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 Page 1
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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. Page 2
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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. Page 4
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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 Page 5
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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. Page 7
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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. Page 8
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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. Page 9
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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%. Page 10
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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. Page 11
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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 Page 12
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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: Page 13
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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. Page 14
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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 Page 15
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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. Page 16
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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 Page 17
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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. Page 18
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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. Page 19
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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 Page 20
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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 Page 21
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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. Page 23
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Page ii 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. Page 24
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Page iii 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 Page 25
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MORAY COUNCIL HARBOURS PMSC Audit 2024 MAREX-4330-01 Page1 PMSC Audit 2024, v2.0 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. Page 27
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MORAY COUNCIL HARBOURS PMSC Audit 2024 MAREX-4330-01 Page2 PMSC Audit 2024, v2.0 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. Page 28
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MORAY COUNCIL HARBOURS PMSC Audit 2024 MAREX-4330-01 Page3 PMSC Audit 2024, v2.0 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. Page 29
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MORAY COUNCIL HARBOURS PMSC Audit 2024 MAREX-4330-01 Page4 PMSC Audit 2024, v2.0 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. Page 30
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MORAY COUNCIL HARBOURS PMSC Audit 2024 MAREX-4330-01 Page5 PMSC Audit 2024, v2.0 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. Page 31
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MORAY COUNCIL HARBOURS PMSC Audit 2024 MAREX-4330-01 Page6 PMSC Audit 2024, v2.0 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. Page 32
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MORAY COUNCIL HARBOURS PMSC Audit 2024 MAREX-4330-01 Page7 PMSC Audit 2024, v2.0 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 Page 33
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MORAY COUNCIL HARBOURS PMSC Audit 2024 MAREX-4330-01 Page8 PMSC Audit 2024, v2.0 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. Page 34
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MORAY COUNCIL HARBOURS PMSC Audit 2024 MAREX-4330-01 Page9 PMSC Audit 2024, v2.0 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. Page 35
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MORAY COUNCIL HARBOURS PMSC Audit 2024 MAREX-4330-01 Page10 PMSC Audit 2024, v2.0 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 Page 36
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MORAY COUNCIL HARBOURS PMSC Audit 2024 MAREX-4330-01 Page11 PMSC Audit 2024, v2.0 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. Page 37
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MORAY COUNCIL HARBOURS PMSC Audit 2024 MAREX-4330-01 Page12 PMSC Audit 2024, v2.0 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 Page 38
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MORAY COUNCIL HARBOURS PMSC Audit 2024 MAREX-4330-01 Page13 PMSC Audit 2024, v2.0 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 Page 39
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MORAY COUNCIL HARBOURS PMSC Audit 2024 MAREX-4330-01 Page14 PMSC Audit 2024, v2.0 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. Page 40
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MORAY COUNCIL HARBOURS PMSC Audit 2024 MAREX-4330-01 Page15 PMSC Audit 2024, v2.0 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 Page 41
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MORAY COUNCIL HARBOURS PMSC Audit 2024 MAREX-4330-01 Page16 PMSC Audit 2024, v2.0 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 Page 42
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MORAY COUNCIL HARBOURS PMSC Audit 2024 MAREX-4330-01 Page17 PMSC Audit 2024, v2.0 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. Page 43
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MORAY COUNCIL HARBOURS PMSC Audit 2024 MAREX-4330-01 Page19 PMSC Audit 2024, v2.0 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. Page 45
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MORAY COUNCIL HARBOURS PMSC Audit 2024 MAREX-4330-01 Page20 PMSC Audit 2024, v2.0 PMSC Guide to Good Practice PMSC Indicative Sources of Evidence - Key Words SMS / Document Reference Comments Observations 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) Page 46
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MORAY COUNCIL HARBOURS PMSC Audit 2024 MAREX-4330-01 Page21 PMSC Audit 2024, v2.0 PMSC Guide to Good Practice PMSC Indicative Sources of Evidence - Key Words SMS / Document Reference Comments Observations 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. Page 47
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MORAY COUNCIL HARBOURS PMSC Audit 2024 MAREX-4330-01 Page22 PMSC Audit 2024, v2.0 PMSC Guide to Good Practice PMSC Indicative Sources of Evidence - Key Words 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. Page 48
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MORAY COUNCIL HARBOURS PMSC Audit 2024 MAREX-4330-01 Page23 PMSC Audit 2024, v2.0 PMSC Guide to Good Practice PMSC Indicative Sources of Evidence - Key Words SMS / Document Reference Comments Observations 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. Page 49
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MORAY COUNCIL HARBOURS PMSC Audit 2024 MAREX-4330-01 Page24 PMSC Audit 2024, v2.0 PMSC Guide to Good Practice PMSC Indicative Sources of Evidence - Key Words SMS / Document Reference Comments Observations 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. Page 50
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MORAY COUNCIL HARBOURS PMSC Audit 2024 MAREX-4330-01 Page25 PMSC Audit 2024, v2.0 PMSC Guide to Good Practice PMSC Indicative Sources of Evidence - Key Words SMS / Document Reference Comments Observations 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 Page 51
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MORAY COUNCIL HARBOURS PMSC Audit 2024 MAREX-4330-01 Page26 PMSC Audit 2024, v2.0 PMSC Guide to Good Practice PMSC Indicative Sources of Evidence - Key Words SMS / Document Reference Comments Observations Section Details 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. Page 52
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MORAY COUNCIL HARBOURS PMSC Audit 2024 MAREX-4330-01 Page27 PMSC Audit 2024, v2.0 PMSC Guide to Good Practice PMSC Indicative Sources of Evidence - Key Words SMS / Document Reference Comments Observations Section Details 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. Page 53
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MORAY COUNCIL HARBOURS PMSC Audit 2024 MAREX-4330-01 Page28 PMSC Audit 2024, v2.0 PMSC Guide to Good Practice PMSC Indicative Sources of Evidence - Key Words SMS / Document Reference Comments Observations Section Details 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. Page 54
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MORAY COUNCIL HARBOURS PMSC Audit 2024 MAREX-4330-01 Page29 PMSC Audit 2024, v2.0 PMSC Guide to Good Practice PMSC Indicative Sources of Evidence - Key Words SMS / Document Reference Comments Observations Section Details 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. Page 55
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MORAY COUNCIL HARBOURS PMSC Audit 2024 MAREX-4330-01 Page30 PMSC Audit 2024, v2.0 PMSC Guide to Good Practice PMSC Indicative Sources of Evidence - Key Words SMS / Document Reference Comments Observations Section Details 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. Page 56
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MORAY COUNCIL HARBOURS PMSC Audit 2024 MAREX-4330-01 Page31 PMSC Audit 2024, v2.0 PMSC Guide to Good Practice PMSC Indicative Sources of Evidence - Key Words SMS / Document Reference Comments Observations Section Details 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. Page 57
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MORAY COUNCIL HARBOURS PMSC Audit 2024 MAREX-4330-01 Page32 PMSC Audit 2024, v2.0 PMSC Guide to Good Practice PMSC Indicative Sources of Evidence - Key Words SMS / Document Reference Comments Observations Section Details 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. Page 58
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MORAY COUNCIL HARBOURS PMSC Audit 2024 MAREX-4330-01 Page33 PMSC Audit 2024, v2.0 PMSC Guide to Good Practice PMSC Indicative Sources of Evidence - Key Words SMS / Document Reference Comments Observations Section Details 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. Page 59
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MORAY COUNCIL HARBOURS PMSC Audit 2024 MAREX-4330-01 Page34 PMSC Audit 2024, v2.0 PMSC Guide to Good Practice PMSC Indicative Sources of Evidence - Key Words SMS / Document Reference Comments Observations Section Details 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. Page 60
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MORAY COUNCIL HARBOURS PMSC Audit 2024 MAREX-4330-01 Page35 PMSC Audit 2024, v2.0 PMSC Guide to Good Practice PMSC Indicative Sources of Evidence - Key Words SMS / Document Reference Comments Observations Section Details 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. Page 61
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MORAY COUNCIL HARBOURS PMSC Audit 2024 MAREX-4330-01 Page36 PMSC Audit 2024, v2.0 PMSC Guide to Good Practice PMSC Indicative Sources of Evidence - Key Words SMS / Document Reference Comments Observations Section Details 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.” Page 62
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MORAY COUNCIL HARBOURS PMSC Audit 2024 MAREX-4330-01 Page37 PMSC Audit 2024, v2.0 END OF DOCUMENT Page 63
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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. Page 65
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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 Page 66
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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 Page 67
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APPENDIX 2 MORAY HARBOURS SAFETY MANAGEMENT SYSTEM PAGE 4 OF 69 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 Page 68
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APPENDIX 2 MORAY HARBOURS SAFETY MANAGEMENT SYSTEM PAGE 5 OF 69 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 Page 69
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APPENDIX 2 MORAY HARBOURS SAFETY MANAGEMENT SYSTEM PAGE 6 OF 69 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. Page 70
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APPENDIX 2 MORAY HARBOURS SAFETY MANAGEMENT SYSTEM PAGE 7 OF 69 ISSUE A REV 07 AUGUST 2022 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. Page 71
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APPENDIX 2 MORAY HARBOURS SAFETY MANAGEMENT SYSTEM PAGE 8 OF 69 ISSUE A REV 07 AUGUST 2022 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 Page 72
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APPENDIX 2 MORAY HARBOURS SAFETY MANAGEMENT SYSTEM PAGE 9 OF 69 ISSUE A REV 07 AUGUST 2022 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 Page 73
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APPENDIX 2 MORAY HARBOURS SAFETY MANAGEMENT SYSTEM PAGE 10 OF 69 ISSUE A REV 07 AUGUST 2022 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. Page 74
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APPENDIX 2 MORAY HARBOURS SAFETY MANAGEMENT SYSTEM PAGE 11 OF 69 ISSUE A REV 07 AUGUST 2022 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 Page 75
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APPENDIX 2 MORAY HARBOURS SAFETY MANAGEMENT SYSTEM PAGE 12 OF 69 ISSUE A REV 07 AUGUST 2022 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). Page 76
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APPENDIX 2 MORAY HARBOURS SAFETY MANAGEMENT SYSTEM PAGE 13 OF 69 ISSUE A REV 07 AUGUST 2022 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. Page 77
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APPENDIX 2 MORAY HARBOURS SAFETY MANAGEMENT SYSTEM PAGE 14 OF 69 ISSUE A REV 07 AUGUST 2022 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. Page 78
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APPENDIX 2 MORAY HARBOURS SAFETY MANAGEMENT SYSTEM PAGE 15 OF 69 ISSUE A REV 07 AUGUST 2022 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. Page 79
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APPENDIX 2 MORAY HARBOURS SAFETY MANAGEMENT SYSTEM PAGE 16 OF 69 ISSUE A REV 07 AUGUST 2022 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. Page 80
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APPENDIX 2 MORAY HARBOURS SAFETY MANAGEMENT SYSTEM PAGE 17 OF 69 ISSUE A REV 07 AUGUST 2022 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. Page 81
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APPENDIX 2 MORAY HARBOURS SAFETY MANAGEMENT SYSTEM PAGE 18 OF 69 ISSUE A REV 07 AUGUST 2022 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 Page 82
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APPENDIX 2 MORAY HARBOURS SAFETY MANAGEMENT SYSTEM PAGE 19 OF 69 ISSUE A REV 07 AUGUST 2022 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 Page 83
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APPENDIX 2 MORAY HARBOURS SAFETY MANAGEMENT SYSTEM PAGE 20 OF 69 ISSUE A REV 07 AUGUST 2022 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. Page 84
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APPENDIX 2 MORAY HARBOURS SAFETY MANAGEMENT SYSTEM PAGE 21 OF 69 ISSUE A REV 07 AUGUST 2022 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”. Page 85
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APPENDIX 2 MORAY HARBOURS SAFETY MANAGEMENT SYSTEM PAGE 22 OF 69 ISSUE A REV 07 AUGUST 2022 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 Page 86
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APPENDIX 2 MORAY HARBOURS SAFETY MANAGEMENT SYSTEM PAGE 23 OF 69 ISSUE A REV 07 AUGUST 2022 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 Page 87
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APPENDIX 2 MORAY HARBOURS SAFETY MANAGEMENT SYSTEM PAGE 24 OF 69 ISSUE A REV 07 AUGUST 2022 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. Page 88
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APPENDIX 2 MORAY HARBOURS SAFETY MANAGEMENT SYSTEM PAGE 25 OF 69 ISSUE A REV 07 AUGUST 2022 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. Page 89
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APPENDIX 2 MORAY HARBOURS SAFETY MANAGEMENT SYSTEM PAGE 26 OF 69 ISSUE A REV 07 AUGUST 2022 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 Page 90
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APPENDIX 2 MORAY HARBOURS SAFETY MANAGEMENT SYSTEM PAGE 27 OF 69 ISSUE A REV 07 AUGUST 2022 ▪ 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. Page 91
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APPENDIX 2 MORAY HARBOURS SAFETY MANAGEMENT SYSTEM PAGE 28 OF 69 ISSUE A REV 07 AUGUST 2022 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. Page 92
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APPENDIX 2 MORAY HARBOURS SAFETY MANAGEMENT SYSTEM PAGE 29 OF 69 ISSUE A REV 07 AUGUST 2022 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. Page 93
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APPENDIX 2 MORAY HARBOURS SAFETY MANAGEMENT SYSTEM PAGE 30 OF 69 ISSUE A REV 07 AUGUST 2022 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. Page 94
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APPENDIX 2 MORAY HARBOURS SAFETY MANAGEMENT SYSTEM PAGE 31 OF 69 ISSUE A REV 07 AUGUST 2022 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. Page 95
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APPENDIX 2 MORAY HARBOURS SAFETY MANAGEMENT SYSTEM PAGE 32 OF 69 ISSUE A REV 07 AUGUST 2022 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 Page 96
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APPENDIX 2 MORAY HARBOURS SAFETY MANAGEMENT SYSTEM PAGE 33 OF 69 ISSUE A REV 07 AUGUST 2022 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). Page 97
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APPENDIX 2 MORAY HARBOURS SAFETY MANAGEMENT SYSTEM PAGE 34 OF 69 ISSUE A REV 07 AUGUST 2022 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 Page 98
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APPENDIX 2 MORAY HARBOURS SAFETY MANAGEMENT SYSTEM PAGE 35 OF 69 ISSUE A REV 07 AUGUST 2022 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; Page 99
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APPENDIX 2 MORAY HARBOURS SAFETY MANAGEMENT SYSTEM PAGE 36 OF 69 ISSUE A REV 07 AUGUST 2022 • 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 Page 100
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APPENDIX 2 MORAY HARBOURS SAFETY MANAGEMENT SYSTEM PAGE 37 OF 69 ISSUE A REV 07 AUGUST 2022 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. Page 101
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APPENDIX 2 MORAY HARBOURS SAFETY MANAGEMENT SYSTEM PAGE 38 OF 69 ISSUE A REV 07 AUGUST 2022 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. Page 102
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APPENDIX 2 MORAY HARBOURS SAFETY MANAGEMENT SYSTEM PAGE 39 OF 69 ISSUE A REV 07 AUGUST 2022 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 Page 103
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APPENDIX 2 MORAY HARBOURS SAFETY MANAGEMENT SYSTEM PAGE 40 OF 69 ISSUE A REV 07 AUGUST 2022 • 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. Page 104
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APPENDIX 2 MORAY HARBOURS SAFETY MANAGEMENT SYSTEM PAGE 41 OF 69 ISSUE A REV 07 AUGUST 2022 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 Page 105
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APPENDIX 2 MORAY HARBOURS SAFETY MANAGEMENT SYSTEM PAGE 42 OF 69 ISSUE A REV 07 AUGUST 2022 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. Page 106
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APPENDIX 2 MORAY HARBOURS SAFETY MANAGEMENT SYSTEM PAGE 43 OF 69 ISSUE A REV 07 AUGUST 2022 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 Page 107
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APPENDIX 2 MORAY HARBOURS SAFETY MANAGEMENT SYSTEM PAGE 44 OF 69 ISSUE A REV 07 AUGUST 2022 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. Page 108
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APPENDIX 2 MORAY HARBOURS SAFETY MANAGEMENT SYSTEM PAGE 45 OF 69 ISSUE A REV 07 AUGUST 2022 13. INCIDENT & NEAR MISS REPORTING Reporting and Follow-up Flowchart The following flowchart summarises the incident reporting and follow up system. Page 109
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APPENDIX 2
MORAY HARBOURS SAFETY MANAGEMENT SYSTEM PAGE 46 OF 69
ISSUE A REV 07 AUGUST 2022
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
Page 110Page 111
APPENDIX 2 MORAY HARBOURS SAFETY MANAGEMENT SYSTEM PAGE 47 OF 69 ISSUE A REV 07 AUGUST 2022 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. Page 111
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APPENDIX 2 MORAY HARBOURS SAFETY MANAGEMENT SYSTEM PAGE 48 OF 69 ISSUE A REV 07 AUGUST 2022 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. Page 112
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APPENDIX 2 MORAY HARBOURS SAFETY MANAGEMENT SYSTEM PAGE 49 OF 69 ISSUE A REV 07 AUGUST 2022 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. Page 113
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APPENDIX 2 MORAY HARBOURS SAFETY MANAGEMENT SYSTEM PAGE 50 OF 69 ISSUE A REV 07 AUGUST 2022 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". Page 114
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APPENDIX 2 MORAY HARBOURS SAFETY MANAGEMENT SYSTEM PAGE 51 OF 69 ISSUE A REV 07 AUGUST 2022 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 Page 115
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APPENDIX 2 MORAY HARBOURS SAFETY MANAGEMENT SYSTEM PAGE 52 OF 69 ISSUE A REV 07 AUGUST 2022 • 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 Page 116
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APPENDIX 2 MORAY HARBOURS SAFETY MANAGEMENT SYSTEM PAGE 53 OF 69 ISSUE A REV 07 AUGUST 2022 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 Page 117
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APPENDIX 2 MORAY HARBOURS SAFETY MANAGEMENT SYSTEM PAGE 54 OF 69 ISSUE A REV 07 AUGUST 2022 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. Page 118
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APPENDIX 2 MORAY HARBOURS SAFETY MANAGEMENT SYSTEM PAGE 55 OF 69 ISSUE A REV 07 AUGUST 2022 ▪ 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. Page 119
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APPENDIX 2 MORAY HARBOURS SAFETY MANAGEMENT SYSTEM PAGE 56 OF 69 ISSUE A REV 07 AUGUST 2022 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 Page 120
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APPENDIX 2 MORAY HARBOURS SAFETY MANAGEMENT SYSTEM PAGE 57 OF 69 ISSUE A REV 07 AUGUST 2022 ▪ 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. Page 121
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APPENDIX 2 MORAY HARBOURS SAFETY MANAGEMENT SYSTEM PAGE 58 OF 69 ISSUE A REV 07 AUGUST 2022 Page 122
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APPENDIX 2 MORAY HARBOURS SAFETY MANAGEMENT SYSTEM PAGE 59 OF 69 ISSUE A REV 07 AUGUST 2022 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 Page 123
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APPENDIX 2 MORAY HARBOURS SAFETY MANAGEMENT SYSTEM PAGE 60 OF 69 ISSUE A REV 07 AUGUST 2022 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. Page 124
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APPENDIX 2 MORAY HARBOURS SAFETY MANAGEMENT SYSTEM PAGE 61 OF 69 ISSUE A REV 07 AUGUST 2022 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. Page 125
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APPENDIX 2 MORAY HARBOURS SAFETY MANAGEMENT SYSTEM PAGE 62 OF 69 ISSUE A REV 07 AUGUST 2022 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. Page 126
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APPENDIX 2 MORAY HARBOURS SAFETY MANAGEMENT SYSTEM PAGE 63 OF 69 ISSUE A REV 07 AUGUST 2022 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 Page 127
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APPENDIX 2 MORAY HARBOURS SAFETY MANAGEMENT SYSTEM PAGE 64 OF 69 ISSUE A REV 07 AUGUST 2022 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. Page 128
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APPENDIX 2 MORAY HARBOURS SAFETY MANAGEMENT SYSTEM PAGE 65 OF 69 ISSUE A REV 07 AUGUST 2022 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. Page 129
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APPENDIX 2 MORAY HARBOURS SAFETY MANAGEMENT SYSTEM PAGE 66 OF 69 ISSUE A REV 07 AUGUST 2022 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 Page 130
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APPENDIX 2 MORAY HARBOURS SAFETY MANAGEMENT SYSTEM PAGE 67 OF 69 ISSUE A REV 07 AUGUST 2022 APPENDIX G. HANDLING OF DANGEROUS GOODS Page 131
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APPENDIX 2 MORAY HARBOURS SAFETY MANAGEMENT SYSTEM PAGE 68 OF 69 ISSUE A REV 07 AUGUST 2022 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 Page 132
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APPENDIX 2 MORAY HARBOURS SAFETY MANAGEMENT SYSTEM PAGE 69 OF 69 ISSUE A REV 07 AUGUST 2022 Page 133
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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. Page 135
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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): Page 136
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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. • Page 137
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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. Page 138
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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 Page 139
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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. Page 140
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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 Page 141
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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 Page 142
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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 Page 143
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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. Page 144
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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 Page 145
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PROHIBITED FOR THE USE WITH PLANNING APPLICATIONS © Crown copyright [and database rights] 2024 OS AC0000806936 Moray Council. You are permitted to use this data solely to enable you to respond to, or interact with, the organisation that provided you with the data. You are not permitted to copy, sub-license, distribute or sell any of this data to third parties in any form. Third party rights to enforce the terms of this licence shall be reserved to OS. Scale: 1:250,000 @ A4 Proposed Overnight Parking Locations O Map Description: Overview of sites 1-10 APPENDIX 1 Item 6. Page 147
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PROHIBITED FOR THE USE WITH PLANNING APPLICATIONS © Crown copyright [and database rights] 2024 OS AC0000806936 Moray Council. You are permitted to use this data solely to enable you to respond to, or interact with, the organisation that provided you with the data. You are not permitted to copy, sub-license, distribute or sell any of this data to third parties in any form. Third party rights to enforce the terms of this licence shall be reserved to OS. Scale: 1:5,265 @ A4 Fiddich Park Car Park - Craigellachie O Map Description: a Description of a Moray Council Map Page 148
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PROHIBITED FOR THE USE WITH PLANNING APPLICATIONS © Crown copyright [and database rights] 2024 OS AC0000806936 Moray Council. You are permitted to use this data solely to enable you to respond to, or interact with, the organisation that provided you with the data. You are not permitted to copy, sub-license, distribute or sell any of this data to third parties in any form. Third party rights to enforce the terms of this licence shall be reserved to OS. Scale: 1:5,265 @ A4 West Beach Car Park - Lossiemouth O Map Description: a Description of a Moray Council Map Page 149
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PROHIBITED FOR THE USE WITH PLANNING APPLICATIONS © Crown copyright [and database rights] 2024 OS AC0000806936 Moray Council. You are permitted to use this data solely to enable you to respond to, or interact with, the organisation that provided you with the data. You are not permitted to copy, sub-license, distribute or sell any of this data to third parties in any form. Third party rights to enforce the terms of this licence shall be reserved to OS. Scale: 1:5,265 @ A4 Burghead Car Park - Burghead O Map Description: a Description of a Moray Council Map Page 150
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PROHIBITED FOR THE USE WITH PLANNING APPLICATIONS © Crown copyright [and database rights] 2024 OS AC0000806936 Moray Council. You are permitted to use this data solely to enable you to respond to, or interact with, the organisation that provided you with the data. You are not permitted to copy, sub-license, distribute or sell any of this data to third parties in any form. Third party rights to enforce the terms of this licence shall be reserved to OS. Scale: 1:10,531 @ A4 Califer Hill Car Park - Forres O Map Description: a Description of a Moray Council Map Page 151
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PROHIBITED FOR THE USE WITH PLANNING APPLICATIONS © Crown copyright [and database rights] 2024 OS AC0000806936 Moray Council. You are permitted to use this data solely to enable you to respond to, or interact with, the organisation that provided you with the data. You are not permitted to copy, sub-license, distribute or sell any of this data to third parties in any form. Third party rights to enforce the terms of this licence shall be reserved to OS. Scale: 1:5,265 @ A4 Ballindalloch Car Park - Ballindalloch O Map Description: a Description of a Moray Council Map Page 152
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PROHIBITED FOR THE USE WITH PLANNING APPLICATIONS © Crown copyright [and database rights] 2024 OS AC0000806936 Moray Council. You are permitted to use this data solely to enable you to respond to, or interact with, the organisation that provided you with the data. You are not permitted to copy, sub-license, distribute or sell any of this data to third parties in any form. Third party rights to enforce the terms of this licence shall be reserved to OS. Scale: 1:5,265 @ A4 Alice Littler Car Park - Aberlour O Map Description: a Description of a Moray Council Map Page 153
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PROHIBITED FOR THE USE WITH PLANNING APPLICATIONS © Crown copyright [and database rights] 2024 OS AC0000806936 Moray Council. You are permitted to use this data solely to enable you to respond to, or interact with, the organisation that provided you with the data. You are not permitted to copy, sub-license, distribute or sell any of this data to third parties in any form. Third party rights to enforce the terms of this licence shall be reserved to OS. Scale: 1:5,265 @ A4 Station Car Park - Lossiemouth O Map Description: a Description of a Moray Council Map Page 154
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PROHIBITED FOR THE USE WITH PLANNING APPLICATIONS © Crown copyright [and database rights] 2024 OS AC0000806936 Moray Council. You are permitted to use this data solely to enable you to respond to, or interact with, the organisation that provided you with the data. You are not permitted to copy, sub-license, distribute or sell any of this data to third parties in any form. Third party rights to enforce the terms of this licence shall be reserved to OS. Scale: 1:5,265 @ A4 Portgordon Harbour Car Park - Portgordon O Map Description: a Description of a Moray Council Map Page 155
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PROHIBITED FOR THE USE WITH PLANNING APPLICATIONS © Crown copyright [and database rights] 2024 OS AC0000806936 Moray Council. You are permitted to use this data solely to enable you to respond to, or interact with, the organisation that provided you with the data. You are not permitted to copy, sub-license, distribute or sell any of this data to third parties in any form. Third party rights to enforce the terms of this licence shall be reserved to OS. Scale: 1:5,265 @ A4 Strathlene Car Park - Buckie O Map Description: a Description of a Moray Council Map Page 156
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PROHIBITED FOR THE USE WITH PLANNING APPLICATIONS © Crown copyright [and database rights] 2024 OS AC0000806936 Moray Council. You are permitted to use this data solely to enable you to respond to, or interact with, the organisation that provided you with the data. You are not permitted to copy, sub-license, distribute or sell any of this data to third parties in any form. Third party rights to enforce the terms of this licence shall be reserved to OS. Scale: 1:5,265 @ A4 Cullen Links Car Park - Cullen O Map Description: a Description of a Moray Council Map Page 157
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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. Page 159
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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 Page 160
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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 Page 161
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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. Page 162
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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 Page 163
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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. Page 164
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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 Page 165
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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 Page 166
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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 Page 167
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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 Page 168
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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 Page 169
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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. Page 171
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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 Page 172
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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 Page 173
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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. Page 174
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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 Page 175
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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. Page 177
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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. Page 178
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• Risks should include the link to some forms of cancer, impacts on biodiversity including pollinators. Page 179
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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. Page 181
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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 Page 182
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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. Page 183
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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 Page 184
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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: Page 185
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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 Page 187
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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 Page 188
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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 Page 189
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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 Page 190
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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: Page 191
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Business Gateway: National Service Specification April 2024 APPENDIX 1 Page 193
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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 Page 194
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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 “ ” Page 195
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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. Page 196
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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. Page 197
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National Service Specifications April 2024 National Service Specification April 2024 5 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. Page 198
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National Service Specifications April 2024 National Service Specification April 2024 6 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. Page 199
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National Service Specifications April 2024 National Service Specification April 2024 7 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. Page 200
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National Service Specifications April 2024 National Service Specification April 2024 8 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; Page 201
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National Service Specifications April 2024 National Service Specification April 2024 9 • 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. Page 202
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National Service Specifications April 2024 National Service Specification April 2024 10 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. Page 203
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National Service Specifications April 2024 National Service Specification April 2024 11 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 Page 204
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National Service Specifications April 2024 National Service Specification April 2024 12 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. Page 205
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National Service Specifications April 2024 National Service Specification April 2024 13 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 Page 206
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National Service Specifications April 2024 National Service Specification April 2024 14 • 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. Page 207
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National Service Specifications April 2024 National Service Specification April 2024 15 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 Page 208
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National Service Specifications April 2024 National Service Specification April 2024 16 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. Page 209
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National Service Specifications April 2024 National Service Specification April 2024 17 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 Page 210
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National Service Specifications April 2024 National Service Specification April 2024 18 • 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. Page 211
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National Service Specifications April 2024 National Service Specification April 2024 19 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 Page 212
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National Service Specifications April 2024 National Service Specification April 2024 20 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). Page 213
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National Service Specifications April 2024 National Service Specification April 2024 21 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 Page 214
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National Service Specifications April 2024 National Service Specification April 2024 22 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; Page 215
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National Service Specifications April 2024 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. Page 216
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National Service Specifications April 2024 National Service Specification April 2024 24 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. Page 217
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National Service Specifications April 2024 National Service Specification April 2024 25 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. Page 218
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National Service Specifications April 2024 National Service Specification April 2024 26 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. Page 219
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National Service Specifications April 2024 National Service Specification April 2024 27 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. Page 220
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National Service Specifications April 2024 National Service Specification April 2024 28 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. Page 221
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National Service Specifications April 2024 National Service Specification April 2024 29 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. Page 222
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National Service Specifications April 2024 National Service Specification April 2024 30 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. Page 223
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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 Page 225
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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: Page 226
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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 Page 227
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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 Page 228
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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 Page 229
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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 Page 230
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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. Page 231
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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. Page 232
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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. Page 233
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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. Page 235
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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. Page 236
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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. Page 237
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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 Page 239
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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. Page 241
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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. Page 243
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