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Appendix 1

Argyll and Bute Council · 11 September 2025
Back to Argyll and Bute Harbour Board — 11 September 2025 and its agenda

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Briefing Note 
Ports & Marine Facilities Safety Code
What has changed between the 2016 and 2025 PMSC? 
April 2025

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Ports & Marine Facilities Safety Code
What has changed between the 2016 and 2025 PMSC? 
April 2025

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Ports & Marine Facilities Safety Code: What has changed between the 2016 and 2025 PMSC?   Briefing Note
ABPmer, April 2025  | 1
History of the Port Marine Safety Code (PMSC)
The Port Marine Safety Code (PMSC) (commonly referred to as ‘The Code’) was first published in 2000
in response to lessons learned from the grounding of the Sea Empress, and the 26 recommendations
made by Lord Donaldson of Lymington, all of which were accepted by Government.  Re-issue of The
Code has occurred in the intervening years, with a major update in 2016 to widen The Code’s scope to
include all Marine Facilities alongside Harbour Authorities under the title ‘Organisation’.   
The Code is owned by the Department of Transport (DfT), with the Maritime and Coastguard Agency
(MCA) overseeing its delivery.  The Code remains, as it always has been, the UK national standard for
safe port marine operations.  
The updated ‘Ports & Marine Facilities Safety Code’ (PMSC)
The Code is newly refreshed and relaunched as the ‘Ports & Marine Facilities Safety Code’, still
abbreviated to PMSC.  The 2025 update is the culmination of a review initiated in 2023, extensive
industry consultation and review by the PMSC Working Group who represented a cross-section of
Government, associations, maritime interest groups and ports.  
The purpose of the Ports & Marine Facilities Safety Code
The Code sets out the UK National standard for every aspect of port marine
safety.  Its aim is to enhance safety for everyone who uses or works in the
UK port marine environment, including those in marinas, boatyards and
other marine facilities. It is authored by UK Government, supported by the
devolved administrations, and representatives from across the maritime
sector.   
Whilst the PMSC is not mandatory, these bodies have a strong expectation that all harbour authorities
and marine facilities will comply.  The Code is applicable both to Statutory Harbour Authorities and to
other Marine Facilities which may not have statutory powers; these are collectively referred to
throughout The Code as ‘Organisations’ (DfT, 2025). 
The 2025 PMSC update, like the 2009 and 2016 iterations, does not contain any new legal obligations
but includes, amongst other things, references to the main legal duties which exist in the maritime and
ports sector.  Although failure to comply with The Code is not an offence, The Code represents good
practice.  If an Organisation declared compliance with The Code but is subsequently found to have failed
to meet that standard, it may suffer significant reputational damage.  
Changes to the Ports & Marine Facilities Safety Code 2025
The main changes to the 2025 Code relate to its structure and clarity of wording.  The 2016 Code had
four chapters; the 2025 Code has been restructured into ten chapters to match the ten key measures
for successful implementation of The Code.  Table 1 sets out the ten chapters of the 2025 Code.

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Table 1. PMSC 2025 chapter titles
Number Chapter 
1 Duty Holder
2 Designated Person
3 Legislation
4 Duties and Powers
5 Risk Assessment
6 Marine Safety Management System
7 Review and Audit
8 Competence
9 Plan
10 Conservancy Duty 
The ten key measures from the 2016 Code are unaltered, with the exception of measure number
10 which is now ‘Conservancy Duty’.  In the 2016 Code, this was ‘Aids to Navigation’.  The 2025 Code’s
ten key measure still includes Aids to Navigation but this now resides as a sub-section in Chapter 10,
‘Conservancy Duty’. 
The 2025 Code has received several drafting changes include wording
intended to reinforce the application of The Code to all Ports and
Marine Facilities as ‘Organisations’.  This is not new, as the change was
introduced in the 2016 version of The Code.  To reinforce The Code’s
wide application, the title has been updated to reflect both Ports and
Marine Facilities.  The 2025 Code puts greater emphasis on
‘proportionality’ as a key concept for The Code’s implementation.  
Detailed comparison of wording changes
ABPmer has worked through The Code, to prepare a line-by-line comparison of the 2016 and 2025
versions.  The review tables (Table 2 to Table 11) are presented using the paragraph number of the
2025 Code.  Text from the 2016 Code has been shown for comparison but is not in paragraph number
order.   
The following tables documenting the content of the ten Chapters, as set out in the 2025 Code.  To aid
identification, modal verbs (those that express an action) including ‘should’, ‘must’, ‘may’, have been
highlighted red, along with words carrying importance such as ‘vital’, ‘ensure’ and ‘encouraged’.   
Blue, bold text identifies where a new statement or new information
has been introduced to The Code.   
We have also presented a commentary on the differences, drawing
out changes, new text and updated statements.  This Briefing Note
does not review differences in the associated ‘Guide to Good Practice
(GtGP) on port marine operations’.

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Table 2. Chapter 1. Duty Holder
Ref 2025 Code Wording 2016 Code Wording ABPmer Commentary C1 Duty Holder
1.1 All organisations must have a Duty Holder
which is accountable for compliance with The
Code.
Organisations must have a ‘‘duty holder’’ who
is accountable for their compliance with The
Code and their performance in ensuring safe
marine operations.
Shortened statement, emphasising
‘accountable’.  
1.2 The Duty Holder may be different depending
on the size, duties and responsibilities of an
organisation. For larger organisations, the
Duty Holder is likely to be members of the
management team or board who are, both
individually and collectively, accountable for
marine safety. However, if accountability or
decision-making powers of these bodies is
limited, such as in a municipal port where
safety is overseen by a local authority
committee, it is acceptable for the role to
reside elsewhere. For smaller organisations,
which may not have such formal structures,
the role may be performed by an individual.
For most organisations, the role of duty holder
is undertaken by members of the
management team or a board who are (both
collectively and individually) publicly
accountable for marine safety under The
Code.  If however, the management team or
board is not directly accountable for marine
safety, or has limited decision-making powers
in this respect, it is acceptable for the role of
duty holder to reside elsewhere. This might be
the position in some municipal ports for
example, where accountability for marine
safety is overseen by a local authority
committee. If so, the organisation should
publish and confirm who the duty holder is.  
Minor changes made to wording for clarity.  
1.3 Given these differences, Organisations should
publish information explaining who their Duty
Holder is and how they can be contacted.
Formally identify and designate the duty
holder.  
Use of ‘should’ suggests advisory rather than
an obligation.  
1.4 The Duty Holder is responsible for ensuring
compliance with the relevant parts of The
Code. To ensure they are effective, the Duty
Holder must:
 Be aware of the organisation’s powers,
duties and responsibilities relating to
marine safety;
The duty holder is responsible for ensuring
that the organisation complies with The Code.
In order to effectively undertake this role they
should: 
 Be aware of the organisation’s powers
and duties related to marine safety;
Change to ‘must’ which makes the Duty
Holder list a mandatory set of requirements.   
Additionally, the following have been added
to the Duty Holder’s list of requirements:

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Ref 2025 Code Wording 2016 Code Wording ABPmer Commentary C1 Duty Holder
 Ensure that a suitable MSMS, which
employs formal safety assessment
techniques, is in place;
 Appoint a suitable Designated Person to
monitor and report the effectiveness of
the MSMS and provide independent
advice on matters of marine safety;
 Appoint competent people to manage
marine safety;
 Ensure that appropriate resources are
made available for discharging their
marine safety obligations;
 Ensure that the management of marine
safety continuously improves by
publishing a marine safety plan and
reporting performance against the
objectives and targets set; and
 Report on the organisation’s compliance
with the relevant parts of The Code to the
MCA every three years.
 Ensure that a suitable MSMS, which
employs formal safety assessment
techniques, is in place;
 Appoint a suitable designated person to
monitor and report the effectiveness of
the MSMS and provide independent
advice on matters of marine safety;
 Appoint competent people to manage
marine safety;
 Ensure that the management of marine
safety continuously improves by
publishing a marine safety plan and
reporting performance against the
objectives and targets set; and
 Report compliance with The Code to the
MCA every 3 years.
 Ensure that appropriate resources are
made available for discharging their
marine safety obligations;
 Changed the reporting requirements
(compliance exercise) to report on the
organisation’s compliance with the
‘relevant parts’ of The Code to the MCA
every three years. 
It is speculated that the additions to the final
bullet point have been added to support
proportionate compliance.  
1.5 Some organisations will have the power to
appoint a Harbour Master and may entrust
the operation of their facilities to such
professionals. However, the Duty Holder
cannot assign or delegate its accountability
for compliance with The Code.
Harbour authorities have powers to appoint a
harbour master and may properly entrust the
operation of the harbour to such professional
people; but the duty holder cannot assign or
delegate its accountability for compliance with
The Code.
Minor changes made to wording for clarity.  
1.6 The Duty Holder should take time to gain an
appropriate insight and understanding of their
organisation’s marine activities, MSMS and
supporting policies and procedures. This can
be accommodated through briefings and
All duty holders should take time to gain an
appropriate insight and understanding of their
organisation’s port marine activities, MSMS
and supporting policies and procedures. This
Removal of the word ‘Port’ from marine
operations to clarify its application to all
relevant Organisations.

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Ref 2025 Code Wording 2016 Code Wording ABPmer Commentary C1 Duty Holder
operational visits.  If the organisation has a
board, consideration should be given to
appointing a board member who has relevant
maritime experience and can act as the initial
point of contact for the Designated Person
(see Chapter 2).  
can be accommodated through briefings and
operational visits. 
Minor changes made to wording for clarity.
1.7 The Duty Holder should also be aware of any
other specific powers and duties which the
organisation may have such as: 
 Powers to direct vessels to support safe
navigation;
 Dangerous vessels and dangerous
substances (including pollution) which
must be effectively managed;
 Provision of a pilotage service if required
in the interests of safety; and
 Any responsibilities as a local lighthouse
authority including provision and proper
maintenance of aids to navigation and
management of any danger to
navigation.
The duty holder should also be aware of other
specific duties and powers which are relevant
to port safety, and usually applicable to
harbour authorities, including the following:
 Those powers to direct vessels which are
available and should be used to support
safe navigation.
 Dangerous vessels and dangerous
substances (including pollution) which
must be effectively managed.
 Provision of a pilotage service if required
in the interests of safety.
 Harbour authority duties and powers as
local lighthouse authorities: provision and
proper maintenance of aids to navigation
as necessary and effective management
of any danger to navigation from wrecks
or obstructions.
Minor changes made to wording for clarity. 
This section now includes bullet point
requirements that were previously in The
Code as Section 4.1.   
Replacement of the reference to Harbour
Authorities with Organisation to broaden its
application.

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Ref 2025 Code Wording 2016 Code Wording ABPmer Commentary C1 Duty Holder
1.8 The Duty Holder is responsible for reporting
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.
Previously included at Paragraph 2.30 and
2.31 under monitoring compliance.
Changes to wording clarifies this as a Duty
Holder responsibility.  2016 Code said the
Duty Holder ‘should’ sign a statement 
Wording has additional clarity around the
process. 
Paragraph 2.30 (2016 Code) does refer to a
statement and part compliance.  The 2025
Code goes further by saying that the
statement should also name any other
facilities for which its declaration covers.  .
1.9 The Duty Holder must  submit a statement
describing their organisation’s compliance
with the relevant parts of The Code. The
statement should include a reference to the
areas of The Code the organisation has
identified as not being applicable to them and
explain why. If the organisation is non-
compliant, or not fully compliant, with the
relevant provisions of The Code, the statement
should also describe what the organisation is
doing to achieve compliance, including
indicative timescales. The statement should
also name any other facilities for which it
covers compliance.
Every three years, the duty holder should sign
a statement describing their organisation’s
compliance with the Code. If the organisation
is not compliant, or not fully compliant, the
statement should also describe the
organisation’s intentions for achieving
compliance, including planned timescales 
New text to The Code.   
Wording provides commentary on what
‘should’ be included in the response to the
MCA, noting that this might be changed by
subsequent information issued when the
reporting window opens.  Section 1.9
embraces the principles of non-statutory
Organisations and proportionate compliance.
1.10 A list of all organisations which have reported
compliance is published on gov.uk
No previous equivalent. New text to The Code. 
Confirmation that the list of Organisations
complying with The Code will be published by
Government.

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Table 3. Chapter 2. Designated Person
Ref 2025 Code Wording 2016 Code Wording ABPmer Commentary C2 Designated Person
2.1 All organisations must appoint a suitably
qualified individual as their Designated
Person.
Each organisation must appoint an individual
as the “designated person”.  
Introduced the wording ‘suitably qualified’.  
2.2 The main responsibility of the Designated
Person is to provide independent assurance
directly to the Duty Holder that the MSMS, for
which the Duty Holder is responsible, is
working effectively in ensuring compliance
with The Code.
To provide independent assurance directly to
the duty holder that the MSMS, for which the
duty holder is responsible, is working
effectively. Their main responsibility is to
determine, through assessment and audit, the
effectiveness of the MSMS in ensuring
compliance with The Code.
Minor changes made to wording for clarity. 
Reinforced the main responsibility is to
provide independent assurance directly to
the Duty Holder.   
Removal of ‘Their main responsibility is to
determine, through assessment and audit, the
effectiveness of the MSMS in ensuring
compliance with The Code’.  
2.3 To fulfil this function, the Designated Person
must have a thorough knowledge and
understanding of the requirements of The
Code (and the GtGP) and associated marine
legislation.
In order to fulfil this function the designated
person must have a thorough knowledge and
understanding of the requirements of this
Code (and supporting Guide to Good Practice)
and associated port and marine legislation. 
Removed the ‘port legislation’ as a
requirement.  
2.4 The role of the Designated Person does not
obscure the accountability of the Duty Holder
and respective roles are summarised below.
Their role does not obscure the accountability
of the organisation’s duty holder.
Minor changes made to wording for clarity.  
Updated diagram.   
Duty Holder responsibilities set out at a
strategic and high level.

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Table 4. Chapter 3. Legislation
Ref 2025 Code Wording 2016 Code Wording ABPmer Commentary C3 Legislation
3.1 Many organisations will have important legal
duties relating to the safety of people who
work at, or use, their facilities, and to the
wellbeing of the port marine environment and
community. It is vital that organisations are
aware of these duties and responsibilities as
well as their own powers. Effective application
and management can significantly improve
marine safety and new powers can be
obtained if these might further enhance
performance.
Many of the organisations to which this Code
applies will have important legal duties
relating to the safety of people who work at,
or use, their harbours or facilities, and to the
wellbeing of the port marine environment and
community.
Text moved from the 2016 Code’s
Introduction section to the Legislation section.   
Text changes have been made for technical
accuracy and for applicability to all
Organisations.   
Second paragraph added to reinforce the
principle of obtaining additional powers.
3.2 Note that The Code is not legal advice and
does not purport to cover all of the wider
legal duties, responsibilities or powers that
organisations may have. It is recommended
that organisations seek their own legal advice
on these issues..
The Code is not legal advice, and it is
recommended that individual ports seek their
own legal advice on the powers and duties
which are applicable to them.
New paragraph concisely framing the legal
standing of The Code. Incorporating wording
from the 2016 Code’s Introduction.  
3.3 Responsibility for marine safety is governed
by a wide range of national legislation. A map
of the most relevant national legislation to
organisations is available from the British
Ports Association. However, key duties and
responsibilities are contained in the: 
 Harbours Act 1964 (or the Harbours Act
(Northern Ireland) 1970);
 Dangerous Vessels Act 1985;
 Pilotage Act 1987; and
 Merchant Shipping Act 1995
Other duties and powers are in general
legislation – for example, the Harbours Act
1964, the Dangerous Vessels Act 1985, the
Pilotage Act 1987 and the Merchant Shipping
Act 1995.
New Paragraph framing the main marine
primary legislation previously in Section 1
under ‘Duties and Powers’.

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Ref 2025 Code Wording 2016 Code Wording ABPmer Commentary C3 Legislation
3.4 A summary of the main duties and powers
organisations may have, or obtain, can be
found in Chapter 4. 
New text cross referencing to Chapter 4.  
3.5 Other national legislation may also be
applicable including, for example, the Health
and Safety at Work etc. Act 1974 and the
Corporate Manslaughter and Corporate
Homicide Act 2007.
Introduction to The Code states, ‘The
responsibility for maintaining port marine
safety is governed not only by marine
legislation, such as the Pilotage Act 1987 and
Merchant Shipping Act 1995 referred to in
The Code, but also by general legislation, such
as the Health and Safety at Work Act 1974
and the Corporate Manslaughter and
Corporate Homicide Act 2007’.
Linking/cross referencing to the Health and
Safety at Work etc Act 1974, which was
previously included in the 2016 Code’s
Introduction.  
3.6 The specific application of national legislation
is dependent upon where the port or facility is
geographically located, and the activities
being undertaken.
No previous equivalent. New text to The Code.
3.7 Many organisations’ powers, and some duties,
are contained in local Acts and Orders.
Although they are likely to be similar in many
cases, with most being taken from the model
provisions in the Harbours, Docks and Piers
Clauses Act 1847, the precise detail is likely to
vary from organisation to organisation.
Some duties, and each harbour authority’s
powers, are contained in local Acts and Orders
and, although they have much in common,
the detail varies from port to port. Most are
established by the incorporation or
transposition into local Acts and Orders of
model provisions in the Harbours, Docks and
Piers Clauses Act 1847.
Moved from Section 1 ‘Duties and Powers’. 
Replacement of ‘Harbour Authority’ with
‘organisations’ and changes to wording to
make it applicable to organisations which are
non-statutory.  
3.8 Organisations must identify and understand
any applicable local legislation. This might
include harbour acts, harbour orders, harbour
directions and byelaws as well as any related
procedures and systems that are in place to
support implementation.
The duty holder must review and be aware of
their existing powers based on local and
national legislation.
New paragraph replacing a section of the
2016 Code’s Executive Summary.  ‘Review and
be aware’ has become ‘identify and
understand’, broadening the scope to include
directions, byelaws, procedures and systems.
Use of the term ‘must’ reinforces that this is a
mandatory requirement.

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Ref 2025 Code Wording 2016 Code Wording ABPmer Commentary C3 Legislation
3.9 Organisations should seek additional powers
if a risk assessment concludes this would be
the best means of meeting their marine safety
obligations.
Contents section of 2016 Code. This may
include the need to seek additional powers if
a risk assessment determines that these are
required. 
Changes to wording from ‘This may include’
to ‘Organisations should’ clarifies that it is
now an advisory action and applies to all
organisations as well as ports or harbours. 
3.10 Where relevant, organisations should secure
powers of general direction or harbour
direction to support the effective
management of vessels if they do not already
have these.
In particular, harbour authorities would be
well advised to secure powers of general
direction or harbour direction to support the
effective management of vessels in their
harbour waters if they do not have them
already.
Minor changes made to wording for clarity.
3.11 Conversely, there may be circumstances
where a risk assessment concludes that an
organisation should relinquish its powers, for
example its status as a Competent Harbour
Authority (CHA), if they are no longer
required.
Conversely, there may be circumstances
where a risk assessment concludes that a
harbour authority should relinquish powers,
for example pilotage functions, or its status as
a statutory harbour authority. The Marine
Navigation Act 2013 has provided
simplified processes for this to be achieved.
Simplified wording and minor changes made
for clarity.
3.12 More information about byelaws, general and
harbour directions can be found in Chapter 4. 
Linking/cross referencing to Chapter 4.  
3.13 All organisations should keep their duties
under review to avoid any possibility of failing
to discharge them effectively. This process
should include consideration of the
organisation’s legal powers and the extent of
its jurisdiction to determine whether these are
sufficient to enable it to manage marine
safety effectively.
The harbour authority should keep its powers
and jurisdiction under review and take
account of the various mechanisms, such as
harbour orders, which are available to amend
statutory powers in an authority’s local
legislation.  Each harbour authority should
keep their powers, and the extent of their
jurisdiction, under review. A harbour
empowerment order can be sought by an
organisation that wishes to secure the
statutory powers of a harbour authority.
Change of wording from ‘Harbour Authority’
to ‘Organisation’.   
Use of the word ‘should’ makes this advisory.   
Simplified wording and minor changes made
for clarity.

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Ref 2025 Code Wording 2016 Code Wording ABPmer Commentary C3 Legislation
3.14 The legislative landscape is changing all the
time, and it is important that organisations
identify the implications of any new legislation
being developed on their operations. Where
that legislation creates any new duties or
responsibilities on organisations, these should
be incorporated into their MSMS.
No previous equivalent. New text to The Code.
3.15 Several routes are available to organisations
whose risk assessments indicate that
additional legal powers are desirable to assist
them in managing marine safety or that
existing powers are no longer needed.
No previous equivalent. New text to The Code.
3.16 These include: 
 Harbour empowerment orders can be
used to create a new harbour and secure
the statutory powers of a harbour
authority;
 Harbour revision orders can be used to
amend statutory powers in a harbour
authority’s local legislation and to
achieve a variety of other outcomes
including, for example, the power to
make General Directions or restructure a
port’s governance. They can also be used
to change harbour limits or extend
compulsory pilotage beyond the
harbour; and 
A harbour revision order can be used to
amend statutory powers in a harbour
authority’s local legislation. It can be used to
achieve various outcomes, one of which is to
impose or confer additional duties or powers
on a harbour authority (including powers to
make byelaws). It can also be used in the
context of The Code to substitute or amend
existing duties and powers. The following are
some examples of the purposes for which
duties and powers may be imposed or
conferred, substituted or amended by a
harbour revision order:
 Improving, maintaining or managing the
harbour;
Moved and simplified several paragraphs
from Section 3 of the 2016 Code.

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Ref 2025 Code Wording 2016 Code Wording ABPmer Commentary C3 Legislation 
 Harbour closure orders can be sought
when an organisation wishes to
relinquish its statutory powers in cases
where a harbour is no longer
commercially viable or necessary.
 Marking or lighting the harbour, raising
wrecks or otherwise making navigation
safer; and
 Regulating the activities of other
individuals and groups in connection
with the harbour and the
marine/shoreside interface. 
3.17 Guidance on applying for the different types
of harbour order and the process for decision
making is available from the relevant national
administration including the Marine
Management Organisation (MMO), Transport
Scotland, the Welsh Government’s Ports
Policy Team and the Northern Ireland
Assembly’s Department for Infrastructure.
Harbour revision orders can also be used to
change the harbour limits and to extend
compulsory pilotage beyond the harbour. 
Harbour revision orders are made by the
Secretary of State or the Marine Management
Organisation (“MMO”) to whom order-making
powers have been delegated (or to the
Scottish Ministers or the Welsh Ministers
where the order-making powers have been
devolved). The order can only be made if the
person making it is satisfied that the order
would be desirable:
 To secure the improvement, maintenance
or management of the harbour in an
efficient and economical manner; or
 To facilitate the efficient and economic
transport of goods by sea; or
 Be in the interests of the use of sea-
going ships for leisure purposes.
Moved and simplified several paragraphs
from Section 3 of the 2016 Code.   
Removal of details considered guidance and
signposted to the source guidance, including
devolved administrations.

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Ref 2025 Code Wording 2016 Code Wording ABPmer Commentary C3 Legislation
3.18 The introduction of any new legislation is a
lengthy process, and it is likely that a
significant amount of time will be required to
implement the desired change. The process is
likely to involve development, consultation
and approval stages as well as, in some cases,
a public inquiry. If an organisation is
considering an application, early engagement
with the relevant decision-making authority is
advised, including via any pre-application
process.  
No previous equivalent. New text to The Code.

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Table 5. Chapter 4. Duties and Powers
Ref 2025 Code Wording 2016 Code Wording ABPmer Commentary C4 Duties and Powers
4.1 Each organisation will have a different range
of statutory and non-statutory duties, powers
and responsibilities depending on their status
and the type of facility they are responsible
for. For example:
 Harbour authorities have a range of
statutory and non-statutory duties and
powers relating to marine operations; 
 Other organisations may not have access
to the same range of statutory powers
but will still have duties under general
legislation and non-statutory provisions;
and
 Marine berth, marina, terminal, pier or
jetty operators may not have any
statutory powers or duties but will need
to consider the appropriate
interpretation and applicability of, for
example, the conservancy duty,
environmental duty and their common
law duty of care to all harbour users, etc.
From Section 1 - An organisation has a range
of statutory and non-statutory duties 
From Section 1.3 - Harbour authorities have a
range of statutory and non-statutory duties
and powers relating to marine operations;
other organisations may not have access to
the same range of powers but will still have
duties under general legislation and non-
statutory provisions
New text to The Code, has been added to
provide clarity on ‘marine berth, marina,
terminal, pier or jetty operators’.   
Wording summaries Harbour Authorities and
other Organisations.   
Duty of Care principle to all harbour users
emphasised. 
4.2 All organisations are therefore encouraged to
consider this section to determine what
guidance may be relevant to them.
No previous equivalent. New text to The Code.
4.3 Duties to ensure marine safety should be
matched with general and specific powers to
enable an organisation to discharge those
duties.
Duties to ensure the safety of marine
operations are matched with general and
specific powers to enable the authority to
discharge these duties.
Wording has changed from ‘authority’ to
‘organisation’ putting emphasis that it applies
to all organisations including marinas and
facilities. Subtle change from ‘are’ to ‘should’
introduces an advisory element.

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4.4 Under local and national legislation, most
harbour authorities have powers and duties to
manage vessel traffic within their limits. In the
context of vessel traffic management there is
a requirement to assess if Vessel Traffic
Services (VTS) should be established in the
interests of marine safety, and if not, what
level of Local Port Service (LPS) is required.
This must be completed with reference to
MGN 401. 
New text to The Code, this information was
previously in the GtGP.   
Inclusion of this requirement provides a need
to demonstrate than an assessment has been
conducted into requirements for a VTS or LPS
with reference to the extant Marine Guidance
Note (MGN) 401 (MCA, 2022) 
4.5 Assessment of vessel traffic management is
determined by means of a Formal Risk
Assessment (FRA) into the safety of
navigation. Harbour authorities must
demonstrate that they: 
 Ensure the safe and efficient use of the
harbour by those who have a right to use
it and navigate in its waters;
 Conserve and promote the safe use of
the harbour/facility and prevent loss or
injury through the organisation’s
negligence;
 Have regard to efficiency, economy and
safety of operation as respects the
services and facilities provided; and
 Take such action that is necessary or
desirable for the maintenance, operation,
improvement or conservancy of the
facility.
For the purposes of The Code, the duty holder
should ensure that the organisation
discharges its responsibilities in respect of the
following areas: 
Take reasonable care, so long as the
harbour/facility is open for public use, that all
who may choose to navigate in it may do so
without danger to their lives or property. 
Conserve and promote the safe use of the
harbour/facility and prevent loss or injury
through the organisation’s negligence.  Have
regard to efficiency, economy and safety of
operation as respects the services and
facilities provided.  Take such action that is
necessary or desirable for the maintenance,
operation, improvement or conservancy of the
harbour/facility.
Text moved from the 2016 Code’s Section 3
and presented in terms of FRA for traffic
management which Harbour Authorities
‘must’ demonstrate.   
This creates a requirement for Harbour
Authorities to undertake an FRA for ‘Vessel
Traffic Management’.

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4.6 In addition, the Duty Holder must ensure that
sufficient resources are available to discharge
its marine safety obligations and set the level
of dues accordingly.
In addition, the duty holder must ensure that
sufficient resources are available to discharge
its marine safety obligations and set the level
of dues accordingly. 
No change.  
4.7 In some cases, actions may require a marine
licence or a marine licence exemption
notification. Advice should be sought from the
relevant marine licence regulator for England,
Wales, Scotland or Northern Ireland, with
reference to the relevant legislation for each
devolved administration.
Such actions will in some cases – for example
the erection of works or the placing of aids to
navigation – be subject to consents or other
authorisations.
Change of wording to include relevant marine
regulators from devolved administrations.  
4.8 Where an aid to navigation requires
establishment, removal or alteration, this may
require consent from the relevant General
Lighthouse Authority (GLA).
Such actions will in some cases – for example
the erection of works or the placing of aids to
navigation – be subject to consents or other
authorisations. 
Clear reference added to the GLA.  
4.9 Most harbour authority’s statutory powers are
subject to the open port duty. This means that
the harbour, dock, or pier must be open to
anyone for the shipping and unshipping of
goods and the embarking and landing of
passengers, on payment of the rates and other
conditions set in accordance with local
legislation.
Almost every harbour authority’s statutory
powers are subject to what is known as the
‘open port duty’. This means that the harbour,
dock, or pier must be open to anyone for the
shipping and unshipping of goods and the
embarking and landing of passengers, on
payment of the rates and other conditions set by
the local legislation for that port.  
Minor changes made to wording for clarity.
4.10 A harbour authority is likely to have powers in its
local legislation to appoint a Harbour Master, to
make byelaws relating to their powers and
duties and the duties of harbour users. The
Harbour Master is accountable to the
organisation and should familiarise themselves
with the extent of their legal powers, including
those set out in general and local legislation,
byelaws and any applicable general directions.
A harbour authority is likely to have the power in
its local legislation to appoint a harbour master.
The authority may have the power to make
byelaws relating to the powers and duties of the
harbour master and the duties of harbour users
in relation to the harbour master. The harbour
master is accountable to the authority for the
safety of marine operations in the harbour. The
harbour master should familiarise themselves
with the extent of his or her legal powers,
Minor changes made to wording for clarity.

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including those set out in general and local
legislation, byelaws and any applicable general
directions.  
4.11 Organisations without statutory powers to
appoint a Harbour Master should consider the
appointment of an individual with an
equivalent role, such as a marine manager or
superintendent.
No previous equivalent. New text to The Code. 
Note also that this requirement is stated in
Section 6.12.  
4.12 Byelaws can be made by any organisation that
has the powers to do so, as laid down in its
local Acts and Orders. The procedure for
making and confirming byelaws is modelled
on the procedure for local authority byelaws.
Byelaws can be made by any authority that
has the powers to do so, as laid down in its
local Acts and Orders. The procedure for
making and confirming byelaws is modelled
on the long-established procedure used for
local authority byelaws.
Change of ‘authority’ to ‘organisation’.
4.13 Byelaws must be within the scope of the
organisation’s byelaw-making powers. They
are used to regulate activities in the harbour,
reflecting local circumstances and enabling
the operation of the harbour to be conducted
efficiently and safely. They are generally
available to regulate rather than prohibit and
can be used to create criminal offences
punishable on conviction in the courts
through fines.
Byelaws must be within the scope of the
harbour authority’s byelaw-making powers.
They are used to regulate activities in the
harbour, reflecting local circumstances and
enabling the operation of the harbour to be
conducted efficiently and safely. They are
generally available to regulate rather than
prohibit: therefore, an activity cannot be
banned from the entire harbour unless the
appropriate byelaw-making power so
specifies. Byelaw-making powers go beyond
simple management to include a power
to create criminal offences for breach of the
bye-laws punishable on conviction in the
courts by fines.
Simplification of wording, but no substantive
change to the detail.

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4.14 Harbour authorities need to consult users
before making byelaws which must be
confirmed by the relevant Minister before
they are brought into force.
Harbour authorities need to consult users
before advertising sealed byelaws and bye-
laws must be confirmed by the relevant
Minister.
Minor changes made to wording for clarity.
4.15 A SHA may find it more straightforward and
efficient to utilise one of the directions
detailed below but it should establish that
there are no overriding local regulatory
conflicts before doing so. 
New text to The Code. 
4.16 A Harbour Master generally has powers of
direction to regulate the time and manner of
vessels’ entry to, departure from and
movement within harbour waters, and for
related purposes. These powers are provided
not for setting general rules but to enable
specific directions to be given to specific
vessels for specific movements, although the
powers may be expressed to allow directions
to be given to a class of vessels, or all vessels,
in an emergency.
The harbour master duly appointed by a
harbour authority generally has, under local
legislation, powers of direction to regulate the
time and manner of ships’ entry to, departure
from and movement within harbour waters,
and for related purposes. These powers are
provided not for setting general rules but for
the purpose of giving specific directions to
specific vessels for specific movements,
although the powers may be expressed to
allow directions to be given to a class of
vessels, or all vessels, in an emergency. 
Minor changes made to wording for clarity. 
Removal of the ‘duly appointed by a Harbour
Authority’ statement, noting that Section 4.10
details Harbour Master appointment.  
4.17 Harbour Masters’ directions are generally
referred to as ‘special directions’ to
distinguish them from ‘general directions’
which are given by the organisation itself.
A harbour master’s directions may be referred
to as ‘special directions’ to distinguish them
from ‘general directions’ given by the
authority itself. Directions may include the use
of tugs and other forms of assistance.
Separated into two paragraphs and the
replacement of ‘authority’ with ‘organisation’.
4.18 If permitted under the legislation, the powers
of direction may also be exercisable by a
Harbour Masters’ assistant, vessel traffic
services operator, or any other person
designated for the purpose. Legislation may
If permitted under local legislation, the
powers of direction may also be exercisable
by a harbour master’s assistant, vessel traffic
services operator, or any other person
designated for the purpose. Local legislation
Change of wording from ‘shipping in the
harbour’ to ‘vessels in the facility’.

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provide that it is an offence not to comply
with directions but may add a qualification
that the master – or pilot – of a vessel is not
obliged to obey directions if they believed
compliance would endanger the vessel. It is
the duty of a Harbour Master, in exercising
these powers, to consider the interests of all
vessels in the facility.
usually provides that it is an offence not to
comply with directions but may add a
qualification that the master – or pilot – of a
vessel is not obliged to obey directions if they
believe that compliance would endanger the
vessel. It is the duty of a harbour master in
exercising these powers to consider the
interests of all shipping in the harbour.
4.19 Many harbour authorities have powers,
through their local enabling legislation, to
give ‘general directions’ to regulate the
movement and berthing of ships. These are in
addition to the powers of a Harbour Master to
give ‘special directions’ although some
authorities have a combined power to give
special and general directions. The power is
exercisable by the authority itself, although
they are for the Harbour Master to enforce.
General directions may only be made after
users have been consulted. This is not a
requirement for the Harbour Master’s ‘special
directions’, which are more appropriate for
emergencies or temporary use.
Some harbour authorities (but not all) have
powers, through their local enabling
legislation, to give ‘general directions’ to
regulate the movement and berthing of ships.
These are in addition to the powers of a
harbour master to give ‘special directions’;
although some authorities have a combined
power to give special and general directions.
The power is exercisable by the authority
itself, although they are for the harbour
master to enforce, and thereby regulate the
movement of vessels. General directions may
only be made after users have been consulted.
This is not a requirement for the harbour
master’s ‘special directions’, which are more
appropriate for emergencies or short-term
use.
Minor changes made to wording for clarity. 
Removed the wording ‘and thereby regulate
the movement of vessels’.
4.20 Those SHAs which do not have powers to set
general directions are recommended to
consider acquiring them, typically through a
harbour revision order (see Chapter 3). 
New text to The Code.

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4.21 Harbour authorities may obtain powers to
issue harbour directions. These are similar to
general directions in that they can be used to
regulate the movement, mooring, equipment
and manning of vessels within the harbour .
Consultation with users must be undertaken
before harbour directions are introduced.
The Marine Navigation Act 2013 created a
new procedure for harbour authorities to
obtain powers to issue harbour directions,
similar to general directions in that they can
be used to regulate the movement, mooring,
equipment and manning of ships within the
harbour. They also must be consulted on
before being made. To obtain this power,
harbour authorities must be designated in an
Order made by the relevant Minister. A non-
statutory Code of Conduct on the use of this
power has been agreed between
representatives of the ports, commercial
shipping and recreational sailing sectors.
Minor changes made to wording for clarity.
4.22 To obtain this power, harbour authorities
must be designated in an order made by the
relevant Minister. A non-statutory Code of
Conduct on the use of this power has been
agreed between representatives of the ports,
commercial shipping and recreational sailing
sectors. Any SHA interested in applying for
this power should contact their relevant port
administration.
To obtain this power, harbour authorities
must be designated in an Order made by the
relevant Minister. A non-statutory Code of
Conduct on the use of this power has been
agreed between representatives of the ports,
commercial shipping and recreational sailing
sectors.
Addition of wording to confirm the
requirement to seek these powers through
the relevant port administration..  
4.23 A Harbour Master may give directions
prohibiting the entry into, or requiring the
removal from, the harbour of any vessel.
These may be used if, in their opinion, the
condition of that vessel, or the nature or
condition of anything it contains, is such that
its presence might involve a grave and
imminent danger to the safety of persons or
A harbour master may give directions
prohibiting the entry into, or requiring the
removal from, the harbour of any vessel if, in
their opinion, the condition of that vessel, or
the nature or condition of anything it
contains, is such that its presence in the
harbour might involve a grave and imminent
danger to the safety of persons or property or
Minor changes made to wording for clarity.
Reinforcement in the avoidance or reduction
of risks from pollution.

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property or risk that the vessel may, by
sinking or foundering, prevent or seriously
prejudice use by other vessels. The Harbour
Master must have regard to all the
circumstances and to the safety of any person
or vessel which may include to avoid or
reduce risks from pollution.
risk that the vessel may, by sinking or
foundering in the harbour, prevent or
seriously prejudice the use of the harbour by
other vessels. They must have regard to all the
circumstances and to the safety of any person
or vessel. 
4.24 Such directions may be over-ridden by the
Secretary of State’s Representative (SOSRep)
for maritime salvage and intervention who
may issue contrary directions to the Harbour
Master in the interests of safety.
Such directions may be over-ridden by the
Secretary of State’s representative for
maritime salvage and intervention who may
issue contrary directions to the harbour
master in the interests of safety.  
Addition of the acronym SOSRep.  
4.25 Under the Pilotage Act 1987, a Competent
Harbour Authority (CHA) has a duty to assess
what, if any, pilotage services are required to
secure the safety of ships, and to provide such
services as it has deemed necessary.
Under the Pilotage Act 1987, a Competent
Harbour Authority (“CHA”) has a duty to
assess what, if any, pilotage services are
required to secure the safety of ships, and to
provide such services as it has deemed
necessary. CHAs should determine these
matters through risk assessment.
The sentence ‘CHAs should determine these
matters through risk assessment has been
removed.  
4.26 CHAs must issue pilotage directions if they
decide, based on their assessment of the risks,
that pilotage should be compulsory. The
pilotage directions must specify to which
ships, area and circumstances they are
applicable.
CHAs must issue pilotage directions if they
decide, based on their assessment of the risks,
that pilotage should be made compulsory.
The pilotage directions must specify to which
ships they apply and the area and
circumstances in which they apply.
Minor changes made to wording for clarity.
4.27 A CHA may authorise suitably qualified pilots
in its area . Authorisations may relate to ships
of a particular description and to particular
parts of the harbour. The CHA is responsible
for determining the qualifications, medical
fitness standards, local knowledge, skill, and
A CHA may authorise suitably qualified pilots
in its area. Authorisations may relate to ships
of a particular description and to particular
parts of the harbour. The CHA determines the
qualifications for authorisation in respect of
medical fitness standards, time of service,
Minor changes made to wording for clarity. 
Removal of the references to EEA State
Nationals.

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other attributes that a pilot must have. The
CHA may also – after giving notice and
allowing a reasonable opportunity to make
representations – suspend or revoke a pilot’s
authorisation.
local knowledge, skill, character and
otherwise. Qualifications of EEA State
nationals must be recognised. The CHA may
also – after giving notice and allowing a
reasonable opportunity to make
representations – suspend or revoke an
authorisation in certain circumstances.
4.28 CHAs are encouraged to implement the
recommendations on training, certification
and operational procedures for pilots
contained within International Maritime
Organization (IMO) Resolution A960.
CHAs are encouraged to implement the
international recommendations on the
training and certification and operational
procedures for pilots contained within
International Maritime Organisation
Resolution A960.
No change. 
4.29 CHAs must grant a Pilotage Exemption
Certificate (PEC) to a vessel’s deck officer if
they demonstrate they have sufficient skill,
experience and local knowledge to pilot a
vessel within the compulsory pilotage area.
The requirements for granting a PEC must not
exceed, or be more onerous than, those for an
authorised pilot.
CHAs must grant a ‘Pilotage Exemption
Certificate’ (“PEC”) to a ship’s deck officer
(including the Master) who applies for one if
they demonstrate they have sufficient skill,
experience and local knowledge to pilot the
ship within the compulsory pilotage area. The
requirements for granting a PEC must not
exceed or be more onerous than those
needed for an authorised pilot.
Wording updated to include ‘vessel’s deck
officer’ to include the change introduced by
the Marine Navigation Act 2013.  
4.30 A CHA may suspend or revoke a PEC if it
ceases to be satisfied that the holder
possesses the required skill, experience and
local knowledge, where there is professional
misconduct or the provision of false
information.
A CHA may suspend or revoke a PEC if it
ceases to be satisfied that the holder
possesses the required skill, experience and
local knowledge, or in cases of professional
misconduct or the provision of false
information
No change. 
4.31 Procedures for towage need to be developed,
managed and regularly reviewed by
organisations, tug operators, pilots and vessel
No previous equivalent New text to The Code, however, this
information was previously in the GtGP.

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owners, to ensure a safe and efficient service
and should include emergency response.
4.32 Organisations must risk assess routine towage
operations and, in consultation with
stakeholders, should develop specific towage
guidelines
No previous equivalent New text to The Code, however, this
information was previously in the GtGP.   
Its introduction as a ‘must’ makes this a
mandatory requirement.  
4.33 Where towage is non-routine, this must be
subject to a specific risk assessment and
approval processes.  
No previous equivalent New text to The Code, but was previously in
the Guide to Good Practice.   
Its introduction as a ‘must’ makes this a
mandatory requirement.  
4.34 Local legislation may empower organisations
to register, inspect and licence commercially
operated craft. Where this is not the case, the
organisation’s risk assessments should show
some form of agreement with commercial
operators about the maintenance and proper
use of these vessels. It may be appropriate for
the organisation to consider seeking these
powers following a risk assessment.  
No previous equivalent New text to The Code, however, this
information was previously in the GtGP.   
Advisory and best practice to run a
registration scheme for commercial operated
craft using the harbour.  Clear link to powers
for registration, inspection and licensing.  
4.35 Harbour authorities have specific
environmental duties under Section 48A of
the Harbours Act 1964, as well as under other
environmental legislation.   They may also
have an obligation where, for example, Marine
Conservation Zones, Marine Protected Areas,
Highly Protected Marine Areas, Special
Protection Areas for Birds or a Special Area of
Conservation have been designated, to have
regard to the requirements of any laws which
implemented the Habitats Directive so far as
Harbour authorities have a general duty to
exercise their functions with regard to nature
conservation and other related environmental
considerations. They may now seek additional
powers for these purposes. They also have an
obligation, where a Special Protection Area for
Birds or a Special Area of Conservation has
been designated under the Wild Birds or
Habitats Directives, to have regard to the
requirements of the Habitats Directive so far
as they may be affected by the exercise of
Some legislative requirements moved to a
new paragraph (4.36).

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they may be affected by the exercise of those
functions..
those functions. Harbour authorities also have
to comply with The Natural Environment and
Rural Communities Act 2006 which
strengthened the requirement for public
bodies, including statutory undertakers, to
have regard for bio-diversity in undertaking
their activities
4.36 Harbour authorities must, in exercising their
functions, have regard to the purpose of
conserving biodiversity 45. This requirement is
supplemented by the Environment Act 2021
which sets out four priority areas of air quality,
No previous equivalent New text to The Code,
Referencing the Environment Act 2021
4.37 The Dangerous Goods in Harbour Area
Regulations 2016 include provisions for the
marking and navigation of vessels, handling of
dangerous substances, bulk liquids, packaging
and labelling, storage and explosives. They
also set a requirement for the creation of
emergency plans by harbour authorities.
Guidance is available in an Approved Code of
Practice and Harbour Masters have the power
to prohibit the entry of dangerous goods to
the harbour area.  
Responsibility for developing and
implementing emergency plans and
procedures, for regulating dangerous goods
in transit on ships and for counter-pollution
and waste disposal plans.  
Dangerous Goods in Harbour Area
Regulations 2016 were previously included in
the 2016 Code in Section 1.15 as a Harbour
Master duty.   
This requirement now forms a new paragraph,
referencing emergency plans and Harbour
Master powers to prohibit entry of dangerous
goods to the harbour area.  
4.38 Organisations may also have a duty under the
Merchant Shipping (Oil Pollution
Preparedness Response and Co-operation
Convention) Regulations 1998, to prepare a
plan to respond to oil spills in their waters for
approval by the MCA. Guidance on plan
preparation is available from the MCA
No previous equivalent New text to The Code, however, this
information was previously in the GtGP.

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4.39 The Civil Contingencies Act 2004 provides a
framework for civil protection in the event of
an emergency that threatens serious damage
to human welfare, the environment or security
The Civil Contingencies Act 2004 provides a
framework for civil protection in the event of
an emergency that threatens serious damage
to human welfare, the environment or security
No change.  
4.40 Harbour authorities are classified as Category
2 cooperating bodies. They will be involved in
planning work and in incidents that affect
their sector. They must cooperate and share
relevant information with Category 1
(emergency services and local authorities) and
other Category 2 responders
Harbour authorities are classified as Category
2 ‘‘cooperating bodies’’. They will be involved
in the associated planning work, and heavily
involved in incidents that affect their sector.
They are responsible for cooperating and
sharing relevant information with Category 1
(emergency services and local authorities) and
other Category 2 responders.
Minor changes made to wording for clarity.
4.41 It is recommended that all organisations
maintain regular contact with their local
Category 1 responders which are formed into
multi-agency partnerships know as Local
Resilience Forums. Each Forum covers a
defined geographic area and contact details
are available on gov.uk. Organisations should
also make themselves aware of the 
Joint Emergency Services Interoperability
Principles (JESIP).
No previous equivalent New text to The Code.  
4.42 Harbour authorities and CHAs have powers to
collect harbour dues and pilotage charges
from users. These should raise sufficient
revenue to enable them to pay for the
discharge of any statutory functions. The level
of dues and charges should be properly
accounted for and brought to the notice of
those persons likely to be interested.
Harbour authorities and CHAs have powers to
collect harbour dues and pilotage charges
from users and should raise enough to
provide resources to enable them to pay for
the discharge of their statutory functions. The
level of dues and charges should be properly
accounted for and brought to the notice of
those persons likely to be interested.
Minor change in wording. 2016 Code states
‘raise enough’. New Code states ‘raise
sufficient’.

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4.43 Members of the harbour board and/or the
Duty Holder are responsible for ensuring that
adequate resources are provided to its officers
to enable them to operate their policies,
procedures and systems effectively and safely.
This includes adequate resource for training.
There should be no presumption that dues
levied on a specific group or type of user
should be exclusively reinvested in improving
the services and facilities on offer to those
users.
Harbour authorities and CHAs have powers to
collect harbour dues and pilotage charges
from users and should raise enough to
provide resources to enable them to pay for
the discharge of their statutory functions. The
level of dues and charges should be properly
accounted for and brought to the notice of
those persons likely to be interested
Changed wording to refer to harbour board
and/or Duty holder. 
Wording changed and added to include
functions required to operate effectively and
safely, whilst also making the connection with
dues being raised to fund these functions.  
4.44 A CHA may make reasonable charges in
respect of any pilotage services it provides.
Such charges may be applied to vessels with
an authorised pilot aboard and to vessels
where the deck officer holds a PEC in respect
of the area and vessel in question.
A CHA may make reasonable charges in
respect of the pilotage services it provides.
Such charges may be applied to vessels with
an authorised pilot aboard and to vessels
where the deck officer holds a pilotage
exemption certificate in respect of the area
and vessel in question.
Minor changes made to wording for clarity.
4.45 The harbour authority’s power to levy dues
and pilotage charges is subject to a statutory
right of objection to the relevant Minister.
The harbour authority’s power to levy dues
and pilotage charges is subject to a statutory
right of objection to the relevant Minister.
No change. 
4.46 Organisations can charge fees for the use of
services and facilities they provide and make
access subject to such terms and conditions
as they believe appropriate (noting that some
fees may be subject to statutory control).
Every authority has the power to make the use
of services and facilities provided by them at a
harbour subject to the terms and conditions
that they think fit (although any fees charged
by may be subject to statutory control).
Changed wording removing ‘authority’ and
replacing with ‘Organisation’.

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Table 6. Chapter 5. Risk Assessment
Ref 2025 Code Wording 2016 Code Wording ABPmer Commentary C5 Risk Assessment
5.1 All organisations must identify the hazards
they manage, complete risk assessments and
incorporate these within their MSMS.
Powers, policies, plans and procedures
should be based on a formal assessment of
hazards and risks and organisations should
have a formal MSMS.
Clear change of emphasis to all
organisations. 
Use of ‘must’ makes this a mandatory
requirement.  
5.2 The risks associated with marine operations
need to be assessed and a means of
controlling them deployed. 
The risks associated with marine operations
need to be assessed and a means of
controlling them needs to be deployed. The
aim of this process is to eliminate the risk or,
failing that, to reduce risks as low as
reasonably practicable.
No change to preceding text first paragraph,
removal of the wording related to as low as
reasonably practicable
5.3 The tolerability threshold for marine
operational risk should be determined and
set by all organisations. This will define and
set the level for all marine-related risk
assessments falling under the organisation’s
duties and responsibilities.
No previous equivalent New text to The Code, however, this
information was previously in the GtGP.  
5.4 There are two types of risk assessment:
 Formal risk assessment (often called
Operational Risk Assessments) which
are written down and provide the
framework to describe how hazards are
assessed and managed. This could also
include risk assessments for specific
operations (often called Specific or Task
Risk Assessments); and 
 Dynamic risk assessment which helps
individuals to assess a situation which is
constantly changing.
No previous equivalent New text to The Code, however, this
information was previously in the GtGP.

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5.5 Organisations must provide a framework for
the delivery of both types of assessment. The
fundamental principles of risk assessment in
the marine environment are similar for all
organisations.  
No previous equivalent New text to The Code. 
Use of ‘must’ makes this a mandatory
requirement for setting out a framework for
delivering Formal and Dynamic Risk
Assessment.  
5.6 Risks and the impact of identified outcomes
are typically assessed against four outcome-
criteria with consequence to:
 Life;
 The environment;
 Port and port user operations (business,
reputation etc); and
 Port and shipping infrastructure
(damage).
No previous equivalent New text to The Code, however, this
information was previously in the GtGP.  
40, 
(Note: 
Potential
numbering
error in
updated
PMSC)
Risks may be identified which are intolerable.
Measures must be taken to eliminate these
using ALARP and ensure they become
tolerable by the end of the process. The
greater the risk, the more likely that it will be
reasonable to go to the expense, trouble and
invention to reduce it. There is a hierarchy of
risk control principles:
 Eliminate risks – by avoiding a
hazardous procedure or substituting a
less dangerous one;
 Combat risks – by taking protective
measures to prevent risk; and
 Minimise risks – by suitable systems of
working
Risks should be judged against objective
criteria, without being influenced by the
financial position of the authority, to ensure
they are reduced to the lowest possible level,
so far as is reasonably practicable (that is
such risks must be kept as low as reasonably
practicable or “ALARP”). The greater the risk,
the more likely it is that it is reasonable to go
to the expense, trouble and invention to
reduce it. There is a hierarchy of risk control
principles:
a. Minimise risks – by suitable systems of
working;
b. Combat risks – by taking protective
measures to prevent risk; and
Simplified and focussed the wording and
reordering of the risk control hierarchy
principles.

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c. Eliminate risks – by avoiding a
hazardous procedure, or substituting a
less dangerous one.
5.7 Risk assessments should be undertaken by
competent people especially when deciding
which techniques to use and interpreting the
results. 
Risk assessments should be undertaken by
people who are competent especially when
deciding which techniques to use and when
interpreting the results. 
Minor changes made to wording for clarity.
5.8 Formal Safety Assessments are undertaken
when risk assessments result in risk controls
that may be subject to cost benefit
assessment. This process will typically follow
the International Maritime Organization’s
Formal Safety Assessment process of which
the five stages are:
1. Identification of hazards;
2. Assessment of risks;
3. Risk control options;
4. Cost benefit assessment; and
5. Recommendations for decision-making.
No previous equivalent New text to The Code, however, the GtGP
did contain information on five stages
‘typically involve’ in risk assessment.  The
2025 Code’s working on five sections is taken
from the IMO’s Formal Safety Assessment.  
5.9 This process has been developed to enable a
balance to be drawn between the various
technical and operational issues, including
the human element, and between safety and
costs.  
No previous equivalent New text to The Code
5.10 The process of assessment is continuous so
that both new hazards and changed risks are
properly identified and addressed. Where
appropriate, organisations should exchange
details of their risk assessments, especially
where more than one organisation is
The process of assessment is continuous so
that both new hazards to navigation and
marine operations and changed risks are
properly identified and addressed. Where
appropriate organisations should publish
details of their risk assessments
Changed wording to include ‘organisations
should exchange details of their risk
assessments’.  Adds emphasis to the sharing
of information with regards to risk where
organisations operate in the same area or are
adjacent to SHAs.

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operating in the same area, for example
where a terminal or other facility operates in,
or adjacent to, a SHA.  
5.11 Risk assessments should be reviewed on a
planned periodic basis. The MSMS must state
the review frequency as well as any related
procedures or processes. The MSMS should
also refer to a procedure which ensures that
risk assessments are reviewed appropriately
in the following circumstances:
 Following a substantive change to
operations;
 Post-incident/accident; and 
 Post-review of relevant marine accident
or Health Check report
Risk assessments should be reviewed on a
planned periodic basis. The MSMS should
prescribe the organisation’s policy on review
frequency as well as any related procedures
or processes. The MSMS should also refer to
a procedure which ensures that risk
assessments are reviewed appropriately in
the following circumstances:
 On a planned periodic basis;
 Post-incident/accident; and
 Post-review of relevant marine accident
or health check trend report.
Change in requirement.  The MSMS must
state the review frequency, making this a
mandatory requirement.  
5.12 Risk assessment reviews are best conducted
by utilising user groups or representatives
who use the harbour or facility regularly. This
helps to ensure that practical and relevant
experience is captured and promotes good
consultation demonstrates a commitment to
user engagement
Risk assessment reviews are best conducted
by utilising user groups or representatives
who use the harbour or facility regularly. This
helps to ensure that practical and relevant
experience can be captured, promotes good
consultation and demonstrates the
organisation’s commitment to engaging with
users.
Minor changes made to wording for clarity.
5.13 Dynamic risk assessment (DRA) involves
observation, assessment and analysis of an
active work environment while work is
ongoing, to identify and manage risk. DRA
builds on the work of existing risk
assessments, and are usually conducted
during the task, often by the worker.
No previous equivalent New text to The Code, however, this
information was previously in the GtGP.

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Organisations must provide a form of DRA,
suited to their size, operations and
complementary to their formal risk
assessment processes.

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Table 7. Chapter 6. Marine Safety Management System
Ref 2025 Code Wording 2016 Code Wording ABPmer Commentary C6 Marine Safety Management System
6.1 All organisations must have a MSMS which is
key to the effective discharge of the
functions described in The Code. The type
and content of that MSMS will be
proportionate to an organisation’s size and
operations
It is strongly recommended that
organisations or facilities which are not a
statutory harbour authority, such as marine
berths and terminals, seek a proportionate
compliance with this Code through the
adoption of a formal risk assessment process
and the implementation of a marine safety
management system (“MSMS”) which
complies with this Code or any alternative
similar standard applicable to their sector.
Inclusion of the word ‘must’ makes this a
mandatory requirement..   
A clear link is made between the MSMS as
informed by policies approved by the Duty
Holder.
6.2 An effective MSMS is formed from clear
policies, approved by the Duty Holder, and
implemented by the organisation’s officers. It
will enact policy requirements through a
range of methods including, but not limited
to, standard operating procedures,
processes, plans, forms, permits/permissions
and systems. Clear assignment of relevant
executive and operational responsibilities to
staff is vital.
No direct comparison Some similar sections can be located in the
2016 Code, in Section 2.  Simplified and
focussed of wording.   
A clear link is made between the MSMS as
informed by policies approved by the Duty
Holder.
6.3 To inform the evolution of their MSMS,
organisations should regularly reflect on their
own operational practices and review
documents which might be relevant to
failures in the management of risk to drive
continuous improvement. The latter might
include:
 The GtGP;
 MAIB reports and Safety Digests;
Organisations should monitor, review and
audit the MSMS on a regular basis.
Expands and adds detail to the requirement
for reviewing the MSMS.

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 Sector/industry alerts and best practice
guidance; and
 MCA Health Check Reports.
6.4 An MSMS – which manages the hazards and
risks along with any preparations for
emergencies – must be developed,
implemented, maintained and reviewed
periodically. The MSMS should also capture
any customs and/or practices which have
become the standard approach to marine
operations. By formalising and documenting
these practises, organisations can place
themselves and their staff in a more
accountable position as well as ensuring that
there is continuity following the recruitment
of new staff.
An MSMS – which manages the hazards and
risks along with any preparations for
emergencies – must be developed,
implemented and maintained. This should be
operated effectively and revised periodically.
The MSMS should also document and
capture any custom and practices which may
have become the standard approach to
various port marine operations. By
formalising and documenting these practises,
organisations can place themselves and their
staff in a more accountable position as well
as ensuring that there is continuity when new
staff are recruited to an organisation.
Minor changes made to wording for clarity.
6.5 An MSMS should incorporate safety policies
and procedures to:
 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; and
 Prevent acts or omissions that may
cause injury to employees or others.
The MSMS should incorporate safety policies
and procedures to:
 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; and 
No change.

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 Prevent acts or omissions that may
cause personal injury to employees or
others.
6.6 An MSMS should also:
 Confirm roles and responsibilities of key
personnel;
 Recognise the requirement for a
Designated Person to be appointed who
is responsible for auditing and reporting
on compliance to the Duty Holder;
 Outline procedures for marine safety
within the facility and its approaches;
 Measure performance against targets
(the organisation must have a database
or system to record incidents, including
near misses);
 Include a bridging document, where
adjoining or interfacing with another
organisation, setting out key
communication lines and interactions,
deconflicting application of policies and
procedures within both MSMS and
emergency response;
 Refer to emergency plans that would
need to be exercised; and
 Be internally audited on an annual basis
or following reviews of the sources
noted at Paragraph 6.3.  
The MSMS 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
(organisation must have a database or
system to record incidents, including
near misses); 
 Refer to emergency plans that would
need to be exercised; 
 And, be audited (internally) on an
annual basis.
New text to The Code, introducing the
requirement for bridging documents for
adjoining or interfacing Organisations.  This
was previously covered, partly, by the GtGP
as ‘consider seeking advice from, and sharing
best practice with other ports.  The exchange
of risk information is encouraged’.  
Introduces the recognition of  the
requirement for a Designated Person to be
appointed. 
Reaffirmed that the MSMS should be
internally audited on an annual basis (linking
back to triggers that might prompt a review
(Paragraph 6.3)).  
6.7 A statement about the standard of the
organisation’s performance against its MSMS
A statement about the standard of the
organisation’s performance should be
included in the duty holder’s annual report.
Minor changes made to wording for clarity
with inclusion of ‘against its MSMS’.

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should be included in the Duty Holder’s
annual report.  
6.8 Where appropriate, an MSMS should assign
responsibility for associated matters – such
as the safety of berths; maintaining channels;
marking dangers; hydrographic surveys;
environmental monitoring; and the provision
of appropriate engineering and
environmental advice. Key roles should also
be defined in the MSMS.
Where appropriate, the MSMS should assign
responsibility for associated matters – such
as the safety of berths; maintaining channels;
marking dangers; hydrographic surveys;
environmental monitoring; and the provision
of appropriate engineering and
environmental advice.
Minor changes made to wording for clarity.   
Addition of ‘Key roles should also be defined
in the MSMS’.  
6.9 The Chief Executive (or equivalent) is
accountable for the operational and financial
control of the organisation. They will advise
on all matters related to the organisation’s
duties and powers, with appropriate advice
from the Harbour Master and other officers.
In particular, the Chief Executive will:
 Oversee the implementation of its
policies and decisions;
 Have executive responsibility for the
safety of operations and staff; and
 Will oversee the recruitment and
training of staff.
The Chief Executive, or equivalent, is
accountable for the operational and financial
control of the organisation. They will advise
the organisation on all matters related to its
duties and powers, with appropriate advice
from the harbour master and other officers.
They will:
 Oversee the implementation of its
policies and decisions;
 Have overall executive responsibility for
the safety of operations and staff; and
 Will oversee the recruitment and
training of staff.
Minor changes made to wording for clarity.  
41 
(Note: 
Potential
numbering
error in
updated
PMSC)
The Harbour Master is a statutory role –
although some harbour orders can be
drafted in other terms for a harbour authority
to use its powers relating to the direction of
vessels, typically a Harbour Master must be
appointed. The Harbour Master, or
occasionally an appropriate person or
organisation, has day-to-day responsibility
The Harbour Master has day-to-day
responsibility for managing the safe
operation of navigation and other marine
activities in the harbour and its approaches.
The post holder must be competent and a
suitably qualified person with sufficient
experience for the role. They must also be
competent to undertake other relevant
Reinforces the message that the Harbour
Master can only be appointed if the
Organisation has the powers to do so. 
Removal of the reference to Harbour Masters
qualifications (which is covered in Section 8).

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for managing the safe operation of
navigation and other marine activities as well
as undertaking other relevant duties
particularly in relation to the Health & Safety
at Work etc. Act 1974 and Merchant Shipping
legislation.
duties particularly in relation to the Health &
Safety at Work etc. Act 1974 and Merchant
Shipping legislation. A rigorous assessment
process leading to the award of a Harbour
Master Certificate, endorsed by the MCA, is
available in the UK which mirrors the content
of the National Occupational Standards for
Harbour Masters.
6.10 Whilst the specific role of the Harbour Master
will vary dependant on the size and type of
the harbour, the following are examples of
some of the roles they are likely to
undertake:
 Regulation of the time and manner of
vessel movements;
 Responsibility for developing and
implementing emergency plans and
procedures, for regulating dangerous
goods in transit on ships and for
counter-pollution and waste disposal
plans; and
 Responsibility for the management of
any aids to navigation.
Whilst the specific role of the Harbour Master
will vary dependant on the size and type of
the harbour, the following are examples of
some of the roles they are likely to
undertake:
 Regulation of the time and manner of
vessel movements
 Responsibility for developing and
implementing emergency plans and
procedures, for regulating dangerous
goods in transit on ships and for
counter-pollution and waste disposal
plans.
 Responsibility, where appropriate, for
the provision and maintenance of any
aids to navigation.
Provision and maintenance of’ is replaced by
‘management of’. 
6.11 Organisations without statutory
powers to appoint a Harbour Master
should ensure that responsibility for
this function is delegated to an
officer with an equivalent role, such
as a marine manager
No previous equivalent. New text to The Code. 
Note also that this requirement is stated in
Section 4.11.

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6.12 The appointment of any officers is a matter
for the organisation. Delegations must be
clear, formal and must not obscure the
accountability of the organisation and its
Duty Holder. It is vital that:
 Executive and operational
responsibilities are appropriately
assigned to properly trained people;
 If some of the functions are combined, a
proper separation of safety and
commercial activities needs to be
maintained; and
 All employees have appropriate training
for their level of responsibility.
The appointment of officers is a matter for
the organisation. Delegations must be clear,
formal and must not obscure the
accountability of the organisation and its
duty holder. It is important that:
 Executive and operational
responsibilities are appropriately
assigned to properly trained people;
 If some of the functions are combined, a
proper separation of safety and
commercial activities needs to be
maintained; and
 All employees must have training that is
appropriate for their level of
responsibility.
Change of the word ‘important’ to ‘vital’.
6.13 Delegations are no substitute for the Duty
Holder being directly involved in safety
management. At least one principal officer,
holding delegated responsibilities for safety,
should therefore attend Duty Holder
meetings.
Delegations are no substitute for the duty
holder being directly involved in safety
management. At least one principal officer,
holding delegated responsibilities for safety,
should therefore attend duty holder
meetings.
No change. 
6.14 Organisations should consult, as appropriate,
those likely to be involved in, or affected by,
their MSMS. However, within that process
there must be recognition that ultimate
responsibility for safety will always rest with
the Duty Holder.
Organisations should consult, as appropriate,
those likely to be involved in or affected by
the MSMS they adopt. The opportunity
should be taken to develop a consensus
about safe navigation in the harbour or
facility.
Removal of the sentence requiring harbours
and facilities to develop a consensus. 
Recognition of the Duty Holder ultimate
responsibility.
6.15 Notwithstanding stakeholder engagement
requirements as part of the risk assessment
and review process, organisations should
also strive to reach consensus on matters of
Notwithstanding the duties and powers an
organisation may have, it should seek to
maintain a consensus about safe navigation
Change in wording to ‘strive to reach
consensus’.  Additionally, wording added that
‘Where this is not possible, an organisation

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marine safety in its facilities and approaches
with users and service providers. Where this
is not possible, an organisation should
provide stakeholders with the reasoning
behind their decision. Regular stakeholder
engagement should be undertaken in the
form of user groups and forums
in its harbour or facility with users and
service providers as far as possible.
should provide stakeholders with the
reasoning behind their decision’.   
Also that regular stakeholder engagement
should be undertaken.  
6.16 Where other marine facilities are situated
within the jurisdiction of a SHA, organisations
should engage with one another to ascertain
the scope and extent of the SHA’s MSMS and
whether, or how, it incorporates or interacts
with other facilities operating within that
area. This engagement can be led by but it is
not the sole responsibility of, the SHA and
will assist consideration of whether it is
necessary for other marine facilities to
develop their own MSMS.
Where a marine terminal or jetty is situated
within the jurisdiction of a Statutory Harbour
Area (“SHA”), it is important for both parties
to engage with one another to ascertain the
scope and extent of the SHA’s MSMS and
whether it incorporates any of the terminals
or jetties marine operations. This
engagement will help to define whether it is
necessary for the terminal or jetty to develop
their own MSMS. If it is decided that an
additional system is required then the above
engagement should focus on ensuring that
the two MSMS complement each another
and avoid any duplication of effort.
Refocussed wording to make the text
applicable to facilities.   
Introduces the principle that the SHA can
lead, but is not solely responsible for  the
engagement on MSMS provision with other
marine facilities.  
6.17 If an additional MSMS is required,
engagement should focus on ensuring that
the two systems are complementary and
avoid any duplication of effort. The
organisations’ Duty Holders should confirm
their own compliance as required under The
Code unless it is agreed with the SHA that
the marine facility will be reflected within the
SHA’s compliance statement. 
If it is decided that an additional system
required, then the above engagement should
focus on ensuring that the two MSMS
complement each another and avoid any
duplication of effort.
Minor changes to the first paragraph dealing
with complementary MSMS for clarity.   
New text to The Code, stating that that the
organisations’ Duty Holders should confirm
their own compliance as required under The
Code unless it is agreed with the SHA that
the marine facility will be reflected within the
SHA’s compliance statement.

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6.18 Where a facility is located outside the
jurisdiction of a SHA, the organisation should
assess whether its operations require
additional controls through a risk-based
decision process. Engagement with the MCA,
as the competent authority for marine safety
in this situation, is advised.
No previous equivalent. New text to The Code. 
New requirement recognising that some
marine facilities may be located outside of an
SHA.  
6.19 However effective the MSMS regime is,
marine incidents and accidents may still
occur. These may involve deaths, serious
injuries, near misses, pollution and other
undesirable outcomes and may have resulted
from breaches of national or local laws
However effective the safety management
regime is, marine incidents do occur. Such
incidents may involve death, serious injury,
pollution and other undesirable outcomes
and they may involve breaches of national or
local laws.
Minor changes made to wording for clarity,
plus the introduction of near misses in the
context of incident reporting and
investigation. 
6.20 It is essential that the MSMS addresses the
potential for incidents and accidents to occur
and provides instruction and guidance on the
process for reporting and recording and any
investigations and enforcement action that
may be required as a result
It is, therefore, essential that the MSMS
addresses the potential for incidents to occur
and provides instruction and guidance on the
reporting and recording of incidents and any
investigations and enforcement action that
may be required as a result.
Minor changes made to wording for clarity.  
6.21 Investigations of marine incidents have two
essential purposes:
 To determine the cause with a view to
preventing recurrence; and
 To determine if an offence has been
committed: if so, there may be the need,
on the part of the organisation, to
initiate enforcement action that may
lead to prosecution in their own right or
through an agency of another authority
such as the Police or the MCA.
Investigations of marine incidents have two
essential purposes:
 To determine the cause of the incident,
with a view to preventing a recurrence
of that incident (or similar); and
 To determine if an offence has been
committed: if so, there may be the need,
on the part of the organisation, to
initiate enforcement action that may
lead to prosecution in their own right or
through an agency of another authority
such as the Police or the MCA.
No change.

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6.22 The Duty Holder may require a robust,
rigorous, independent investigation to be
carried out in cases where it is desirable to
obtain external assurance that an
organisations’ obligations for compliance
have been addressed. It may also be
appropriate to consider the contents of the
Police and Criminal Evidence Act 1984.
The duty holder may require a robust,
rigorous, independent investigation to be
carried out in cases where it is desirable to
obtain external assurance that their
obligations for compliance have been
addressed. It may also be appropriate to
consider the contents of the Police and
Criminal Evidence Act 1984.
No change.  
6.23 Organisations should report any accident
which meets the criteria established 
by MAIB to the Chief Inspector of Marine
Accidents and any other appropriate 
authorities, by the quickest means available. 
The Health & Safety Executive should be
contacted to report any shore-side safety
issues under the Reporting of Injuries,
Diseases and Dangerous Occurrences
Regulations 2013.
Organisations should report any accident
which meets the criteria established by the
MAIB, to the chief inspector and any other
appropriate authorities, by the quickest
means available.
New text to The Code, stating that ‘The
Health & Safety Executive should be
contacted to report any shore-side safety
issues under the Reporting of Injuries,
Diseases and Dangerous Occurrences
Regulations 2013.
6.24 Organisations must ensure that all policies
and procedures are properly and effectively
enforced and that adequate resources are
available for this purpose.
Organisations must ensure that all policies
and procedures are properly and effectively
enforced and that adequate resources are
available for this purpose. 
No change.  
6.25 Byelaws and directions adopted to manage
identified marine safety risks must be backed
by an appropriate policy on enforcement.
Organisations should have a clear policy on
prosecution, which is consistent with the risk
assessment on which its local legislation is
based.
Byelaws and directions adopted in order to
manage identified marine risks must be
backed by an appropriate policy on
enforcement. Organisations should have a
clear policy on prosecution, which is
consistent with the risk assessment on which
its directions are based.
No change.

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Table 8. Chapter 7. Audit and Review
Ref 2025 Code Wording 2016 Code Wording ABPmer Commentary C7 Audit and Review
7.1 Organisations should have a regular and
systematic process to review and audit all
their requirements for marine safety. These
will assist in understanding current levels of
compliance, highlighting areas for
improvement, enhance credibility through
independent verification, and deliver wider
benefits through better planning and
budgeting.
The MSMS must incorporate a regular and
systematic review of its performance. This
should be based on information from
monitoring the system itself and from
independent audits of the whole system.
Performance of the MSMS should be assessed
against internal performance indicators and,
where appropriate, by benchmarking against
other similar organisations that have adopted
good practice.
Change of requirement from ‘must’ to ‘should.   
Redrafting of this section identifies specific
benefits of a regular and systematic review
process.
7.2 The Duty Holder and Designated Person both
have a vital role in this process which will be
proportionate to the organisation’s size and
scale
No previous equivalent. New text to The Code.
7.3 Organisations should ensure they review and
audit their plans, MSMS, documents and
reports to ensure they remain current and fit
for purpose. The trigger for a review might be,
for example, in response to the  regular review
cycle, an incident or accident, a MAIB report, a
Code self-compliance statement, a change in
procedures or any other amendment.  
Organisations should monitor, review and
audit the MSMS on a regular basis.
Significantly expands scope, referencing
additional trigger points.  
7.4 The MSMS must incorporate a regular and
systematic review of its performance. This
should be based on information from
monitoring the system itself and from
independent external audits of the system.
The MSMS must incorporate a regular and
systematic review of its performance. This
should be based on information from
monitoring the system itself and from
independent audits of the whole system. 
Emphasis the need to have independent
external audits of the system.

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Ref 2025 Code Wording 2016 Code Wording ABPmer Commentary C7 Audit and Review
7.5 Performance of the MSMS should be assessed
against internal key performance indicators
and, where appropriate, by benchmarking
against other similar organisations that have
adopted good practice.
Performance of the MSMS should be assessed
against internal performance indicators and,
where appropriate, by benchmarking against
other similar organisations that have adopted
good practice.  
Minor changes made to wording for clarity.  
7.6 The Designated Person should present any
findings from audits to the Duty Holder as part
of the auditing and review process
No previous equivalent. New text to The Code.
7.7 Organisations should utilise a variety of
methods to ensure their review and audit
cycles are effective. Plan, Do, Check, Act is one
approach that has proved simple and
effective. 
Plan Recognise an opportunity or
challenge and plan change
Do Test the change
Check Review the test, analyse the results
and identify learning
Act Take appropriate action 
No previous equivalent. New text to The Code.
7.8 Duty Holders and Designated Persons should
ensure it is clear how the organisation’s plans,
procedures and other documents are
reviewed and audited.  
No previous equivalent. New text to The Code.

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Table 9. Chapter 8. Competence
Ref 2025 Code Wording 2016 Code Wording ABPmer Commentary C8 Competence
8.1 Under The Code, all persons involved in the
management and execution of marine
services should be competent, qualified and
trained to the appropriate national standard
Under The Code, all persons involved in the
management and execution of marine
services should be qualified and trained to the
appropriate national standard. 
Additional requirement that all persons
should be ‘competent’. 
8.2 To ensure that organisations employ
competent personnel, they must: 
 Use published national occupational
standards (or an equivalent set of
standards) as a basis for recruiting and
developing staff and as part of their
training strategy;
 Apply an agreed assessment
methodology to enable those standards
to be applied; 
 Review whether existing staff meet those
standards; 
 Ensure personnel have the necessary
professional qualifications, certificate of
competency (or are working towards
them); and
 Ensure personnel have enough relevant
experience to be effective in their posts.
No previous equivalent New text to The Code, however, this
information was previously in the GtGP (in
summary and in detail).  
8.3 Organisations must assess the fitness and
competence of all persons appointed to
positions with responsibility for marine and
navigation safety on a regular basis
Organisations must assess the fitness and
competence of all persons appointed to
positions with responsibility for marine and
navigation safety. 
Addition of ‘on a regular basis’.

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Ref 2025 Code Wording 2016 Code Wording ABPmer Commentary C8 Competence
8.4 A policy on revalidation or maintenance of
qualifications and continuing professional
development should also be considered.
A policy on revalidation or maintenance of
qualifications should also be considered.
Achieving port marine safety is a team
operation and people in these roles must be
competent and adequately trained, qualified
and experienced.
Removal of the final paragraph which is now
included in Section 8.2.   
Addition of ‘continuing professional
development’.

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Table 10. Chapter 9. Plan
Ref 2025 Code Wording 2016 Code Wording ABPmer Commentary C9 Plan
9.1 To demonstrate commitment to marine safety
and to ensure the involvement of harbour
users, all organisations should produce a
marine safety plan.  
To demonstrate the organisation’s
commitment to marine safety and to ensure
the involvement of harbour users, a safety
plan for marine operations should be
published at least once every three years.
Name of the plan changed from ‘a safety plan
for marine operations’ to ‘Marine Safety Plan’.   
Inclusion of ‘at least once every three years’
reworded in Section 9.6.  
9.2 The marine safety plan should illustrate how
policies and procedures will be developed to
satisfy the requirements of The Code. It
should: 
 Commit the organisation to undertake
and regulate marine operations in a way
that safeguards the harbour/facility, its
users, the public and the environment;
 Refer to commercial activities, the
efficient provision of specified services
and the effective regulation of vessels
including near miss reporting; and
 Explain how commercial pressures will be
managed without undermining the safe
provision of services and the efficient
discharge of its duties.
The plan should illustrate how the policies and
procedures will be developed to satisfy the
requirements under The Code. It should 
 Commit the organisation to undertake
and regulate marine operations in a way
that safeguards the harbour/facility, its
users, the public and the environment. 
 It should refer to commercial activities;
the efficient provision of specified
services and the effective regulation of
vessels including near miss reporting. 
 It should also explain how commercial
pressures would be managed without
undermining the safe provision of
services and the efficient discharge of its
duties.
No change.
9.3 The form of each organisation’s plan and
report is for it to determine so long as it
covers all if the relevant requirements of The
Code.
The form of each organisation’s plan and
report will be for it to determine so long as it
covers all the relevant requirements of The
Code.  Organisations are increasingly seeing
the benefits of using web sites to publish their
plans and reports.  
Removal of the final sentence.  
9.4 The Duty Holder must publish an assessment
of the organisation’s performance against its
plan.
The duty holder must also publish an
assessment of the organisation’s performance
against the plan.
Minor changes made to wording for clarity.

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Ref 2025 Code Wording 2016 Code Wording ABPmer Commentary C9 Plan
9.5 Information gathered from the monitoring
and auditing of the MSMS should be used to
support the analysis and conclusions of that
assessment.
Information gathered from the monitoring
and auditing of the MSMS should be used to
support the analysis and conclusions.
Minor change, with the words ‘of that
assessment’ added.  
9.6 At minimum, plans and assessments should
be reviewed and published every three years.
At minimum plans and reports should be
published every three years.
Wording changed from ‘reports’ to
‘assessments’ and the word ‘reviewed’ added.  
9.7 If organisations wish, this review period can
be aligned to ensure they inform The Code
compliance self-certification exercise.  
No previous equivalent. New text to The Code.

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Table 11. Chapter 10. Conservancy Duty
Ref 2024 Code Wording 2016 Code Wording ABPmer Commentary C10 Conservancy Duty
10.1 All organisations which have responsibility for
the operation and maintenance of marine
facilities should ensure that these are in good
repair and are fit for purpose. This is vital to
ensure that any vessels using them can do so
safely but also makes good business sense
since regular maintenance supports continued
effective and efficient operations, reduces
costs in the long term and assets in better
condition retain greater intrinsic value.  
No previous equivalent. New text to The Code. 
Noting that the expectation is that all
organisations operating marine facilities
should ensure that they are in good repair
and fit for purpose.  
10.2 Harbour authorities have a  legal duty to
conserve their harbours to ensure that it is fit
for use and a duty of reasonable care to see
that the harbour is in a fit condition for a
vessel to utilise it safely. This duty covers
several specific requirements to:
 Survey, using appropriate specifications
based on international standards, as
regularly as necessary in accordance with
good practice guidance;
 Find and mark the best navigable
channels;
 Place and maintain navigation marks in
the optimum positions which are suitable
for all conditions;
 Have a risk-based approach and keep a
vigilant watch for any changes in the sea-
or river-bed affecting the channel or
channels and move or renew navigation
marks as appropriate;
A harbour authority has a duty to conserve
the harbour so that it is fit for use as a port
and a duty of reasonable care to see that the
harbour is in a fit condition for a vessel to
utilise it safely. This duty covers several
specific requirements:
 To survey as regularly as necessary and
find and mark the best navigable
channels;
 To place and maintain navigation marks
in the optimum positions which are
suitable for all conditions;
 To keep a ‘vigilant watch’ for any
changes in the sea or river bed affecting
the
 Channel or channels and move or renew
navigation marks as appropriate;
 To keep proper hydrographic and
hydrological records;
Several changes to wording to clarify the duty
of conservancy for harbour authorities. 
New wording highlighting the requirement to
survey with international standards and good
practice guidance.   
Addition specific requirement to ‘have a ‘risk-
based approach’.

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Ref 2024 Code Wording 2016 Code Wording ABPmer Commentary C10 Conservancy Duty
 Keep proper hydrographic and
hydrological records;
 Ensure hydrographic information is
published in a timely manner; and
 Provide regular returns and other
information about the authority’s local
aids to navigation as the relevant GLA
may require.  
 To ensure that hydrographic information
is published in a timely manner; and
 To provide regular returns and other
information about the authority’s local
aids to navigation as the relevant General
Lighthouse Authority may require.  
10.3 Where a harbour authority establishes that
there is a certain depth of water at a part of
the harbour over which vessels may be
obliged to pass, it must use reasonable care
to provide that the approaches to that part
are sufficient, under normal conditions, or
give warning that the advertised depth has
not been maintained.
Where a harbour authority establishes that
there is a certain depth of water at a part of
the harbour over which vessels may be
obliged to pass, it must use reasonable care
to provide that the approaches to that part
are sufficient, under normal conditions, or
give
warning that the advertised depth has not
been maintained.
No change.  
10.4 Harbour authorities should supply the UK
Hydrographic Office (UKHO) with information
in accordance with good practice that may be
needed for updating and ensuring safe official
Admiralty charts and publications.
Harbour authorities should supply the UK
Hydrographic Office with information that
may be needed for their Admiralty charts and
other publications.  
Inclusion of acronym ‘UKHO’.  New wording
to state that supply of information is ‘good
practice’.  
10.5 Users should also be provided with adequate
information about conditions in the harbour
including timely notification of any changes.
They should provide users with adequate
information about conditions in the harbour.
Addition of the wording ‘including timely
notification of any changes’.  
10.6 Each harbour authority is a local lighthouse
authority for their area. They have the power
to carry out and maintain the marking or
lighting of any part of the harbour, or other
facility or off-shore structure, within the
authority’s area.
Each harbour authority is a local lighthouse
authority for their area. They have the power
to carry out and maintain the marking or
lighting of any part of the harbour within the
authority’s area.  
Addition of the wording ‘or other facility or
off-shore structure’.

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Ref 2024 Code Wording 2016 Code Wording ABPmer Commentary C10 Conservancy Duty
10.7 The GLAs are responsible for the
superintendence and management of all
lighthouses, buoys or beacons within their
respective areas. They have a duty to inspect
all lighthouses, buoys, beacons and other
navigational aids belonging to, or under the
management of, a local lighthouse authority.
They have the power to give directions to
local lighthouse authorities concerning the
provision and positioning of aids to
navigation.
The General Lighthouse Authorities are
responsible for the superintendence and
management of all lighthouses, buoys or
beacons within their respective areas. They
have a duty to inspect all lighthouses, buoys,
beacons and other navigational aids
belonging to, or under the management of, a
local lighthouse authority. They may also give
directions concerning the provision and
positioning of aids to navigation.
Inclusion of acronym ‘GLA’ and addition of the
wording ‘they have the power’.  
10.8 A local lighthouse authority shall not, without
the relevant GLA’s consent, erect, remove or
vary the character of any lighthouse, buoy or
beacon.
A local lighthouse authority shall not, without
the General Lighthouse Authority’s consent,
erect, remove or vary the character of any
lighthouse, buoy or beacon.
No change.
10.9 All aids to navigation maintained by harbour
authorities and any other existing local
lighthouse authorities must be maintained in
accordance with the availability criteria laid
down by the GLAs and must be subject to
periodic review. The characteristics of these
aids to navigation must comply with the
International Association of Lighthouse
Authorities Guidelines and Recommendations.
Information and periodic returns must be
supplied, when required, to the appropriate
GLA.
All aids to navigation maintained by harbour
authorities and any other existing local
lighthouse authorities must be maintained in
accordance with the availability criteria laid
down by the General Lighthouse Authorities,
and must be subject to periodic review. The
characteristics of these aids to navigation
must comply with the ‘International
Association of Lighthouse Authorities
Guidelines and Recommendations’.
Information and periodic returns must be
supplied, when required, to the appropriate
General Lighthouse Authority.
Inclusion of acronym ‘GLA’.

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Ref 2024 Code Wording 2016 Code Wording ABPmer Commentary C10 Conservancy Duty
10.10 Where there is a wreck in, or near, the
approaches to a harbour which is or is likely
to become a danger to navigation the
harbour authority may take possession of,
remove or destroy it. They may mark the
location of the wreck until it is raised,
removed or destroyed.
Where there is a wreck in, or near, the
approaches to a harbour which is or is likely to
become a danger to navigation the harbour
authority may take possession of, remove or
destroy it. They may mark the location of the
wreck until it is raised, removed or destroyed.
No change.
10.11 Harbour authorities must exercise their wreck-
marking and removal powers where, in their
opinion, a wreck is – or is likely to become –
an obstruction or danger to navigation. They
have a duty to have regard to the
environment in the exercise of this and all
other duties and powers.
Harbour authorities must exercise their wreck-
marking and removal powers where, in their
opinion, a wreck is – or is likely to become –
an obstruction or danger to navigation. They
have a duty to have regard to the
environment in the exercise of this and all
other duties and powers.
No change.
10.12 Harbour Masters may also have powers, under
the Harbour, Docks and Piers Clauses Act
1847 (as incorporated into local harbour
legislation) in particular under Sections 52, 56
and 57, to remove any unserviceable vessel
located within the harbour and should do so
wherever these present a risk to safety. The
expense of removing such vessels may be
charged to the owner.
Harbour Masters may also have powers, under
the Harbour, Docks and Piers Clauses Act
1847 (as incorporated into local harbour
legislation) in particular under Sections 52,56
and 57, to remove any unserviceable vessel
located within the harbour and should do so
wherever these present a risk to safety. The
expense of removing such vessels may be
charged to the owner.
No change.
10.13 A Harbour Master may give a direction to
remove a vessel from a harbour if, in their
opinion, its condition is such that it poses a
grave and imminent danger to the safety of
any person or property.
Under Section 1 of the Dangerous Vessels Act
1985 (directions by harbour master
concerning dangerous vessels etc.), a Harbour
Master may give a direction to remove a
vessel from a harbour if in his opinion the
condition of the vessel is such that it poses a
grave and imminent danger to the safety of
Removal of the detail about the Dangerous
Vessels Act 1985 which is now a footnote.   
Removal of ‘(note that the powers under this
section are subject to limitations).’

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Ref 2024 Code Wording 2016 Code Wording ABPmer Commentary C10 Conservancy Duty
any person or property (note that the powers
under this section are subject to limitations).
10.14 Where discretionary powers are granted by
legislation, Harbour Masters and harbour
authorities have a duty to exercise them in the
public interest and they may impose a duty to
take action where there is a threat to life.
Where discretionary powers are granted by
legislation, Harbour Masters and harbour
authorities have a duty to exercise these
powers in the public interest and they may
impose a duty to take action where there is a
threat to life.
Minor changes made to wording for clarity.  
10.15 Harbour authorities and their employees
(including the Harbour Master) owe a duty of
care under common law to those who
reasonably and foreseeably are within the
harbour area.
Harbour authorities and their employees
(including the Harbour Master) owe a duty of
care under the common law to those who
reasonably and foreseeably are within the
harbour area.
No change.
10.16 The Secretary of State (through his
representative, SOSRep) also has powers to
intervene and give directions. If it is
considered that it may be more appropriate
for SOSRep to act in the circumstances, they
should be contacted directly or via the MCA.  
The Secretary of State (through his
representative, SOSRep) also has powers to
intervene and give directions under Section
108A and Schedule 3A Merchant Shipping Act
1995. If it is considered that it may be more
appropriate for SOSRep to act, he should be
contacted directly or via the MCA
Removal of the detail about the Merchant
Shipping Act 1995 Section 108A, which is now
a footnote.   
Addition of the wording ‘in the
circumstances’. 
10.17 Where harbour authorities, or Harbour
Masters, are uncertain of their powers,
appropriate legal advice should be sought to
confirm their scope and extent.
Where harbour authorities or Harbour Masters
are uncertain of their powers, they should seek
appropriate legal advice.
Minor changes made to wording for clarity.

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References
Port Marine Safety Code (DfT, 2016)
Ports & Marine Facilities Safety Code (DfT, 2025)
Government Legislation, Acts, Regulations, Statutory Instruments, etc are available from: 
https://www.legislation.gov.uk/ 
Abbreviations/Acronyms 
ABPmer ABP Marine Environmental Research Ltd
ALARP As Low As Is Reasonably Practicable
CHA Competent Harbour Authority 
DfT Department for Transport
DRA Dynamic Risk Assessment
EEA European Economic Area
FRA Formal Risk Assessment
GLA General Lighthouse Authority
GtGP Guide to Good Practice
IMO International Maritime Organization
JESIP. Joint Emergency Services Interoperability Principles
LPS Local Port Service
MAIB Marine Accident Investigation Branch
MCA Maritime and Coastguard Agency
MGN Marine Guidance Note
MMO Marine Management Organisation
MSMS Marine Safety Management System
PEC Pilotage Exemption Certificate
PMSC Port Marine Safety Code
PMSC Ports & Marine Facilities Safety Code (The Code update 2025)
SHA Statutory Harbour Area
SOSRep Secretary of State’s Representative
The Code Port Marine Safety Code
UK United Kingdom
UKHO UK Hydrographic Office
VTS Vessel Traffic Services 
Cardinal points/directions are used unless otherwise stated.
SI units are used unless otherwise stated.
Here to help
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Document Information
Document History 
Title Ports & Marine Facilities Safety Code 
What has changed between the 2016 and 2025 PMSC?
Commissioned by Briefing Note
Issue date April 2025
Date Version Revision Details
15/04/2025 1 Issued for circulation
17/04/2025 2 Issued for circulation - Minor corrections in Table 3
23/04/2025 3 Issued for circulation – Minor corrections and Table 2 update   
Suggested Citation
ABPmer, (2025).  Ports & Marine Facilities Safety Code, What has changed between the 2016 and 2025 PMSC?,. 
ABPmer Briefing Note, April 2025. 
Contributing Authors
Prepared by Rod Lewis, Monty Smedley and Harry Aitchison
E: rlewis@abpmer.co.uk,  msmedley@abpmer.co.uk , harry.aitchison@abpmer.co.uk 
Images
All images copyright ABPmer, except seahorse (A J Pearson).
ABPmer
Quayside Suite, Medina Chambers, Town Quay, Southampton, Hampshire   SO14 2AQ
T: +44 (0) 2380 711844   W: http://www.abpmer.co.uk/

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