty, and improving health, cultural and social outcomes for
disadvantaged communities. 
Programme 6 A Culture of Delivery: Programme 6 aims both to ensure successful delivery of
all other NSET programmes and change the delivery culture to support the economy across the
public sector. We will work to create a culture of accountability and delivery, with objectives
clearly allocated and accepted across the public, private and third sector. 
In addition, and related to NSET, there is an ongoing drive for all parts of Scottish society to
contribute towards the achievement of a Wellbeing Economy. In part this is being addressed
through Community Wealth Building activity at the local level by local authorities and through
the Verity House Agreement between Scottish Government and COSLA which seeks to
address three key areas of concern: Tackling Poverty; Just Transition to net zero; People
Centred Public Services.
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National Service Specifications
April 2024 
National Service Specification April 2024 4
This is the strategic context in which Business Gateway operates, and the service forms a
critical part of the infrastructure for business support across Scotland which seeks to deliver on
the NSET objectives.  
In particular, the strategy highlights the need to increase productivity in Scottish firms, and
improve the business start-up rate. These are key objectives for the Business Gateway service.   
It is also important that Business Gateway is aligned with, and able to contribute to, the
Business Support Partnership 5 year delivery plan and the objectives of local economic
strategies. This demands a degree of flexibility within a national framework specifying in broad
terms the core services around business start-up and established business support.   
In passing Business Gateway to Local Government in 2008, the Government of the time
expressed a desire for a consistent move to integrate Business Gateway services more with
mainstream Council services in economic development, planning and building control to provide
a more coherent offer to businesses. The 2015 review re-iterated that aim and this was
reflected in the refreshed 2016 National Service Specification. The extent to which that has
been achieved varies across the country and has been impacted by the substantial changes in
delivery both in terms of increased moves to in-house delivery and variations on contractual
delivery. Through the 2022 Business Gateway Service Design work it has been highlighted that
there is an ongoing need for consistency.
This revision of the National Service Specification takes account of the ongoing transformation
of the business support environment and the ongoing development of the service, building on
service design work.  
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1.3 Business Gateway Objectives 
Business Gateway has an important role to play in promoting an entrepreneurial culture within
Scotland and stimulating awareness of, and demand for, business support services (both public
and private sector) among Scotland’s business base. 
Thus, Business Gateway can be considered to have the following objectives: 
• Support more people with their ambitions to start a business;
• Support more businesses to survive and achieve their growth ambitions
• Support more people with their aspirations for high business growth; and,
• Support more people from underrepresented groups to access mainstream business
support.
Horizontal themes
Underpinning the service objectives there is a commitment to providing support across a
number of themes such as Carbon Reduction, Fair Work, Innovation, Internationalisation, Digital
Upskilling, Community Wealth Building, and Job Creation.
Progress against these objectives and horizontal themes will be measured through the
Business Gateway Performance Monitoring Framework (PMF), described in Section 6.   
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1.4 Business Gateway Key Principles 
The following principles were developed and endorsed by Scottish Government and Local
Government. Local Government remains responsible for ensuring that these principles are
implemented.  The eight key principles are: 
1. Local Authorities are responsible for local economic development and Business Gateway
is a key element of the support they provide to businesses. 
2. Businesses across Scotland can expect a consistent start-up service and a consistent
established business service.  These core services are complemented by local services,
designed by local authorities responding to the needs and opportunities of their local
business base.  
3. Business Gateway will be well integrated with other local authority services impacting on
business to ensure that businesses get the information they need to set up and flourish. 
4. Business Gateway will ensure its services are accessible, making best use of digital
technology.  
5. Business Gateway is a key part of the economic development landscape and will operate
in a joined up way with the range of other organisations offering business support with a
particular role in signposting to relevant expertise and specific and/or sectoral support. 
6. Local authorities across Scotland will use the Business Gateway brand within agreed
guidelines.  
7. Business Gateway will engage with businesses and their representative organisations to
ensure they are responsive to business needs. 
8. The governance structure and accountability of the Business Gateway will be clear and
effective at the local authority level and at the national level. 
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2. DELIVERY MODEL 
2.1 Introduction 
This section outlines the delivery model for Business Gateway, and covers issues relating to
the governance of the service as well as the roles and responsibilities of: 
• Local Authorities (or their Business Gateway contractors); 
• Business Gateway Enquiry Service (BGES) and website; and 
• Business Gateway National Unit (BGNU). 
2.2 Governance 
The governance arrangements for the Business Gateway comprise of a Board of Councillors
within COSLA, populated by nominees from COSLA’s political groups. The Board provides an
overview of the service and sets broad strategic direction. As necessary the Board will make
recommendations to COSLA Leaders’ meetings to secure a Local Government position on key
matters. There is political accountability for Local Authorities at local level through their Councils
and relevant Committees. The governance for Business Gateway involves a combination of the
following: 
• a mechanism for providing strategic guidance for the service (the Board), and for
communicating with the Scottish Government and other national strategic partners;  
• a mechanism for co-ordinating operational delivery issues across Local Authorities
reporting into the above. This is the Business Gateway Operational Network comprising
Service Managers from (Lead) Local Authorities; and  
• a mechanism for the engagement of key delivery partners and this is currently delivered
by engagement in the Business Support Partnership.
2.3 Local Authorities 
Business Gateway is a branded national service. Budget for the delivery of the service is
provided by the Scottish Government to Local Authorities through the block grant. Responsibility
for Business Gateway, at a national level, rests with the Convention of Scottish Local Authorities
(COSLA). Local Authorities are responsible for the delivery of the Business Gateway service,
including staff employment and management, and compliance with relevant legislation. The
initial management model saw a number of Lead Local Authorities appointed to manage the
contracts passed over from Scottish Enterprise in 2008. Since then, the delivery model has
evolved with more Local Authorities taking direct responsibility for delivery in their area.
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Whether in house or contracted, the collective term ‘Providers’ is used to describe the
organisations delivering BG services locally.
Some local authorities continue to work together in a regional structure, with a Lead Local
Authority agreeing to lead on behalf of the whole region. This applies in the following areas:
Region Lead LA Other LAs
Aberdeen City & Shire Aberdeenshire Aberdeen City
Tayside Dundee City Perth & Kinross
Angus
Lanarkshire North Lanarkshire South Lanarkshire
Forth Valley Falkirk Stirling
Clackmannanshire
Dunbartonshire West Dunbartonshire East Dunbartonshire 
An operational Service Manager or responsible officer should be appointed within the (Lead)
Authority to be responsible for managing Business Gateway locally. Their responsibilities
include specifying the service configuration locally, performance monitoring, paying contractors
where appropriate and supporting the BGNU to undertake the functions described below,
including reporting on service performance. 
On behalf of the relevant local authority, this responsibility includes:  
• management of the service in line with the Business Gateway National Service
Specification;  
• where delivery of the service is contracted out: procuring and awarding a contract in line
with the NSS and provisions of the Programme Rules; this includes, where appropriate,
ensuring that the appointed provider has capability to source appropriate premises and
branding for the delivery of the service, personnel and adequate IT systems to fulfil the
contract;
• where the delivery of the service is ‘in-house’: ensuring appropriate arrangements are in
place and delivery complies with Local Authority policies. This includes identifying, where
appropriate, premises and branding for the delivery of the service, employing personnel
and ensuring adequate IT provision;
• identifying specific Business Gateway targets locally where appropriate;  
• Ensuring use of online systems (including but not limited to the CRM system)  provided
and that necessary data inputs are completed to agreed timescales, managing the overall
outputs and compliance of the service in their area(s);   
• being the first point of contact for providers on any issues relating to Business Gateway
activities;  
• participating in ongoing development of the service to reflect economic conditions;  
• sharing examples of local best practice with the network; 
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• where delivery of the service is contracted out: making payments to contractors in line with
agreed payment model; monitoring and auditing of CRM evidence required to back up
invoice claims;  
• where delivery of the service is in-house: monitoring and auditing of CRM evidence
required to support reporting;
• ensuring data integrity compliance of CRM entries; and  
• specifying the requirements for local services;  
• management of performance and reporting on locally funded projects such as UK Shared
Prosperity funded activity
2.4 Nationally Delivered Services 
The Business Gateway service is delivered through a combination of national and local
elements. The nationally delivered elements are as follows:  
Business Gateway National Unit (BGNU)
The BGNU supports LAs in the delivery of Business Gateway services and is responsible for the
following national activities:
• Marketing and Communications including social media
• Operations
• Partnership management
• Performance monitoring & reporting
• Survival monitoring
• Quality assurance
• National Webinars
• Operational Network (BGON) and (H&I BGON)
• Data Quality, Protection and Sharing
• Service Design / Future Service Design and improvement
• National Service Specification and Programme Rules 
The BGNU also performs the following functions: 
• supporting Local Authorities; and 
• maintaining and strengthening links with partner organisations, wider stakeholders, media
and Business Gateway Operational Network; and 
• co-ordinating nationally delivered services including Business Gateway branded webinars
and other training. 
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Expanding on these, the activities of the BGNU which support delivery of local services are set
out below. 
National and Local Marketing  
• national and local marketing (marketing strategy, digital marketing strategy, social media
strategy, PR strategy); 
• managing creative, media and public relations agency contracts; 
• managing the National Communications Plan; 
• managing the Customer Communications Strategy including Business Gateway email
newsletters;  
• developing local and national media campaigns; and 
• liaising with the national marketing sub-group which has wider Lead Authority
representation and which provides input on operational issues associated with the above. 
Quality Assurance 
• managing the contract for the delivery of Quality Assurance activity; 
• reviewing national and local Quality Assurance results with Lead Authority Managers: 
• identifying and resolving any issues (with Lead Authorities and the Business Gateway
Enquiry Service (BGES) – see below for details). 
Performance Monitoring and Reporting 
• gathering data via the Customer Relationship Management (CRM) system & EMS (and
occasionally also through the BGON); for upload to the Data Warehouse (Target
Dashboard platform)
• monitoring and reporting on service provision; 
• reporting national performance results to the Business Gateway Board, COSLA, the
Business Gateway Operational Network (BGON) and media (where appropriate); 
• meeting regularly with (Lead) Local Authority Service Managers to understand local
issues. 
• Representing the service on the Business Support Partnership Board and workstreams.  
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Co-ordinate and Manage BG input to the shared CRM system 
• overseeing the CRM system on behalf of the BG business unit for data quality, compliance
and reporting purposes through dashboards and advanced finds; 
• liaising with CRM2 Partnership on future development of CRM; 
• Designing and testing new processes
• Delivering training (in person or online)
•  Producing training materials in a variety of media as required
• Offering a Helpdesk service to assist local users with operational issues in CRM & other
BG systems
Research and New Product/ Service Development    
• commissioning specific research (marketing, quality assurance and service design); 
• providing additional research support;  
• co-ordinating survival monitoring and reporting; and 
• supporting and encouraging providers to bring forward ideas for pilot/ dissemination
through BGON/ Lead Authority Service Managers. 
Partner & Stakeholder engagement 
• managing engagement with key stakeholders; 
• managing partnership agreements with the Enterprise Agencies and other strategic
partners; 
• providing updates on partner initiatives or products.
Business Gateway Enquiry Service (BGES), which is delivered by Scottish Enterprise’s Enquiry,
Research and Fulfilment Service (EFRS), mainly handles webform enquiries where the client is
outside Scotland or the Local Authority area has not been identified or where the client contacts
the service through the national phone number or Livechat. BGES acts as a client helpline
which includes handling client enquiries, providing information at first point of contact if possible,
and then passing enquiries to local providers through the CRM system. 
It also provides a range of support services to Business Gateway local providers. 
The BGES functions include: 
• handling enquiries by phone, online (inc Livechat) and e-mail; 
• providing business research using a dedicated team of information officers 
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Business Gateway website (www.bgateway.com), managed by the BGNU. The website is the
principal digital platform for Business Gateway and will be used on all national and local
marketing material. It provides a wide range of information, advice, guides, local and national
information, downloadable resources, webforms to raise an enquiry and tools that clients can
access on a self-service basis and/or as directed by their adviser (such as Planning to Start);
and 
Business Gateway Event Management System (EMS) is fully integrated with the CRM System.
The website (bgateway.com/events) is the principal platform for Business Gateway event
listings and will be used on all national and local marketing materials both online and offline.
Local Authorities must ensure that all information relating to local events and training workshops
is kept up to date on the BG EMS. BGES has access to EMS and the National Unit ensure that
key partners are informed of ongoing activity. 
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3. BUSINESS GATEWAY SERVICES 
3.1 Introduction 
In addition to the national services mentioned above, this section sets out the key Business
Gateway services provided by Local Authorities (either directly via in-house resources or
contracted out to a third party). In light of the need for Local Authorities to have the flexibility
necessary to support effective local delivery, the framework specifies these services at a high
level. Delivery arrangements and targeting of activities (e.g. to key sectors) is a matter for local
discretion. Detailed guidance on how to deliver the service and record activity consistently is
given in the Programme Rules.  
3.2 Service Overview 
There are four key service areas which together form Business Gateway. The four areas are:  
1. Start-Up Advisory Service (core service);  
2. Existing and Growing Businesses Service (core services);  
3. Business Gateway Local Services; and 
4. Additional Services utilising external funding (not available in all areas). 
Business Gateway will also work in partnership with other public and private sector providers to
ensure that:  
• Business Gateway branded services are firmly embedded as the local point of contact for
accessing public sector business support where possible; and 
• referral arrangements are put in place with those private and public sector deliverers of
support involved with pre-enterprise, start–up and business development and any referrals
made by BG should be recorded in CRM.  
Core Service: Start-Up Advisory Service 
The Start-Up Advisory Service covers pre-start, start-up and early-stage support for new
businesses. The principal components of the Start-Up Advisory Service are:  
• Planning to Start tool (BG website) provides an “always on” initial engagement service; 
• start-up guidance and information provided via the website, local offices and the BGES
Service;  
• one-to-many events and training workshops / webinars (based on a core catalogue of
events specified in the Business Gateway Programme Rules); and  
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•  one-to-one advisory services provided by Business Gateway advisers.  
It is expected that one-to-one advisory services will be agreed between the Business Gateway
adviser and the client. Those with lower growth potential will be mainly supported through the
Business Gateway website and/ or one-to-many events/webinars, although this is a matter for
local discretion.  
The number of events to be delivered will be determined and managed locally. Additional
training events may be provided via Business Gateway Local Services (see below) and
specified by the Local Authority as and when required. 
The Start-Up Advisory Services are supplemented by Business Gateway Local Services (see
below). 
Core Service: Existing and Growing Businesses Service     
The principal components of the Services for Existing and Growing Businesses are: 
• business guidance and information provided via the website, local offices and the Enquiry
Service;  
• one-to-many events (based on a core catalogue specified in the Business Gateway
Programme Rules); and  
• one-to-one advisory services provided by Business Gateway advisers. 
The Existing and Growing Business Service makes nominated one-to-one adviser support
available to clients to help them achieve their business objectives. For some existing
businesses, these may be simply to sustain activity and employment in challenging markets
while others will be forecasting growth.   
Support will be based on client needs and ambitions, and may lead to an Action Plan being
developed and agreed between the Business Gateway adviser and the client.  
At any stage, clients may also be referred to other local support provided by the Local Authority,
other partner organisations, or to the Business Gateway website or Enquiry Service. Referrals
to other organisations should be encouraged where this is complementary to the Business
Gateway adviser support. In particular, it is expected that Business Gateway will continue to
refer eligible clients to Scottish Enterprise, Skills Development Scotland, South of Scotland
Enterprise and Highlands and Islands Enterprise for specialist support, recording this in the
CRM system.   
Additional services may be available to existing businesses under Business Gateway Local
Services (see below). This may be local services responding to specific issues or short-term
needs e.g. sustainability and recovery assistance. 
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The number of events to be delivered will be determined and managed locally. Additional
training events may be provided via Business Gateway Local Services (see below) and
specified by the Local Authority as and when required.
Local Services 
In addition to the core services outlined above, the Business Gateway Local Services package
provides Local Authority-designed services which complement but do not duplicate existing
Business Gateway national services. This is a core principle which should guide the
development of all Business Gateway Local Services.  
The purpose of this element of the service is to ensure that Business Gateway services are able
to:  
• respond quickly and appropriately to changes in the needs of the local business base; and 
• accurately reflect the specific pressures felt by local businesses. 
Such responses are most efficiently designed and implemented at the local level by Local
Authority Service Managers and partners. In the current economic climate, with market
conditions for both start-up and existing businesses likely to remain challenging over the short
to medium term, it is anticipated that a core common feature of Business Gateway Local
Services will be interventions designed to support the survival and viability of local businesses.  
These interventions are likely to include:  
• Business Gateway advisory support;  
• expert help or specialist support;  
• localised events 
• Support for under represented groups
• Locally funded programmes and/or grants
Externally Funded Services 
In addition to the core and local services outlined above, Local Authorities can access external
funding to provide additional services to complement their existing Business Gateway service.   
At the time of writing, these services such as the UK Shared Prosperity Fund, are still in
development but are likely to include the above interventions in addition to carbon reduction,
innovation, digital development and internationalisation support. 
3.3 Aftercare 
Clients indicated (via research carried out during the Service Design project) that they value an
ongoing relationship with Business Gateway and their adviser and that this relationship should
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be instigated by Business Gateway. Contact from local offices is often seen as more important
by clients as it provides a more personal, locally tailored approach.
This is particularly relevant in the early days of a business’s existence and an ongoing
programme of engagement during the first year after start-up, known as Aftercare, is one key
input that BG can make to improve survival rates among new businesses.
BGNU will develop a robust, consistent Aftercare programme as part of the renewal of the BG
service, using best practice from around the network to design such a programme that can be
successfully delivered in all areas. This will be developed in partnership with Local Authority
areas so that it aligns with wider improvement projects as part of the ongoing service design
programme.
3.4 Customer Categories 
The former model of segmentation employed by BG in conjunction with SE and HIE is now
redundant, however there is still a desire on behalf of LAs to have a means of categorising the
businesses they are working with.  
The suggestion from the BGON Performance Subgroup is that we continue to need a model
which allows us to measure support to distinct categories of customers based on the current
stage of their business, their ambitions for the business, and Business Gateway support
provided to help them achieve these goals. Development work is required to create a new
model and referral process that is fit for purpose. There is a clear desire that the process should
not involve an onerous admin overhead and therefore a degree of automation is envisaged at
various stages, for example when a business transitions from pre-start to trading.  
New customer categories have been developed and entry criteria/processes are detailed in the
BG Programme Rules.
• Pre-start: An individual who has indicated an interest in starting a business
• Pre-start Plus: An individual with a clear plan for a new business which has the potential
to show sustained levels of growth and offer employment
• New Business: A business up to one year from being ‘claimed’ as a start-up
• New Business Plus: A business up to one year from being ‘claimed’ as a start-up that
was previously in the Pre-Start Plus category
• Business Base: Any existing business 
• BG Growth: A trading business with plans for significant growth
• Local Priority: To be determined by individual areas but expected to be for businesses
who do not meet the BG Growth definition, and who are eligible for individual local
authority support programmes.
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The nature and intensity of the support provided will be determined by client needs and
ambitions, and the potential for economic impact, hence the expectation that those offering
higher growth potential will typically receive more intensive support.   
3.5 Events 
Free events are a key Business Gateway service which enable large numbers of clients to
access information and training on important business topics. 
The term “event” covers a wide variety of the free services which Business Gateway provides to
clients in group settings in local areas including training workshops, online delivery via
webinars, networking groups, and masterclasses. 
Events are often the first point of engagement that clients have with the Business Gateway
service, provide a valuable service to clients, and provide local areas with a pool of prospective
clients who could potentially access and benefit from additional services.   
All individuals and businesses based within a Local Authority area of operation may access any
Business Gateway event free of charge.   
Most ‘first point’ contact from clients interested in accessing events will come via the Events
section of Business Gateway website, the BG Enquiry Service, or by a direct enquiry at a local
Business Gateway office. 
Roles & Responsibilities 
Local Authorities are responsible for the operational arrangements and delivery of events in
their respective areas, and are supported in the delivery by the National Unit. 
The National Unit’s responsibilities include: 
• Provide and maintain a national Event Management System 
• Develop and maintain a current & relevant event catalogue  
• Collate and report nationally on the numbers of events and attendees 
• Manage a National Programme of webinars
• Marketing and promotion of events
• Record attendance for national webinars in EMS
Where a Local Authority choose to offer a programme of local events, their responsibilities
include: 
• Ensure appropriate delivery arrangements are in place, either through the procurement
and award of a contract or provision of appropriately qualified staff 
• Ensure that trainers delivering events have appropriate skills, qualifications / accreditation,
and experience 
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• Ensure that workshops deliver the specified learning outcomes 
• Develop a forward operating plan of event dates and topics, based on local client demands 
• Provide administration support to ensure that workshops are added to the Event
Management System and bookings are managed appropriately 
• Ensure that events are delivered in appropriate venues and are easily accessible to all
members of the public 
• Record attendance in EMS before the month end report deadline
• Ensure clients have access to feedback surveys after the delivery of the event   
Event Management System (EMS) 
The National Unit procures and maintains an Event Management System (EMS) on behalf of all
Business Gateway areas.  The EMS provides areas with the ability to organise events and
administer client registrations and attendance.   
Events organised through the EMS will appear on the Events section on www.bgateway.com
with clients able to book themselves on and manage their own attendance. Local users and
EFRS can also book attendees on to events through the back end of the system.
Event Catalogue 
A catalogue of training webinars for new start-ups and existing businesses has been developed
from experience and good practice.  Each webinar is specified in terms of learning outcomes it
will provide to clients.   This core catalogue is delivered by the BGNU via a contractor on a
monthly cycle and content is updated regularly as required.
Local areas should not duplicate delivery of the core catalogue but instead focus on topics and
themes that have particular local relevance, with tailored content for special interest or sector-
specific groups. BGNU will monitor the overall delivery of national webinars and raise instances
of duplication with local areas to ensure the resources available to the network are being used
to best effect.
Care should be taken to ensure that the delivery of national core and locally tailored events
complement other available services from key partners locally, and are agreed in advance of
delivery with the Service Manager in the Lead Local Authority. 
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4. CRM 
4.1 Introduction  
The purpose of having a CRM system is to record all BG interactions with clients in a consistent
and reportable manner across all areas. 
The current system is Microsoft Dynamics and economies of scale are realised by sharing this
with a number of other public sector business support agencies. These comprise: Scottish
Enterprise, SDS and SOSE. Governance is overseen by the CRM2 Partnership Board which
also includes Business Gateway National Unit, represented by COSLA, and EIS.
Data Security and Data Protection issues are managed by SE as the system ‘owner’.  All the
partner bodies including Local Authorities and COSLA have signed data sharing agreements
outlining their collective responsibilities with regard to CRM data while every individual granted
a licence is required to read and accept the Acceptable Usage Policy before gaining access. 
Password protection and multifactor authentication apply to all log ins. Licence management for
BG Users is carried out by the BGNU. 
In order to facilitate accurate, complete national performance reporting for the Business
Gateway service and full visibility of the support being provided to clients, it is essential that all
local areas utilise this shared CRM system on a regular basis and meet a consistent minimum
standard of data recording.  The details of these standards are laid out in more detail in the
Programme Rules, and training materials in a variety of formats are provided on the BG
Helpdesk to enable users to carry out day to day activities correctly and efficiently. 
While Business Gateway operates a cascading training model whereby local ‘champions’ are
responsible for new user training and promoting best practice, additional support can be
requested from the BGNU. It is the expectation that each LA will appoint a competent member
of staff to be their CRM champion.
First line support is offered by the BGNU Operations Team via the BG Helpdesk (for which
users also get a log in) with escalation routes via the EIS Service Desk and Dynamics Team at
Scottish Enterprise available for more serious issues, with the possibility of ultimate escalation
to Microsoft.  
4.2 CRM Data Collection & Reporting 
Data collection is achieved in a number of ways:
• A client enters their own details via a linked website. Key data such as name, business
name, address, email and phone is captured and, in accordance with the published
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privacy statement, “integrated” into the CRM database creating an Account and Contact
along with an interaction record.  
• A local user enters details manually, e.g. following a local enquiry.  The required standard
of data entry to CRM varies depending on the nature and intensity of the client’s
interaction.  
• Data enhancements via API e.g. from survey responses. 
Business Gateway operates an incremental data capture model where a client’s record may
start off with only basic information but is enhanced as additional details are collected during
ongoing contact.  At any stage a client can make a subject access request under the terms of
GDPR regarding the data held about them in CRM.
The minimum data quality standard and supporting evidence requirements are detailed in the
Programme Rules for specific milestone events in the client’s lifecycle, such as claiming a start.
Data quality and Integrity dashboards are provided to aid users to meet these standards.
It is up to all staff to record their day to day interactions with clients in the CRM, detailing the
support provided which is visible to all partners sharing the system.  Interaction records are
uploaded monthly to the BG Data Warehouse and performance reporting (by Local Authority) is
published quarterly by the BGNU.
The Local Authority Manager is required to carry out regular checks to ensure compliant
evidence exists of their area’s performance against the measures developed as part of the
Performance Measurement Framework (see Section 6).    
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5. MARKETING 
5.1 Introduction  
By general agreement of BGON, the marketing of Business Gateway should be delivered via a
combination of national and local marketing. There was also support for Business Gateway as a
national brand, albeit one that may be aligned with local business support products and brands
being developed by Local Authorities. This section provides some guidance on the delivery of
marketing activity to support Business Gateway.   
An effective marketing strategy, and its implementation through a partnership between BGNU
and the Local Authorities / contractors, will be a crucial element of the successful delivery of
Business Gateway services in the future. 
The Marketing Strategy has seven objectives: 
• promote awareness, nationally and locally, of Business Gateway as the prime supplier of
business support services, with a particular focus on existing/ growth businesses and the
added value that the service provides for these clients; 
• improve understanding of the services offered and where BG can help; 
• drive people to www.bgateway.com and encourage engagement at either national level
through BGES or locally through the local offices; 
• generate quality leads to the BGES and local offices; 
• create brand loyalty through ongoing communications; 
• capitalise on the use of digital and emerging technologies and the benefits that they can
offer; and 
• optimise the use of public funds.  
5.2 Marketing  
The marketing budget is held by the BGNU, with expenditure discussed and agreed with BGON
for ratification by the Business Gateway Board. Any additional marketing activity required to
support local needs will be negotiated and planned with Local Authority Service Managers.  
The BGNU (marketing team) will lead on all national and local marketing activity funded by the
national marketing budget, working with the BGON to ensure national and local requirements
are addressed. This team is responsible for setting the strategic marketing direction and
developing the tactical marketing plans. They will also be responsible for the Digital Strategy
and National Communications Plan. The Marketing Strategy and accompanying proposals for
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budget allocation will be presented to BGON and subsequently to the Business Gateway Board
for ratification.  
This approach requires close collaboration, trust and compliance with agreed procedures such
as the Business Gateway Brand Guidelines.  In order to deliver this, the BGNU marketing
team will publish an annual marketing strategy and will meet  each local authority Service
Manager regularly. The purpose of these meetings is to discuss and develop with each Local
Authority marketing plans, local requirements and to review issues such as lead generation,
marketing effectiveness and event attendance level. 
Local marketing activity 
A proportion of the national marketing spend will be allocated to fund local marketing activity.
This activity will be planned by BGNU with input from Local Authority Service Managers. 
If advertising is being paid for by the national budget then all Brand Guidelines should be
followed. If advertising is being paid for locally under the Business Gateway brand then the
same Brand Guidelines should be followed.  It is recognised that local authorities may be
required to undertake dual branding.   The inclusion of a local authority logo is at the discretion
of each local Authority. 
Otherwise than where previously agreed with BGNU marketing team, promotion of local training
workshops and events – other than ‘above the line’ advertising – is the responsibility of
providers and must be created and approved by the Local Authority Service Managers. 
The BGNU will, in consultation with and agreement from BGON, create, maintain and update a
marketing toolkit and hub (intranet), providing access to all local areas. Templates for
promotional material are available on the Marketing Toolkit (currently Canva).  Key documents
and brand guidance are held on the BG Hub and will be updated as necessary. In the interests
of efficiency, larger print runs should be paid for from the central marketing budget, and should
be agreed by Local Authority Service Managers and the BGNU marketing team before
implementation. 
Local teams are specifically prohibited from using CRM to carry out unauthorised marketing
activity and the BGNU marketing team should be consulted for guidance regarding the use of
suitable tools to carry out local email marketing activity.
Branding 
The Marketing team has created Brand Guidelines as an introduction to the Business Gateway
brand identity. The Brand Guidelines should be used as a reference point when creating all
local material. These cover the brand elements, which include: 
• brand marque; 
• brand consistency; 
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National Service Specification April 2024 23
• the wave; 
• iconography; 
• colours; 
• typography; 
• imagery; and literature. 
Certain brand elements are fixed in the Marketing Toolkit, so cannot be altered or replaced, and
requirements of individual local authorities are also covered. The various design elements such
as imagery and layouts are highlighted within the BG Brand guidelines. 
Providers should comply with Business Gateway brand guidelines in relation to all
communication activities with clients and partners. This includes email (using only
bgateway.com email addresses), presentations, letterheads and promotion of local numbers
etc. 
Promotion in Business Gateway locations is the responsibility of providers in consultation with
BGNU. However, all materials produced and displayed should be created using the Marketing
Toolkit, approved by the relevant BG manager and should conform to Business Gateway brand
guidelines. All assets for local promotion can be found in the Marketing Toolkit. 
All relevant local promotional material should be uploaded to the relevant local area section on
the Marketing Toolkit and forwarded on to the BGNU team for reference before being used
locally. 
All local signage requests should be referred to the Business Gateway marketing team who will
liaise with the signage supplier to arrange visits, draft up quotes provide visuals for approval
and arrange for kit-outs to take place. If new providers are appointed in local areas then a full
audit of locations and premises will be carried out. 
Social media 
All local Business Gateway social media accounts, templates and designs remain under the
management and ownership of Service Managers in the Local Authorities. If any changes to
delivery takes place then username and password should be passed to the relevant Business
Gateway manager. 
All local areas should inform the national marketing team which local contacts are using the
social media channels and which platforms they are using. All local social media platforms will
be monitored by the national Business Gateway marketing team. 
All areas should comply with the Business Gateway Social Media Policy, as well as relevant
local policies. This, along with the social media strategies and content plans for Facebook,
Twitter, LinkedIn and Google+, can be found on the BG Knowledge Hub. 
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All areas should ensure that when events are being communicated via these channels that
these link through to the relevant bgateway.com webpage of the Business Gateway EMS only.
No link through to an external website can be published. 
Social Media and Brand Communication information will be available from BGNU for all lead
contacts in each area. 
BGNU will populate, monitor and respond to enquiries via all national social media channels
(including Facebook and Twitter).
Public relations and communications - external communications 
National press and related PR activity will be managed through the BGNU marketing team and
their appointed provider. Local PR activity where undertaken should follow brand guidelines. 
National Events 
As part of the overall marketing strategy, the BGNU may run national events or sponsor/support
other appropriate events being run by other organisations. These events will be branded as
Business Gateway or Business Gateway branding will be on display, but will be managed and
funded separately from core Business Gateway delivery. Such events will be part of the agreed
annual marketing strategy. 
There are a number also a number of events that may be organised at a national or local level
which can be supported from the national budget, in accordance with the Lead Local Authority.
It will be part of the general commitment of the providers to provide staff for these events.  
PR Case Studies 
All local areas should compile and submit regular case study pro-formas. These should be
submitted to the appointed PR agency for consideration as press release, advertorial or to
feature in national campaigns.   
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6. PERFORMANCE MEASUREMENT 
6.1 Introduction 
The Performance Measurement Framework (PMF) is to be developed based on an approach
that specifies the inputs to a service, its immediate outputs as well as longer term outcomes and
impacts. It builds on the previous approach, extending this to identify key outcome and impact
measures.
6.2 Business Gateway PMF   
The purpose of the PMF is to demonstrate the full impact of the Business Gateway service and
to help Local Authorities to adopt a continuous improvement approach to developing the quality
of the service. This is proposed as a core framework with the potential for Local Authorities to
add locally relevant measures as required (e.g. to address local strategic priorities). The
Performance Framework will better represent network inputs, business ambitions and actual
outcomes.
Indicators that the framework includes are: 
• input measures: resources committed to Business Gateway services (financial and
human resources); 
• activity measures: number of enquiries received, appointments, phone calls, letters and
emails completed, number of defined products delivered, number of referrals made
(internal and external partners), category referrals completed, research requests made to
EFRS, aftercare activity and number of event attendees are uploaded to the BG
Datawarehouse ultimately allowing a calculation of the number of unique clients
supported; 
• output measures: number of businesses achieving a growth category (formerly
segmentation); number of completed action plans (including cross cutting themes, for
example sustainability, exporting, innovation, fair work which will provide a degree of
flexibility to meet changing economic priorities). 
• outcome/ impact measures:  number of viable new business starts; improved survival
rates of new businesses; tracking employment in supported businesses; level of business
ambitions met.
Any required changes to CRM will be subject to change management control by the CRM2
Partnership and associated programme plan.
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6.3 Quality Standards  
There is an expectation that Business Gateway will deliver a high quality service, and that
minimum quality standards will be met in line with the levels of service which clients can expect.  
Performance against these standards will be monitored to ensure that clients accessing support
from Business Gateway are receiving a high quality service, and identify any areas for
improvement.
Customer Satisfaction Tracking Survey 
BGNU undertakes monitoring of customer satisfaction on behalf of the Local Authorities which
deliver the Business Gateway service.   
Since 2014 this has been conducted on behalf of the National Unit by an independent market
and social research agency (Progressive Partnership), with customer satisfaction tracked
through an email survey. 
This email survey is sent to all individuals who have recently contacted Business Gateway, with
survey invitations sent on a weekly basis (two weeks after a client’s initial contact). 
The responses from the surveys are compiled into Monthly and Quarterly reports which provide
summary information for each month of the survey against Key Performance Indicators (KPIs). 
Quarterly reports also provide fuller analysis of the survey questions by individual Local
Authority area. 
These reports are provided to the Service Manager responsible for the Business Gateway
service within each (Lead) Local Authority area.  
Key Performance Indicators 
The Key Performance Indicators (KPIs) against which the quality of the service is measured
through the email satisfaction tracking survey are: 
• overall satisfaction with the service received; 
• whether the service delivered met expectations; 
• benefits the business will gain from the service received; and 
• whether the client would recommend Business Gateway to someone else.  
These KPIs enable Service Managers in Lead Local Authorities to compare the monthly and
quarterly performance of the service against average performance over a 12 month period. 
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Hot Alerts 
Hot Alerts are generated by respondents to the email satisfaction tracking survey indicating that
they are very dissatisfied with the service they have received. 
Details of the client who has expressed their dissatisfaction are sent to the Service Manager in
the Lead Local Authority to follow up with the client and take action to resolve the issue.
Survival Monitoring 
BGNU also deliver a robust survival monitoring methodology on behalf of the Local Authorities
which deliver the Business Gateway service. 
Clients who have been given assistance to start a new business are contacted via text survey at
the 12 month and 36 month anniversary of their trading start date to determine if they are still in
business. 
The responses from the survey are reported at a national and regional level on an annual
basis, and provide an overview of survival rates for businesses supported by Business Gateway
from 2018 onwards. Dashboarding of the responses can be found in the Target Dashboard
application. Automated updating of clients’ CRM records where a business indicates it is no
longer trading also takes place via API.   
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7. KEY COMMITMENTS OF SERVICE DELIVERY  
Key commitments which underpin the delivery of the service include: 
Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) 
Changes in delivery of the BG service, which take place from time to time - either bringing the
service in-house, contracting out for the first time or changing contractor,  may give rise to a
relevant transfer under the Transfer of Undertakings (Protection of Employment) Regulations
2006 (the ‘TUPE  Regulations’).  Any invitations to tender should include provision for transfer of
existing staff. Similarly local authorities considering bringing the Business Gateway service in
house should develop their plans on that basis. 
Tenderers should include transparent figures in their bids for any liability, occurring as a result
of assumptions made for each of the following: 
• any employee claims arising on or before the transfer of the Business Gateway services
which would transfer as a result of the operation of the TUPE Regulations; 
• termination of employment, on or after the award of the contract, of any employees
currently providing Business Gateway services on or after the award of the contract; and 
• employees' pension benefits/entitlements including, where applicable, providing
membership of a broadly comparable pension scheme. 
Property 
As a nationally recognised brand, and to maintain brand awareness, it is preferable that the
Service be delivered in suitable branded premises for customers to access. Where this is
reasonable to achieve in a geographical area this helps promote a strong brand presence in the
market, can house the Provider’s administrative base and, possibly, the base for the provision
of events and advisory services.
As a preferred approach, such property must be identified and secured from the start of service
delivery. The proposed location(s) should be accessible and in suitable condition for our
customers to receive the service in. The Local Authority will approve, where necessary, each
location which should be available on terms which are within the normal market range for the
relevant area. The BGNU will provide appropriate corporate branding and design guidance
accordingly.
Procurement, repair and maintenance of such premises will be the responsibility of the Provider.
Providers are reminded of equal opportunities obligations regarding access to Business
Gateway premises.
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It is recognised that some Local Authorities may have geographical constraints, such as
remoteness and limitations on physical connectivity and infrastructure, for example ferries, and
changes in how people choose to access services may reduce the viability of a fixed location. In
those circumstances providers may be better served through virtual and digital connections or
other potential, more local, premises better suited to the locale such as libraries or Community
facilities.
It is an important part of the Business Gateway service that all our potential clients have
reasonable access to services across any area in which a contract is being delivered. Each
service Provider must therefore demonstrate, for the geographical area for which a service is
being provided, how service access will be provided in a manner that is consistent with the
description of the customer categories and the service offer set out elsewhere. At a minimum,
the Provider must have a Business Gateway address for Business Gateway correspondence.
IT Equipment 
Access to Business Gateway systems and their effective operation by Providers is a crucial part
of the successful, measurable delivery of Business Gateway services. 
These systems include (but are not limited to) MS CRM, BG O365 webmail, EMS, BG Website,
MS Teams, Target Dashboard, Marketing Toolkit (Canva), BG Hub, BG Helpdesk and future
requirements will include an online portal.
All Providers must meet the hardware and software standards required to access these online
tools and must undertake to meet BG operating protocols in line with requirements set out in the
Programme Rules. These will provide the basis for on-going management of the service.  
In any Invitation to Tender, Local Authorities should seek a response that interested parties:
• Confirm they understand and can comply with the detailed requirements set out in the
Programme Rules; and 
• provide a detailed approach and explanation of how they will satisfy the Information
System (IS) requirements. 
Accreditation and Continuous Professional Development (CPD)
It is an expectation that all business advisers who operate under the Business Gateway brand
deliver professional business advice, are suitably qualified and have appropriate business
knowledge and skill levels.  
To ensure a minimum standard is maintained across the whole of Scotland, all Business
Gateway advisers providing advice on behalf of Business Gateway must possess either the
current SFEDI “Diploma in Business and Enterprise Support”, an equivalent directly relevant
qualification, or directly relevant and significant work experience. Where advisory staff do not
have this accreditation they have a period of one year from the date of employment to gain this.  
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Providers must meet any and all costs associated with their staff attaining this accreditation and
maintaining its validity during the term of their employment on Business Gateway activity. 
In addition to formal accreditation for business advisers, the Business Gateway National Unit
will develop and provide a CPD programme for all staff delivering the service. In developing the
CPD programme BGNU will seek to utilise best practice from other professional bodies, and be
guided in this by BG staff members / ambassadors. This will combine mandatory core elements
of policy and service delivery to ensure a consistent standard of advice across the Business
Gateway network and optional topics for staff to build skills and knowledge in other areas. This
will also be supported by a regular programme of awareness sessions on specific topics or with
other business support partners to ensure that all staff delivering the service have the most up
to date information to enable them to support customers effectively.
Data Protection
The Business Gateway service is delivered by Local Government in Scotland which includes
the Business Gateway National Unit (COSLA), individual Local Authorities, and contractors /
providers who deliver services and process data on behalf of the Business Gateway National
Unit or Local Authorities.
The Business Gateway service processes data under the Public Task lawful basis (Article
6(1)(e) Data Protection Act 2018) as part of our duties as local government in Scotland.
Data is also shared with service delivery partners to enable them to assist in the delivery of
business advice and support services. These partners currently include: Local Government
(COSLA and Scotland’s 32 Local Authorities), Scottish Enterprise, Highlands & Islands
Enterprise, South of Scotland Enterprise, Skills Development Scotland, VisitScotland, and
contractors who deliver services on our behalf.
Full details are provided on the Business Gateway a Privacy Policy
(https://www.bgateway.com/privacy-policy)  that informs clients about how their data is collected
and processed and shared. 
In the course of their daily activities, Business Gateway staff are privy to vast amounts of data
relating to individuals and businesses via the CRM, EMS and PTS systems in addition to
databases held locally. 
Local Authority Contract Managers and Providers should be aware of their responsibilities under
Data Protection legislation, and it is the responsibility of the Local Authorities to carry out
introductory training for all new Business Gateway staff in the principles of data protection and
regular refresher training at which attendance must be considered mandatory.
Staff should also be made aware of Business Gateway processes published as part of the
Programme Rules, particularly where this relates to Data Protection, Data Recording, Marketing
activity and the dealing correctly with Subject Access Requests.
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REPORT TO:    ECONOMIC DEVELOPMENT AND INFRASTRUCTURE    
SERVICES COMMITTEE ON 4 FEBRUARY 2025 
SUBJECT: INFORMATION REPORT: UPDATE ON EXTENDED PRODUCER
RESPONSBILITY FOR PACKAGING: LOCAL AUTHORITY
PAYMENTS 
BY:  DEPUTE CHIEF EXECUTIVE (ECONOMY, ENVIRONMENT AND
FINANCE) 
1. REASON FOR REPORT 
1.1 To inform Committee of the latest position with regards the payment that the
Council will receive for 2025/26 in relation to Extended Producer
Responsibility (EPR) for packaging. 
1.2 This report is submitted to Council in terms of Section III (F) (22) of the
Council's Scheme of Administration relating to the arrangements for waste
management, street sweeping, refuse collection and refuse disposal including
recycling. 
2. BACKGROUND 
2.1 To support the transition to a circular economy packaging extended producer
responsibility (pEPR) seeks to increase the amount of packaging that is
recycled, and the delivery of effective waste management services by local
authorities is a key aspect of achieving this. 
2.2 As part of the Extended Producer Responsibility Obligations (Packaging and
Packaging Waste) Regulations 2024 from 2025, some organisations and
businesses will have to pay a fee for the packaging they supply to, or import,
into the UK market. This is called extended producer responsibility (EPR) for
packaging.  
2.3 The money will go to local authorities as: 
• waste collection or unitary authorities 
• statutory waste disposal authorities 
2.4 Local Authority household packaging waste service costs have been
estimated using a model developed by Defra with the support of the Devolved
Governments.  The model used is called the Local Authority Packaging Cost
and Performance Model (LAPCAP).  LAPCAP calculates the net efficient
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waste management costs of managing household packaging waste for each
individual local authority. 
2.5 As will be defined in the new pEPR regulations due to come into force in
January 2025, as at the time of writing this report, “Efficient disposal costs”
are disposal costs that an authority would incur if its costs were as low as
reasonably possible, taking into account: 
• the waste management service provided by the authority. 
• any other factors specific to that authority, or to the area in relation to
which it exercises its waste management functions, which in the opinion of
the Scheme Administrator are likely to affect its disposal costs. 
2.6 Net efficient disposal costs” means the efficient disposal costs less the
expected income from sale of recyclable packaging.  Net efficient disposal
costs include costs incurred for the collection (via kerbside, communal
collections, bring sites and HWRCs where relevant), handling, treatment, and
disposal of household packaging waste net of income from the sale of
recyclate, including administration and communications.   
2.7 The Extended Producer Responsibility Obligations (Packaging and Packaging
Waste) Regulations will require a Scheme Administrator to assess the
effectiveness of local authority with regards waste management.  The
Scheme Administrator is due to be appointed by January 2025 (at the time of
writing this report). 
What materials are in scope
2.9 Estimated payments will only cover the cost of the packaging element of the
waste stream for eight high-level packaging material types, namely glass,
aluminium, steel, paper and card, plastic, wood, fibre-based composite, and
other materials. 
2.10 In year 1 of pEPR (25/26), LAPCAP does not include business waste, street
bin waste or litter.  Drinks containers made from polyethylene terephthalate
(PET), steel, or aluminium between 150ml – 3l in size are excluded from
pEPR until 2028 and will be in scope from 2028 only if a Deposit Return
Scheme is not in place by that time. 
How are payments calculated for 2025/26
2.11 In the first year (April 2025 to March 2026) local authorities will receive a basic
payment based on:  
• publicly available and existing data, including WasteDataFlow 
information and Office of National Statistics (ONS) data 
• data about tonnages, operations and unit costs gathered from a 
representative sample of LAs across the UK 
2.12 For the purpose of the calculating the costs and payments to be received local
authorities have been categorised into neighbour groups based on sharing
similar characteristics.  The characteristics include factors such as:
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• Collection frequency
• Rurality
• Depreviation
• Tonnes collected per household 
2.13 Due to the difference in cost drivers between dry recycling and residual waste, 
a single local authority can be in one group for its dry recycling collections, 
another for residual, and a third group for household waste recycling centres
(HWRCs) and bring sites (as only rurality and deprivation metrics are used for
HWRC and bring sites groupings). 
When will Moray Council receive notification of its actual payments for
2025/26 and when will payment be received
2.14 The date for when the Council will receive confirmation of its actual payment 
for 2025/26 is still to be to determined.  The payments will be received in
November 2025, January 2026 and March 2026. 
How will payments for 2026/27 be calculated 
2.15 From 2026/27 it is indicated that local authorities will receive 4 quarterly
payments. 
2.16 The details of the data that local authorities will need to submit for future
years, together will any implications for improvements have not yet been
finalised.  The information available states that local authorities will be
updated on this matter as soon as possible. 
3. SUMMARY OF IMPLICATIONS 
(a) Corporate Plan and 10 Year Plan (Local Outcomes Improvement
Plan (LOIP))
The provision of refuse and recycling services is a mandatory function. 
Ensuring that the Council has modern infrastructure in place to support
these mandatory services contributes towards the council’s priority to
build thriving, resilient, empowered communities. 
(b) Policy and Legal
There are no legal implications arising from this report. 
(c) Financial implications
Whilst the amount is yet to be finalised the payment will be additional
funding for 2025/26. 
(d) Risk Implications 
The risks associated within this project are: 
• The Council has been put into the wrong neighbour group and so
does not receive the appropriate award.
• Following further validation and assurance checks the final award
for 2025/26 is less than the provisional figure. 
(e) Staffing Implications
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There are no staffing implications arising directly from this report.   
(f) Property
There are no property implications arising from this report. 
(g) Equalities/Socio Economic Impact
There are no equalities implications or implications for the socio-
economic duty arising from this report. 
(h) Climate Change and Biodiversity Impacts
There are no Climate Change or biodiversity implications arising from
this report. 
(i) Consultations
The Depute Chief Executive (Economy, Environment and Finance),
Head of Environmental and Commercial Services, Legal Services
Manager, Head of Financial Services, Principal Climate Change Strategy
Officer, Waste Manager, and Caroline O’Connor, Committee Services
Officer have been consulted and their comments incorporated into the
report. 
4. CONCLUSION 
4.1 Committee is asked to note the contents of report with regards the
Extended Producer Responsibility payment to Moray Council.   
Author of Report: Paul Wolverson, Service Manager 
Background Papers: 
Ref: SPMAN-524642768-1198
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REPORT TO: ECONOMIC DEVELOPMENT AND INFRASTRUCTURE
SERVICES COMMITTEE ON 4 FEBRUARY 2025 
SUBJECT: INFORMATION REPORT:  LIST OF PROPERTY
TRANSACTIONS CONCLUDED UNDER DELEGATED
POWERS 
BY: DEPUTE CHIEF EXECUTIVE (ECONOMY, ENVIRONMENT &
FINANCE) 
1. REASON FOR REPORT 
1.1 To inform the Committee of property transactions which have been dealt with
under delegated powers. 
1.2 This report is submitted to the Economic Development and Infrastructure
Services Committee in terms of Section III F (5) of the Council's Scheme of
Administration relating to industrial and commercial development. 
2. BACKGROUND 
2.1 In terms of the Council’s Scheme of Delegation, the Head of Housing and
Property has delegated authority to conduct rent reviews and fix new rents. 
2.2 In terms of the Council’s Scheme of Delegation, the Head of Housing and
Property has delegated authority to grant leases, licenses or other occupation
agreements of land and buildings for 25 years or less duration where the
initial rent does not exceed £35,000 per annum and sites on long term
building leases of up to 125 years duration where the initial rent does not
exceed £35,000 per annum. 
2.3 In terms of the Council’s Scheme of Delegation, the Head of Housing and
Property has delegated authority to grant wayleaves or servitudes over
Council owned property. 
2.4 In terms of the Council’s Scheme of Delegation, the Head of Housing and
Property has delegated authority to approve the sale of Council property
where the purchase price does not exceed £30,000, subject to liaison with
appropriate officials of the Council, and the ward members. 
2.5 In terms of the Council’s Scheme of Delegation, the Head of Housing and
Property has delegated authority to approve acquisitions of heritable property
up to a value of £250,000 where appropriate provisions have been made in
the Capital or Revenue Plan.  For acquisitions by lease, this delegation covers
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property with a rental value of up to £5,000 per annum where appropriate
provision has been made in the Capital or Revenue Plan. 
2.6 In terms of the Council’s Scheme of Delegation, the Head of Housing and
Property has delegated authority to approve acquisitions of heritable property
up to a value of £50,000 where appropriate provisions have been made in the
Capital or Revenue Plan. 
3. SUMMARY OF IMPLICATIONS 
(a) Corporate Plan and 10 Year Plan (Local Outcomes Improvement
Plan (LOIP))
The proposals support the aim of delivering financial stability. 
(b) Policy and Legal
None. 
(c) Financial Implications
The transactions detailed in APPENDICES I, II, III and IV will generate
an income to the Council. 
Funds for the acquisition of the property detailed in APPENDIX V were
made from existing provision in the Housing Revenue Account. 
(d) Risk Implications
None. 
(e) Staffing Implications
None. 
(f) Property
None. 
(g) Equalities/Socio Economic Impact
None. 
(h) Climate Change and Biodiversity Impacts  
None. 
(i) Consultations
None. 
4. CONCLUSION 
4.1 It is recommended that the Committee notes the 15 rent reviews, 8
leases, 2 servitudes/wayleaves, 1 sale of ground, 1 acquisition of
property and 2 road acquisitions as set out in APPENDICES I, II, III, IV, V
and VI. 
Author of Report: Ian Walker, Asset Manager (Commercial Buildings)
Background Papers: 
Ref:   SPMAN-1285234812-1730 
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APPENDIX I
REPORT TO THE ECONOMIC DEVELOPMENT AND INFRASTRUCTURE SERVICES COMMITTEE ON 4 FEBRUARY 2025 
LIST OF RENT REVIEWS OF BUILDINGS AND SITES - SUBMITTED FOR NOTING 
1. Ref No.
2. Valuer’s Ints.
1. Address
2. Tenant
1. Building (m²) 
2. Site (Ha)
1. Date of Entry
2. Review Period
Interval
1. Previous Rent
2. New Rent
Remarks
1. EL/8/233 
2. IAWA
1. Unit 33 Tyock Industrial Estate,
Elgin 
2. Carkare Ltd
1. 132sqm 
2. 0.04Ha
1. 1/9/08 
2. 3 years
1. £11,000 p.a. 
2. £13,000 p.a.
Permitted Use:
Repair & testing of
motor vehicles.
1. BK/4/202 
2. ALBU
1. 3 Newtonhill Spur, Buckie 
2. Lossie Seafoods Ltd
(SC145004)
1. 330sqm 
2. 0.42Ha
1. 1/12/21 
2. 3 years
1. £25,605 p.a. 
2. £27,090 Year 1,
£30,100 Year 2, &
£33,110 Year 3
Permitted Use:
Workshop &
warehouse in relation
to food processing
business.
1. EL/645/35 
2. ALBU
1. Site Compound, Grampian
Road, Elgin 
2. Sandy Reid SLR Auto Repairs
Ltd (SC636624)
1. 314sqm 
2. 0.35 Ha
1. 8/10/19 
2. 5 years
1. £13,000 p.a. 
2. £21,000 p.a.
Permitted Use:
Vehicle repair garage
& MOT testing station
with ancillary storage.
1. EL/1/130 
2. ALBU
1. Plot 1 East Development Site,
Chanonry Road South, Elgin 
2. Mr William T Miller
1. - 
2. 0.41Ha
1. 20/6/11 
2. 5 years
1. £10,000 p.a. 
2. £15,000 p.a.
Permitted Use:
Contractors
aggregates & soil
storage compound.
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1. KE/1/100 
2. ALBU
1. 11 Westerton Road North,
Keith 
2. Marshall Brothers Transport Ltd
(SC637484)
1. - 
2. 0.1Ha
1. 1/12/21 
2. 3 years
1. £3,200 p.a. 
2. £3,750 p.a.
Permitted Use:
Haulier’s yard &
vehicle depot.
1. HN/750/3 
2. ALBU
1. Site No 3, 5, 6, 10 & 38
Hopeman Harbour, Hopeman 
2. Gordonstoun Schools Ltd
1. 250.17sqm 
2. 0.01Ha
1. 11/11/01 
2. 3 years
1. £5,620 p.a. 
2. £6,650 p.a.
Permitted Use:
Storage of boat gear.
1. EL/645/1 
2. SOAND
1. 19-23 High Street, Elgin 
2. Quarriers
1. 145sqm 
2. 0.015Ha
1. 1/8/15 
2. 3 years
1. £15,000 p.a. 
2. £15,000 p.a.
Permitted Use:
Class 2 – 4 Office.
1. KE/1/111 
2. ALBU
1. 6 Westerton Road South, Keith 
2. Roderick & Shona Bain
1. - 
2. 0.11Ha
1. 11/2/19 
2. 3 years
1. £3,850 p.a. 
2. £4,500 p.a.
Permitted Use:
Coach park & depot.
1. EL/1/105 
2. ALBU
1. 11 & 12 Chanonry Spur, Elgin 
2. Sally Ann Brown & Asko
Properties Ltd (SC632808)
1. - 
2. 0.15Ha
1. 20/12/19 
2. 5 years
1. £6,950 p.a. 
2. £8,150 p.a.
Permitted Use:
Workshop & storage
units falling within
Classes 4, 5 or 6 of
the Schedule to the
Town & Country (Use
Classes)(Scotland)
Order 1997 as
amended. 
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1. EL/5/260 
2. ALBU
1. 26 Perimeter Road, Elgin 
2. Kineil Coaches Ltd
1. - 
2. 0.17Ha
1. 12/11/12 
2. 5 years
1. £5,800 p.a. 
2. £7,730 p.a.
Permitted Use:
Vehicle depot for
coach company.
1. EL/1/128 
2. ALBU
1. 10A Chanonry Street, Elgin 
2. David Beveridge Electrical
Contractors Ltd
1. - 
2. 0.027Ha
1. 20/12/04 
2. 5 years
1. £1,085 p.a. 
2. £1,575 p.a.
Permitted Use:
Storage & industrial
purposes in
connection with
tenant’s business as
an electrician.
1. EL/5/104 
2. ALBU
1. 4 Parade Spur North, Elgin 
2. Keith Paterson
1. - 
2. 0.02Ha
1. 1/1/85 
2. 5 years
1. £950 p.a. 
2. £1,040 p.a.
Permitted Use:
To be used for
tenant’s business of
electrical & building
contractors.
1. BK/750/91 
2. ALBU
1. 28 Commercial Road, Buckie 
2. Ocean Winds UK Ltd (No
07101190)
1. - 
2. 0.31Ha
1. 5/1/23 
2. Annually
1. £32,750 p.a. 
2. £33,480 p.a.
Permitted Use:
Depot for offshore
windfarm with offices
& car park.
1. KE/1/201 
2. ALBU
1. 1 & 2 Westerton Road South,
Keith 
2. Gordon Duncan Ltd
1. 130sqm 
2. 0.02Ha
1. 10/12/09 
2. 3 years
1. £8,600 p.a. 
2. ££9,650 p.a.
Permitted Use:
Light haulage
storage/warehouse.
1. EL/5/266 
2. ALBU
1. 16 Pinefield Parade, Elgin 
2. Mrs Elaine Williamson
1. - 
2. 0.02Ha
1. 12/2/10 
2. 5 years
1. £1,600 p.a. 
2. £1,750 p.a.
Permitted Use:
Two workshop/
storage units. 
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APPENDIX II 
REPORT TO THE ECONOMIC DEVELOPMENT AND INFRASTRUCTURE SERVICES COMMITTEE ON 4 FEBRUARY 2025 
LIST OF LEASES OF BUILDINGS AND SITES – SUBMITTED FOR NOTING 
1. Reference No. 
2. Officer’s Ints
1. Address 
2. Tenant
1. Building (m²) 
2. Site (Ha) 
1. Date of Entry 
2. Review Period
Rent
(per annum)
Remarks
1. HN/750/3 
2. ALBU
1. Site No 3,5,6,10 & 38
Hopeman Harbour,
Hopeman 
2. Gordonstoun Schools
Ltd
1. 250.17sqm 
2. 0.01Ha
1. 11/11/24 
2. 3 years
£6,650 Permitted Use:  Storage of
boat gear.
1. EL/1/101 
2. ALBU
1. 1-2 Chanonry Spur,
Elgin 
2. Northern Fabricators Ltd
1. - 
2. 0.6514Ha
1. 11/11/25 
2. 5 years
£30,710 Permitted Use:  Fabricators
workshop, office & yards.
1. EL/1/139 
2. ALBU
1. 7 & 9 Chanonry Road
North, Elgin 
2. SKS Coatings Ltd
(SC638384)
1. - 
2. 0.19Ha
1. 18/10/24 
2. 5 years
£6,750 Permitted Use:  Development
of 2 to 4 industrial units. 
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1. LO/1/201 
2. SOAND
1. Unit 1 Coulardbank
Industrial Estate,
Lossiemouth 
2. Optimum BMS Ltd
1. 70.04sqm 
2. 0.01Ha
1. 1/11/24 
2. 3 years
£6,700 Permitted Use:  Storage of
electrical & plumbing materials
& ancillary office
accommodation for electrical &
plumbing business operations.
1. KE/1/221 
2. ALBU
1. Unit 1, 4 Westerton
Road South, Keith 
2. Mrs Laura Low
1. 25sqm 
2. 0.003Ha
1. 19/12/24 
2. 3 years
£3,150 Permitted Use:  Hairdressers.
1. EL/1/221 
2. ALBU
1. Unit 1, 2 Chanonry Road
North, Elgin 
2. Ms Rachael Forsyth
1. 25sqm 
2. 0.003Ha
1. 1/12/24 
2. 3 years
£4,000 Permitted Use:  Teaching
music.
1. BK/4/000 
2. ALBU
1. March Road
Development IE, Buckie 
2. Mrs Rachel Eagle
1. - 
2. 4.34Ha
1. 12/10/24 
2. None
£200 Permitted Use:  Grazing.
1. BK/482/2 
2. ALBU
1. Millbank Primary School,
Buckie 
2. Scottish Hydro Electric
Power Distribution plc
1. - 
2. 0.003Ha
1. 19/11/24 
2. None
£1 Permitted Use:  Site for
electricity sub station. 
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APPENDIX III 
REPORT TO THE ECONOMIC DEVELOPMENT & INFRASTRUCTURE SERVICES COMMITTEE ON 4 FEBRUARY 2025 
GRANT OF SERVITUDES AND WAYLEAVES 
Officer Intls  File Ref  Address Description Price  Comments
CQ Wayleaves/
Telecom
Adjacent Former Squash Club
Fife Park
Keith
AB55 5GF 
Telecoms Wayleave £426.02 Wayleave granted to BT Openreach
for ducted connection to former
Squash Club building. 
CQ EL/GEN Fields at Bilbohall, Edgar Road,
Elgin
Short term occupation/
site compound licence 
Site Area:  100sqm
Start Date:  13/11/2024
Expiry:  19/12/2024
£205.00 Medical drone delivery company
launch/landing pad in support of new
route testing between Raigmore
Hospital, Dr Gray’s & Aberdeen Royal
Infirmary. 
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APPENDIX IV 
REPORT TO THE ECONOMIC DEVELOPMENT AND INFRASTRUCTURE SERVICES COMMITTEE ON 4 FEBRUARY 2025 
LIST OF SALES OF GROUND TO ADJOINING PROPRIETORS – SUBMITTED FOR NOTING 
Description  Address  Purchaser Price  Comments
Sale of ground 49sqm
Concluded 16.10.2024
Land adjacent to
‘Linnfield’, St Catherine’s
Road, Forres, IV36 1GB
Dr Douglas Borthwick &
Dr Amy Taylor
£2,350 Obtained Planning Consent
Ref: 23/00775/APP 
Estates Ref:  CQ 
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APPENDIX V 
REPORT TO THE ECONOMIC DEVELOPMENT AND INFRASTRUCTURE SERVICES COMMITTEE ON 4 FEBRUARY 2025 
LIST OF ACQUISITION OF FEU - SUBMITTED FOR NOTING 
Officer
Intls
Address Description Land Owner Purchase Price Comments
SOAND  117 Well Road, Buckie 2 storey end terrace house Miss Alice Stewart £120,000 Purchased to add to Council
housing stock. 
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APPENDIX VI
REPORT TO THE ECONOMIC DEVELOPMENT AND INFRASTRUCTURE SERVICES COMMITTEE ON 4 FEBRUARY 2024 
LIST OF ROAD ACQUISITIONS – SUBMITTED FOR NOTING 
Officers
Intls
Plot No/Road Improvement
Scheme
Description of Land to be
Acquired
Land Owner Compensation
Agreed
Comments
ALBU Plots 1 – 4 C25E
Duffus to Roseisle Road
Widening
Land for road widening Mr Edward Dunbar £7,400 Compensation inclusive of
agents fees. 
ALBU Plot 3 C25E
Duffus to Roseisle Road
Widening
Land for road widening
tenant interest
Mr Andy Anderson £750 Compensation inclusive of
agents fees. 
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