Ports & Marine Facilities Safety Code 2025
Argyll and Bute Council · 11 September 2025
Back to Argyll and Bute Harbour Board — 11 September 2025 and its agenda
Text extracted from the council's PDF. Layout and reading order may differ from the original.
Page 1
ARGYLL AND BUTE COUNCIL ARGYLL AND BUTE HARBOUR BOARD ROADS AND INFRASTRUCTURE SERVICES 11 SEPTEMBER 2025 PORTS & MARINE FACILITIES SAFETY CODE 2025 1.0 EXECUTIVE SUMMARY 1.1 This report aims to provide Members with a summary of the important changes made in the Port Marine Safety Code (PMSC) update published this year and explains the changes which the Council as a Port and Marine Facility operator need to make to our existing Marine Safety Management System (MSMS) to continue our compliance with the new ‘Code’. The PMSC is the UK standard for safe port marine operations and as Argyll & Bute Council is a Statutory Harbour Authority (SHA) at 8 locations and marine asset owner at a further 28 facilities, compliance with it remains a top priority for safety and commercial reasons. Although the Council currently complies with the older version of the Code, the outcome of this year’s audits will determine compliance with the new version. 1.2 Members are asked to note and consider this report.
Page 2
ARGYLL AND BUTE COUNCIL ARGYLL AND BUTE HARBOUR BOARD ROADS AND INFRASTRUCTURE SERVICES 11 SEPTEMBER 2025 PORTS & MARINE FACILITIES SAFETY CODE 2025 2.0 INTRODUCTION 2.1 This report provides the Harbour Board Members with a summary of changes made with the publication of the 2025 Ports & Marine Facilities Safety Code (the ‘Code”), which supersedes the 2016 Port Marine Safety Code (PMSC). 2.1.1 It is based on the ABPmer briefing note entitled ‘What has changed between the 2016 and 2025 PMSC?’, which can be read in full at Appendix 1 of this report. 2.1.2 It also explains the changes which the Council as a Port and Marine Facility operator need to make to our existing Marine Safety Management System (MSMS) to continue our compliance with the new ‘Code’. 3.0 RECOMMENDATIONS 3.1 Members of the Harbour Board are asked to: 3.1.1 Consider and note this report. 4.0 DETAIL 4.1 The Port Marine Safety Code (PMSC) was first published in 2000 following the grounding of the Sea Empress and has been re-issued in the intervening years, with a major update in 2016 to widen its scope to include all Marine Facilities alongside Harbour Authorities under the title ‘Organisation’. 4.1.1 The Code remains the UK standard for safe port marine operations and will still be abbreviated and referred to as the PMSC.
Page 3
4.2 The Council Ports & Marine Facilities 4.2.1 Argyll & Bute Council is a Statutory Harbour Authority (SHA) at 8 locations and marine asset owner at a further 28 facilities. The SHA locations are: 1. Bruichladdich Pier, by virtue of the ‘Islay Piers Order, 1904’. 2. Carradale Harbour, by virtue of the ‘Pier and Harbour Orders Confirmation (No 3) Act, 1901’. 3. Campbeltown Harbour, by virtue of ‘Campbeltown Harbour Acts and Orders 1846 to 2011’. In addition, the Council is also the Competent Harbour Authority in respect of Pilotage, under the requirements of the Pilotage Act 1987, at Campbeltown Harbour. 4. Craignure Harbour, by virtue of the ‘Argyll County Council (Arinagour and Craignure Piers, etc) Order 1961’. 5. Dunoon Harbour, by virtue of ‘The Pier and Harbour Orders Confirmation Acts 1895 to 1906’. 6. Oban North & South Pier, by virtue of the ‘Oban Pier and Harbour Orders 1862 to 1988’. 7. Port Askaig, by virtue of the ‘Port Askaig Acts and Order 1904 to 1975’. 8. Rothesay Harbour, by virtue of the ‘Rothesay Harbour Acts and Orders 1831 to 1937’. 4.2.2 Argyll & Bute Council achieves compliance with the PMSC by implementing, monitoring and reviewing the Marine Safety Management System (MSMS). The MSMS includes the Policies and procedures which seek to enhance the safety at all our facilities and is externally audited by the Designated Person and so it is important to ensure our documentation is reviewed to reflect the changes. 4.2.3 Audits have been carried out this year at Dunoon, Cuan North Cuan South, Ellenabeich and Easdale. The audits were conducted by our Designated Person to the requirements of the new code and will be reported at the next Harbour Board. 4.2.4 Although the Council complies with the older version of the Code, the outcome of these audits will determine compliance with the new version. If compliance is confirmed the Duty Holder must report their organisation’s compliance with The Code to the MCA on a three-yearly basis. The MCA will announce and publicise when the next compliance statement is due and explain the process for responding in a Marine Information Note.
Page 4
4.3 Changes to the 2025 Code 4.3.1 Many of the changes are small and clarify aspects of existing measures. A complete list of the wording and text changes is included at Appendix 1 in the ABPmer briefing document however the important changes are noted below. 4.3.2 The most obvious change is to the name of the Code itself, which has been changed to emphasise that the Code applies to all facilities, although there is also an emphasis on the proportionality of applying the guidelines across differing scales of organisation and facility. A large busy port would be expected to comply more fully with all the aspects of the Code where a small marina may see only some of the measures as applicable. 4.3.3 The Code has been divided into 10 chapters as before, however chapter 10 now refers to Conservancy Duty instead of specifically Aids to Navigation and covers the duty of maintaining facilities with the expectation that all organisations operating marine facilities should ensure that they are in good repair and fit for purpose. 4.3.4 It is recognised in the Code that the Duty Holder position can come in different forms depending on the scale of the organisation, but the responsibility of the Duty Holder has been strengthened to say they must ensure compliance with the relevant parts of the Code. 4.3.5 The respective roles of the Duty Holder and the Designated Person have been clarified at a strategic level and illustrated in a clearer diagram. 4.3.6 The changes in chapter 3 clarify and emphasise the legal standing of the code and that it is vital an organisation has effective powers to fulfil their duties and responsibilities. To comply with the primary legislation, they are listed now in this chapter of the Code and organisations are reminded to keep up to date with the legislation applicable to their operations. 4.3.7 In chapter 4 an important change is that there is now a need to demonstrate that an assessment has been conducted into requirements for a VTS or LPS (traffic management systems) with reference to the extant Marine Guidance Note (MGN) 401 (MCA, 2022). This creates a requirement for Harbour Authorities to undertake a Formal Risk Assessment for ‘Vessel Traffic Management’ at each port. 4.3.8 A further requirement in chapter 4 is that organisations must risk assess towage operations and if not required routinely then assessment must be carried out for specific operations and have emergency provision. 4.3.9 The new code introduces the requirement for organisations to develop and maintain suitable ‘bridging documents’ with adjoining or interfacing organisations. 4.3.10 Although the requirement for stakeholder engagement remains and that the organisation should strive for consensus, removal of the sentence requiring
Page 5
harbours and facilities to develop a consensus, is a recognition of the Duty Holder’s ultimate responsibility for the safe management of the facility. 4.4 What this means for Argyll and Bute Council 4.4.1 The Council MSMS is in the process of a gap analysis review that will ensure the document has been altered and updated to reflect the new code. When completed the new version will be available for formal approval of Duty Holder and subsequently by Members at the next available Harbour Board. 4.4.2 Apart from the documentation, some practical actions are underway to ensure continued compliance with the Code. 4.4.3 Vessel Traffic Management: Formal Risk Assessments are being arranged so that all our applicable ports can be assessed for appropriate Vessel Traffic Management. This may well show some extra measures are desirable at some locations and if that is the case, Members will be briefed in a follow up report. 4.4.4 Towage: The availability, management and control of towage in our port facility areas is another measure the Council will revisit, and risk assess. There is currently no provision of routine towage services at any of our ports and harbours, however if subsequently required following the Risk Assessment the process will be introduced in accordance with the Code and other guidelines. 4.4.5 Bridging Documents: The Council as a Harbour Authority is committed to engaging with partner and neighbouring organisations to detail cooperation and communication. The Code now requires these engagements to be formalised in what it refers to as ‘Bridging Documents’ which identify gaps in coverage between the organisations systems and then details how these gaps are covered or resolved. This documentation may take the form of, as appropriate, a Memorandum of Understanding (MoU), a Service Level Agreement (SLA) or a formal Harbour Access Agreement (HAA). 5.0 CONCLUSION 5.1 This report provides the Harbour Board Members with a summary of changes made with the publication of the 2025 Ports & Marine Facilities Safety Code (the ‘Code”), which supersedes the 2016 Port Marine Safety Code (PMSC) and explains the changes which the Council as a Port and Marine Facility operator need to make to our existing Marine Safety Management System for continued compliance with the ‘Code’.
Page 6
6.0 IMPLICATIONS 6.1 Policy None directly arising from this report. 6.2 Financial None arising directly from this report 6.3 Legal Failure to comply with the PMSC could have legal consequences following an accident or incident 6.4 HR None 6.5 Customer Service Compliance with the PMSC ensures the Council is providing satisfactory provision to public and customers. 6.6 Risk Compliance with the PMSC minimises the risk of port operations. 6.7 Climate Change Due regard will be given to climate change with a view to minimising any climate impact and these will be considered as and when they arise. 6.8 Fairer Scotland Duty None directly arising from this report. 6.9 Equalities - protected characteristics None directly arising from this report. 6.10 Consumer Duty None directly arising from this report. 6.11 Island Communities Compliance with the PMSC helps ensure safe and effective port operations, vital to island communities. 6.12 Children’s Rights and Wellbeing None directly arising from this report.
Page 7
Kirsty Flanagan Executive Director with responsibility for Development and Infrastructure Services Policy Lead Councillor John Armour August 2025 For further information contact: Scott Reid, Marine Operations Manager APPENDICES Appendix 1 ABPmer Briefing Note