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PMSC Appendix 3 - Audit_Rothesay_Redacted

Argyll and Bute Council · 21 March 2024
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Argyll and Bute Council
Port Marine Safety Code
Audit: Rothesay 2023
January 2024
Appendix 3

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Port Marine Safety Code
Audit: Rothesay 2023
January 2024
Source, Wild About Argyll: https://www.wildaboutargyll.co.uk/visit/bute
Credit: SD Photography Bute

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Port Marine Safety Code - Audit: Rothesay 2023  Argyll and Bute Council
ABPmer, January 2024, R.4357 | i
Document Information
Document History and Authorisation
Title Port Marine Safety Code
Audit: Rothesay 2023
Commissioned by Argyll and Bute Council
Issue date January 2024
Document ref R.4357
Project no R/4952/01
Date Version Revision Details
12 January 2024 1 Issued for client review
Authorised 
(Designated Person)
Approved 
(Quality Manager)
Authorised 
(Project Director)
Monty Smedley Capt. Trevor Auld Gordon Osborn
Suggested Citation
ABPmer, (2024).  Port Marine Safety Code, Audit: Rothesay 2023, ABPmer Report No. R.4357.
A report produced by ABPmer for Argyll and Bute Council, January 2024.
Author
M.J. Smedley
Notice
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Sections of this document may rely on information supplied by or drawn from third party sources.  Unless otherwise expressly
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All content in this document should be considered provisional and should not be relied upon until a final version marked
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All images on front cover copyright ABPmer.
ABPmer
Quayside Suite, Medina Chambers, Town Quay, Southampton, Hampshire   SO14 2AQ
T: +44 (0) 2380 711844   W: http://www.abpmer.co.uk/ 
Accepted as issued for client use

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Port Marine Safety Code - Audit: Rothesay 2023  Argyll and Bute Council
ABPmer, January 2024, R.4357 | ii
Contents
1 The Port Marine Safety Code ................................................................................................ 1
1.1 About the Harbour Authority ................................................................................................................. 2
2 Purpose and Method ............................................................................................................... 3
2.1 Audit scope .................................................................................................................................................... 3
2.2 Audit definitions and outcomes ............................................................................................................ 3
2.3 Audit date and criteria .............................................................................................................................. 4
2.4 Auditor............................................................................................................................................................. 4
2.5 Auditees .......................................................................................................................................................... 4
3 Audit Summary ........................................................................................................................... 5
4 References .................................................................................................................................... 7
4.1 Websites ......................................................................................................................................................... 7
5 Abbreviations/Acronyms ........................................................................................................ 8
Appendices
A Detailed Audit Findings ........................................................................................................ 11
A.1 PMSC Section 1 – Accountability for Marine Safety .................................................................. 11
A.2 PMSC Section 2 – Key Measures Needed to Secure Marine Safety .................................... 15
A.3 PMSC Section 3 – General Duties and Powers ............................................................................. 22
A.4 PMSC Section 4 – Specific Duties and Powers ............................................................................. 25
B Quayside Check ....................................................................................................................... 31
B.1 Quayside Check ........................................................................................................................................ 31
Figure
Figure 1. Rothesay Harbour Limits .......................................................................................................................... 2
Images 
Image B1. Rothesay Inner Harbour, Pontoon Egress Points ........................................................................ 33
Image B2. Fish Quay and Roundhead Bollards .................................................................................................. 33

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Port Marine Safety Code - Audit: Rothesay 2023    Argyll and Bute Council
ABPmer, January 2024, R.4357  | 1
1 The Port Marine Safety Code
The Port Marine Safety Code (‘the Code’) sets out a 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. 
It is authored by the UK Government, supported by the devolved administrations and representatives
from across the maritime sector and, whilst the Code is not mandatory, these bodies have a strong
expectation that all harbour authorities 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, 2016). 
In reading this audit report, the Council and Duty Holder should note the following extract from the
Code: 
“The Code does not contain any new legal obligations but includes (amongst other things) references
to the main legal duties which already exist.  Failure to comply is not an offence in itself.  However,
the Code represents good practice as recognised by a wide range of industry stakeholders and a failure
to adhere to good practice may be indicative of a harbour authority being in breach of certain legal
duties.  Moreover, the organisation may suffer reputational damage if it has publicly committed to
the Code’s standards and then fails to meet them.” 
(DfT, 2016) 
In order to measure compliance with the Code, the table below sets out the 10 Duty Holder
responsibilities, and corresponding cross-references with sections of the Code, which this audit has
considered.   
No PMSC Duty Holder Responsibilities  PMSC Section 
Reference
1 Duty Holder Formally identify and designate the Duty Holder, whose members are
individually and collectively accountable for compliance with the Code
and their performance in ensuring safe marine operations in the harbour
and its approaches.
1.6-1.8, 1.10, 1.16-1.17
2 Designated
Person
A ‘Designated Person’ must be appointed to provide independent
assurance about the operation of the marine safety management system.
The designated person must have direct access to the Duty Holder.
1.11-1.12
3 Legislation The Duty Holder must review and be aware of their existing powers
based on local and national legislation; seeking additional powers if
required in order to promote safe navigation.
2.3-2.6, 
4.3-4.5
4 Duties and
Powers
Comply with the duties and powers under existing legislation as
appropriate.
1.3-1.5, 1.9, 1.13-1.15, 
3.1-3.14, 
4.2, 4.6-4.20, 4.25-4.32
5 Risk
Assessment
Ensure all marine risks are formally assessed and are eliminated or as low
as reasonably practicable in accordance with good practice.
2.7-2.11
6 Marine Safety
Management
System 
Operate an effective marine safety management system which has been
developed after consultation, is based on formal risk assessment, and
refers to an appropriate approach to incident investigation.
2.12-2.17, 2.19-2.23,
2.25, 2.29
7 Review and
Audit
Monitor, review and audit the risk assessment and marine safety
management system on a regular basis – the independent designated
person has a key role in providing assurance for the Duty Holder.
2.2, 2.24, 2.30-2.32
8 Competence Use competent people (i.e. trained, qualified and experienced) in
positions of responsibility for managing marine and navigation safety.
2.18
9 Plan Publish a safety plan showing how the standard in the Code will be met
and a report assessing the performance against the plan at least every 3
years.
2.26-2.28
10 Aids to
Navigation
Comply with directions from the General Lighthouse Authorities and
supply information and returns as required.
4.21-4.24

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Port Marine Safety Code - Audit: Rothesay 2023    Argyll and Bute Council
ABPmer, January 2024, R.4357  | 2
1.1 About the Harbour Authority
Rothesay Harbour is situated on the south side of Rothesay Bay on the Isle of Bute.  Argyll and Bute
Council (A&BC) is the Statutory Harbour Authority (SHA) for Rothesay Harbour with an area defined in
the Rothesay Harbour Order 1867.  The harbour limits as recorded by Marine Scotland’s database are
shown in Figure 1.  A&BC is also the Local Lighthouse Authority (LLA) with respect to aids to navigation
through Section 193 of the Merchant Shipping Act 1995.  A&BC is not a Competent Harbour Authority.   
Rothesay is an important ferry hub, with 11,250 ferry movements and 630,000 passengers recorded in
2022.  The harbour is formed of a main pier, with an outer berthing face of 170 m consisting of the Ferry
Berth (linkspan berth) and the West Berth, which extends across the head of the Bay.  This pier provides
shelter for two basins termed the Inner Harbour and Outer Harbour, both of which have fixed pontoons
providing 68 berths for smaller craft, operated by the Bute Berthing Company.  The pontoons are also
used by tenders from Cruise vessels on scheduled visits.  The West arm has a berth on its southern side
capable of accommodating small vessels up to 35 m length overall (LOA).  The south side of the ferry
(linkspan) berth is the fish quay, which predominantly caters for resident and visiting fishing vessels, but
is also occasionally used by workboats.   
The main harbour users are the CalMac Ferry Limited (CFL) ferry, operating 16 movements per day
between Rothesay and Wemyss Bay.  Two ferries operate on the service, both of which berth at Rothesay
overnight on the linkspan berth and West Berth.  The Harbour has a slipway at the root of the pier, but
this is no longer in use.  Two further slipways are located along the town frontage, outside of the
immediate harbour but within the SHA harbour limits.  Small craft, tenders, kayaks and beach launched
craft operate from the slipways along the Harbour Promenade.  Vessels also anchor in Rothesay Bay,
within the SHA limits.   
Source: Esri, DigitalGlobe, GeoEye.  Contains information from the Scottish Government (Marine Scotland)
Figure 1. Rothesay Harbour Limits

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Port Marine Safety Code - Audit: Rothesay 2023    Argyll and Bute Council
ABPmer, January 2024, R.4357  | 3
2 Purpose and Method
2.1 Audit scope
Argyll and Bute Council (A&BC) has contracted ABPmer to provide Designated Person services for its
ports, harbours and piers.  Part of this service includes the provision of annual auditing to establish if
the Harbour Authority is compliant with the requirements of the Port Marine Safety Code (PMSC).  The
scope of the audit includes a review of Harbour Authority performance against the standard laid out
within the latest edition of the Code.  Any aspects that do not comply with, or fully address, the
requirements of the Code will be identified, and recommendations for improvement will be made.  
2.2 Audit definitions and outcomes
The following definitions are used in the audit report: 
Non-compliance: is a failure to adhere to a legal requirement such as an Act, Order or its Regulations. 
The Port Marine Safety Code requires organisations to confirm compliance with the requirements of the
Code.  Therefore, Port Marine Safety Code audits are designed to test the requirements of the Code
with any failure to comply identified as a ‘non-compliance’.   
Non-conformity: is an opportunity for the management system to improve through the identification
of a requirement that is not met.  Non-conformities are not regulatory but relate to the port or harbour’s
own operational instructions which are not met or fully met.  Any non-conformities identified through
the audit process are identified in bold text in the report.   
Evidence: Non-compliances and Non-conformities are identified through factual evidence sampled
during the audit.   
2.2.1 Outcomes
The audit report uses the following outcomes: 
Non-Compliance: a non-compliance with the requirements of the Code which are a
breach of legal obligations or may compromise marine safety, environmental safety or
present a significant reputational risk. Recommendations for addressing non-
compliances are identified in red. 
Observation: refers to an improvement opportunity such as an update to information,
procedural change, or a non-conformity with local operating instructions.  Whilst
observations are defined as improvement opportunities, addressing them may improve
the overall system standard. Recommendations for addressing observations are
identified in yellow.   
Satisfactory: a system component that meets or exceeds the requirements of the Code. 
Items of best practice are identified in bold.   
Not applicable: part of the Code that is not relevant to the Organisation being audited.

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Port Marine Safety Code - Audit: Rothesay 2023    Argyll and Bute Council
ABPmer, January 2024, R.4357  | 4
2.3 Audit date and criteria
The audit was carried out onsite at Rothesay Harbour on 12 October 2023.  The latest version of the
PMSC, and the accompanying Guide to Good Practice (GtGP), has been used as the benchmarking
standard within Appendix A.  The audit tables also identify the paragraph numbers from the Code (DfT,
2016) and relevant sections of the Guide to Good Practice (DfT, 2018), for cross reference purposes.   
In addition, within Appendix B the Health and Safety Executive (HSE) publication L148 ‘Safety in Docks:
Approved Code of Practice and Guidance’ (ACOP) (HSE, 2014) and the Port Skills and Safety (PSS)
publications SIP 005 ‘Guidance on Mooring’ (PSS, 2019a) and SIP 014 ‘Guidance on Safe Access and
Egress’ (PSS, 2019b) have been used.  The Appendix tables to this report contain the test questions and
evidence, noting down compliance, non-compliance and observational remarks.  
2.4 Auditor
The following auditor conducted this audit.   
Team Member Initials Company, Designation
Monty Smedley MJS
ABPmer, Principal Maritime Consultant
Lead Auditor for Quality Management Systems (QMS ISO 9001)
Designed Person (PMSC) Argyll and Bute Council
2.5 Auditees
The following individuals participated in the audit.   
Team Member Initials Role/Designation
Allan Finlay AF Piers and Harbours – Technical Officer
Julie Hendry JH Marine Operations – Admin Officer
Peter Welsh PW Rothesay – Harbour Master
Scott Reid SR Marine Operations Manager

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Port Marine Safety Code - Audit: Rothesay 2023    Argyll and Bute Council
ABPmer, January 2024, R.4357  | 5
3 Audit Summary
Number Key Measures
Ten-Point ‘Health Check’   
1 Duty Holder 0 2 5
2 Designated Person 0 0 2
3 Legislation 0 2 6
4 Duties and Powers 0 9 37
5 Risk Assessment 0 2 5
6 MSMS 0 1 10
7 Review and Audit 0 0 4
8 Competence 0 3 2
9 Plan 0 0 3
10 Aids to Navigation 0 0 2
Total 0 19 76 
The summary presented in the above table identifies that, for the ten-point health-check, Argyll and
Bute Council as the Statutory Harbour Authority for Rothesay Harbour is found to be fully compliant
with the requirements of the Port Marine Safety Code.   
The following three areas of best practice were found during the audit: 
 Provision and maintenance of Aids to Navigation is recognised as an area of best practice with a
100% availability for Category 3 and 99.56% for Category 2 Aids.  
 Standard Operating Procedures (SOPs) are reviewed annual at Rothesay Harbour, with staff signing
acknowledgement that they have read and understood the content.  This is considered to be a best
practice approach as it provides individual tracking and accountability.  
 The Marine Safety Management System (MSMS) in Section 5.2 provides information Dynamic Risk
Assessment (DRA) and the requirements of the Council in DRA delivery.  At Rothesay Harbour,
pocket sized double-sided reporting cards are used to capture DRA risk outcomes; this is recognised
as an area of best practice.   
The PMSC audit identified 19 observations relating to improvement opportunities for management
consideration, the detailed findings being presented in Appendix A.  The following points identify the
more significant items: 
 Not all Councillors on the Harbour Board have attended Duty Holder training, the Marine Safety
Plan has an objective of 100% attendance.  It is recommended that members of the Harbour
Board who have not attend Duty Holder training, complete this training as soon as practical.
 All the assessments at Rothesay had the same revision date.  Staggering Marine Risk
Assessments reviews is considered best practice.  
 Whilst Council staff are actively engaged in risk assessment reviews, there is limited evidence of
wider stakeholder consultation and engagement in risk assessment reviews.  The experience
and knowledge of harbour users should be sought, and their engagement documented in the
risk assessments.

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Port Marine Safety Code - Audit: Rothesay 2023    Argyll and Bute Council
ABPmer, January 2024, R.4357  | 6
 Line managers are responsible for keeping records up to date, there is no assurance that a full
set of training records are held centrally.  It is recommended that a full internal audit/check of
certification against role is conducted.  This should confirm that all mandatory training is held,
or courses are booked, with certification held centrally.  
 The 1901 Byelaws are considered to be, for the most part, outdated.  Additionally, the level of
fine does not act as a deterrent.  Options are to replace with General Direction powers and/or
repeal and replace with a modernised byelaw set.  
 There is no SOP detailing how Special Directions are given or recorded by the Harbour Master,
relayed via LPS, or otherwise.    
 The Council does not have a formalised process for checking commercially operated Coded
vessels at its ports, harbours or piers.  It is recommended that the Council considers the
requirements of the GtGP (Section 11.3, 11.4) with respect to regulating third party commercial
workboats and launches within its area of jurisdiction and creates a registration scheme for
workboats using the Authority’s area. 
Marine operations and quayside checks were also carried out, three observations were identified, the
detailed findings being presented in Appendix B.   
 In the Inner Harbour, water egress from around the pontoons does not always meet the
requirement from the Approved Code of Practice (ACOP) ‘Safety In Docks’ (HSE, 2014) Section
219, which states a minimum spacing of 85 m for ladders with a means of support at intervals
of 30 m.  
 Bollards on the eastern end of the main pier (roundhead) and fish quay bollards were not
numbered nor were Safe Working Loads (SWL) identified.  
 The fish quay accommodates smaller vessels such as fishing boats and workboats where the
lines will run over the quay edge.  It may be useful to add chaffing rails or wooden protection
to the quay edge.

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Port Marine Safety Code - Audit: Rothesay 2023    Argyll and Bute Council
ABPmer, January 2024, R.4357  | 7
4 References
DfT, 2016.  Port Marine Safety Code, Department for Transport (DfT) a, November 2016. 
DfT, 2018.  A Guide to Good Practice on Port Marine Operations Prepared in conjunction with the Port
Marine Safety Code 2016, Department for Transport (DfT), February 2018. 
Health and Safety Executive (HSE), 2014.  ‘Safety in Docks: Approved Code of Practice and Guidance’
(ACOP)’, Publication L148. 
ISO 9001: Quality Management Systems.  International Organization for Standardization. 
MCA, 2022. Navigation: Vessel Traffic Services (VTS) and Local Port Services (LPS) in the United Kingdom.
Marine Guidance Note: MGN 401 (M+F) Amendment 3.  Maritime & Coastguard Agency, March 2022. 
Port Skills and Safety (PSS), 2019a.  Guidance on Mooring, SIP 005.  March 2019. 
Port Skills and Safety (PSS), 2019b.  Guidance on Safe Access and Egress, SIP 014.  September 2019.
4.1 Websites
https://www.argyll-bute.gov.uk/sites/default/files/2023-05/dp_contact_information3_abc.pdf 
https://www.argyll-
bute.gov.uk/moderngov/ieIssueDetails.aspx?IId=123876&PlanId=0&Opt=3#AI150723 
http://www.buteberthing.com/index.html 
https://www.argyll-bute.gov.uk/sites/default/files/2023-11/Marine%20Training%20Policy.pdf 
https://www.argyll-bute.gov.uk/roads-and-travel/marine-services/marine-safety-management-system 
https://www.gov.uk/government/publications/port-marine-safety-code-compliant-ports/port-marine-
safety-code-compliant-ports-list 
https://www.peelports.com/media/kmujrfju/cntm-02-22-general-directions-pilotage.pdf 
http://www.buteberthing.com/marina-user-guidance-notes.html 
https://www.argyll-bute.gov.uk/roads-and-travel/marine-services/rothesay-harbour 
https://www.argyll-bute.gov.uk/fees/22/piers

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5 Abbreviations/Acronyms
A&BC Argyll and Bute Council 
ACOP Approved Code of Practice and Guidance
ALRS Admiralty List of Radio Signals
AtoN Aid(s) to Navigation
CARP Critical Activity Recover Plan
CAT Category
CERS Consolidated European Reporting System
CFL CalMac Ferries Limited
CHA Competent Harbour Authority
DfT Department for Transport
DRA Dynamic Risk Assessment
FRA Formal Risk Assessment 
GLA General Lighthouse Authority
GtGP Guide to Good Practice on Port Marine Operations
HDPCA Harbour, Docks and Piers Clauses Act 1847
HRO Harbour Revision Order
HSE Health and Safety Executive
IMO International Maritime Organization
ISO International Organization for Standardization
ISPS International Ship and Port Facility
KPI Key Performance Indicator
LATON Local Aids to Navigation
LLA Local Lighthouse Authority
LOA Length Overall
LPS Local Port Service
LSE Lifesaving Equipment
M+F Merchant Shipping and Fishing Vessels
MAIB Marine Accident Investigation Branch
MARNIS Marine Risk Software Produced by ABPmer
MCA Maritime and Coastguard Agency
MGN Marine Guidance Notes
MSMS Marine Safety Management System
n/a Not Applicable
OPRC International Convention on Oil Pollution Preparedness, Response and Co-operation
PEC Pilotage Exemption Certificates
PFSP Port Facility Security Plan
PMSC Port Marine Safety Code
PSS Port Skills and Safety
QMS Quality Management System
RAMS Risk Assessment Method Statement
RATSA Railways and Transportation Safety Act
SAC Special Areas of Conservation
SEPA Scottish Environment Protection Agency 
SHA Statutory Harbour Authority
SIP Safety in Port
SOPs Standard Operating Procedures
SOSREP Secretary of State's Representative
SPA Special Protection Areas

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Port Marine Safety Code - Audit: Rothesay 2023    Argyll and Bute Council
ABPmer, January 2024, R.4357  | 9
SWL Safe Working Load
UK United Kingdom
UKHO United Kingdom Hydrographic Office
VHF Very High Frequency
VTS Vessel Traffic Service 
Cardinal points/directions are used unless otherwise stated. 
SI units are used unless otherwise stated.

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Appendices

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Port Marine Safety Code - Audit: Rothesay 2023    Argyll and Bute Council
ABPmer, January 2024, R.4357  | 11
A Detailed Audit Findings
A.1 PMSC Section 1 – Accountability for Marine Safety
PMSC / GtGP
Reference Subject Evidence Required
For Compliance Evidence of Compliance Recommendation Evidence
Reference Auditor
1.3-1.5 Duties and
Powers
Is the Organisation’s Duty
of Care for users of the
harbour, port of facility
stated?
Satisfactory – A&BC’s Marine Safety
Management System (MSMS), ‘Policies and
Statements’, Volume 1, revision 01, issued
November 2023.  The MSMS, Section 3.1
under National Legislation states: “Harbour
Authorities have a range of statutory and non-
statutory duties and powers relating to marine
operations. The Council has a Duty of
reasonable Care to its harbour users and will
ensure the safety at work of employees and
other persons who may be affected by the
Authority's activities as far as is reasonably
practicable to do so”.  Additionally, Section 10
‘Conservancy’ also states that: “There is a duty
to conserve a harbour so that it is reasonably
fit for use as a port, and a duty of reasonable
care to see that the harbour is in a fit condition
for vessels to use.” 
MJS_001 MJS  
Are local Acts and Orders
identified?
Satisfactory – the harbour authority has a
copy of its local legislation.  Local Acts and
Orders 1831 to 1983 include:   
 Rothesay Harbour Act 1831.  
 Rothesay Harbour Order 1867
 Rothesay Harbour Order 1882
 Rothesay Harbour Order 1898
 Rothesay Harbour Order 1908
 Rothsay Harbour Order Confirmation Act,
1937.
 Rothesay Harbour Revision Order, 1983.   
MJS_008
MJS_009
MJS_010
MJS  
Is the Harbour, Docks and
Piers Clauses Act (HDPCA)
1847 incorporated into local
Acts and Orders?  
Satisfactory – the HDPCA has been
incorporated, as referenced in the Section 3(2)
of the 1937 Act, to include the whole of the
HDPCA 1847, with the exception of Clauses 6-
13, 16-19, 23, 25, 26, 77-80, 84, 85, 95-101. 
MJS_008
MJS_009
MJS_010
MJS

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PMSC / GtGP
Reference Subject Evidence Required
For Compliance Evidence of Compliance Recommendation Evidence
Reference Auditor
1.6 – 1.7 The Duty Holder Has the organisation
appointed and confirmed
who the Duty Holder is?  
Satisfactory – A&BC has assigned the post
and accountability of the Duty Holder to the
Council’s Executive Director of Development
and Infrastructure Services.  The Harbour
Board retains responsibility for providing
policy direction to the officers of the
Authority.  An organisational structure is
provided the MSMS, Section 1.6.   
MJS_001 MJS
1.8 The Duty Holder Are the Duty Holder’s
responsibilities for
compliance with Code
defined?  
Satisfactory – the MSMS, Section 1.4 lists the
principal requirements of the Duty Holder.   
MJS_001 MJS
1.10 The Duty Holder Does the Duty Holder (and
Harbour Board members)
have a clear understanding
of the port’s marine
activities and MSMS?
Satisfactory – the Harbour Board and Duty
Holder receive information from officers of
the Authority, presented as technical reports
to Board Meetings.  Periodically the Harbour
Board and Duty Holder visit one of the
Councils ports, harbours or piers.  The last
Oban visit was on 24 September 2021.  The
Harbour Board were also invited to the
Campbeltown Emergency Response Exercise
in November 2021.  The MSMS is provided on
the Council’s website.   
Observation – the Council is encouraged to
arrange an opportunity in 2024 for the Duty
Holder and Board to visit one of the
Authority’s ports, harbours or piers.     
Recommendation – to provide awareness
of the Council’s ports, harbours and piers,
arrange an annual visit for the Duty Holder
and Board.  
MJS_001 MJS  
Has the Duty Holder
(Harbour Board members)
been provided with a clear
brief or training on their
role under the requirements
of the Code?
Satisfactory – six (of the eight) Councillors of
the Harbour Board, plus the Council’s
Executive Director of Development and
Infrastructure Services (as Duty Holder) have
attended training run on 05 September 2022.   
Observation – not all Councillors on the
Harbour Board have attended Duty Holder
training, the Marine Safety Plan has an
objective of 100% attendance.   
Recommendation – that members of the
Harbour Board who have not attend Duty
Holder training, complete this training as
soon as practical.    
MJS_011 MJS

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ABPmer, January 2024, R.4357  | 13
PMSC / GtGP
Reference Subject Evidence Required
For Compliance Evidence of Compliance Recommendation Evidence
Reference Auditor
1.11-1.12 The Designated
Person
Has the Harbour Authority
appointed an individual as
the Designated Person?  
Satisfactory – the Duty Holder has appointed
ABPmer to provide Designated Person
services, with Monty Smedley as the named
Designated Person.  This contract
commenced on 01 November 2021.  The
Designated Person’s contact details are
hosted on the Council’s website.     
https://www.argyll
-
bute.gov.uk/sites/
default/files/2023-
05/dp_contact_inf
ormation3_abc.pdf 
MJS  
Is the Designated Person’s
role explained in the
MSMS?
Satisfactory – the MSMS, Section 2.0 lists the
duties of the Designated Person.    
MJS_001 MJS
1.13 Chief Executive
[or equivalent]]
Have executive and
operational responsibilities
for marine safety been
clearly assigned?
Satisfactory – the MSMS, Section 1.6.1 lists
the responsibilities of the ‘Head of Roads and
Infrastructure Services’, and Section 1.6.2 lists
the responsibilities of the ‘Marine Operations
Manager’.     
MJS_001 MJS  
How is marine safety
funded within the
organisation?
Satisfactory – funding is identified and agreed
through the Council’s approvals process. 
Officers of the Authority have delegated
spending powers within their spending limits. 
All significant funding decision outside of
spending limits come to the Harbour Board,
officers of the Authority provide technical
input to Harbour Board decisions.   
n/a MJS
1.9, 
1.14 – 1.15
Harbour Master Have executive and
operational responsibilities
for marine safety been
clearly assigned?
Satisfactory – the MSMS, Section 2.5 states
that: “Harbour Masters and their Assistants are
appointed by the Harbour Authority to support
the Marine Operations Manager to develop the
team’s service plans by working in partnership
with colleagues (within and out with the
service) and by taking personal responsibility
for planning how these are delivered effectively
and efficiently”.  Section 1.6.4 lists specific
duties.  Additionally, the Council also appoints
Pier Masters in selected locations, the duties
of which are identified in Section 1.6.5.   
MJS_001 MJS

Page 19

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ABPmer, January 2024, R.4357  | 14
PMSC / GtGP
Reference Subject Evidence Required
For Compliance Evidence of Compliance Recommendation Evidence
Reference Auditor
Cont.   
1.9, 
1.14 – 1.15
Cont.   
Harbour Master
Does an officer with
responsibilities for marine
safety attend Board
meetings?
Satisfactory – three times a year, a report is
provided by the Executive Director with
responsibility for Roads and Infrastructure
Services; major issues are raised to the
Harbour Board.  Evidence from the Harbour
Board meeting of 31 August 2023 identifies
reports including the Oban Harbour Update,
Port Marine Safety Code Update, Piers and
Harbours marine asset management plan and
the Argyll and Bute Harbour Board Workplan.     
MJS_012
MJS_013 
https://www.argyll
-
bute.gov.uk/sites/
default/files/2023-
05/dp_contact_inf
ormation3_abc.pdf
MJS
1.16 – 1.17 The
Organisation’s
Officers
Does the MSMS provide
details of the organisation’s
Officers and their
responsibilities for marine
safety?
Satisfactory – the MSMS, Section 1.6.3 lists
the responsibilities of the Marine Technical
Officer, and Section 1.6.6 provides detail on
the Council’s Assistant Harbour Masters.     
MJS_001 MJS

Page 20

Port Marine Safety Code - Audit: Rothesay 2023    Argyll and Bute Council
ABPmer, January 2024, R.4357  | 15
A.2 PMSC Section 2 – Key Measures Needed to Secure Marine Safety
PMSC / GtGP
Reference Subject Evidence Required 
For Compliance Evidence of Compliance Recommendation Evidence
Reference Auditor
2.2 Further
guidance
Does the organisation
review any of the following:
 MAIB digest / reports
 MCA health check trends
Satisfactory – the MCA Health Checks trends
was included in the Designated Person’s
briefing note which was tabled at the
02 September 2021 Harbour Board meeting. 
Information from the MAIB and the BPA in the
former of safety circulars are distributed by
the Marine Operations Admin Officer. 
Evidence sighted.   
MJS_014 
https://www.arg
yll-
bute.gov.uk/mo
derngov/ieIssue
Details.aspx?IId
=123876&PlanI
d=0&Opt=3#AI
150723 
MJS
2.3 – 2.6 Review existing
powers
Does the Harbour Authority
have an understanding of
local legislation?
Satisfactory – the Harbour Authority has a list
of local Acts and Orders for Rothesay.   
MJS_008
MJS_009
MJS_010
MJS  
Are local Acts and Harbour
Orders referenced in
MSMS?
Satisfactory – the MSMS, Section 3.2, has a list
relevant local Acts or Orders.  Rothesay has
local copies.   
MJS_001 MJS  
Have the Harbour
Authority’s existing powers
been reviewed?
Satisfactory – the harbour acts have been
reviewed by A&BC lawyers. 
Recommendations for update have been
presented to the Council and a Harbour
Revision Order (HRO) consolidation process
initiated.  Evidence provided.   
MJS_015
MJS_016
MJS_017
MJS  
Is the organisation’s
jurisdiction mapped and
clear?
Satisfactory – the Harbour Authority has a list
of local Acts and Orders for Rothesay, plus a
map with the extent of the harbour limits
shown.   
Observation – the harbour limits on the chart
(Admiralty Chart Number 1867 ‘Firth of Clyde,
Hunterston Channel and Rothesay Sound’,
Rothesay Sound Panel A) does not match the
information held by Marine Scotland.  The
Rothesay Harbour Order 1867, Schedule 5,
Section 7 details the harbour limits.   
Recommendation – providing the
boundaries to the UK Hydrographic Office
including descriptions from the 1896 Act,
Sections 22 and 18 requesting update of
the harbour limits.  
MJS_018 MJS

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ABPmer, January 2024, R.4357  | 16
PMSC / GtGP
Reference Subject Evidence Required 
For Compliance Evidence of Compliance Recommendation Evidence
Reference Auditor
2.7 – 2.11 Use of Formal
Risk Assessment
(FRA)
Have risks associated with
marine operations been
assessed and a means of
controlling them deployed?
Satisfactory – the MSMS, Section 5 describes
the assessment methodology.  A set of 17 risk
assessments are in place for the harbour, all
assessments were in-date at the time of audit. 
Review dates were completed in August 2023. 
The hazard scenarios cover a range of
foreseeable eventualities based on current
harbour activities.  NS0003 for Vessel Wash
and NS0011 for Fire/Explosion reviewed in
detail.  Additionally, a set of 25 Occupational
Health and Safety Risk assessments are in
place and circulated to Pier Operatives.   
Observation – staggering review dates for
Marine Risk Assessments is considered best
practice.  All the assessments at Rothesay had
the same revision date.     
Recommendation – that a staggered
approach to risk assessment review is
adopted, on a cyclic basis, over the year.  
MJS_019
MJS_020
MJS_021
MJS  
How does the organisation
ensure those undertaking
marine risk assessment are
competent in the role?
Satisfactory – the Harbour Master has
undertaken a training course for marine risk
completed on 02 September 2019.  Certificate
sighted.   
MJS_022 MJS  
Are stakeholders included
in marine risk
review/assessments?
Satisfactory – risk assessments are conducted
with the active involvement of the Pier
Operatives.  Notes of stakeholder
engagement are recorded on individual risk
assessments.  Evidence seen from NS0003 for
Vessel Wash and NS0011 for Fire/Explosion.   
Observation – whilst Council staff are actively
engaged in risk assessment reviews, there is
limited evidence of wider stakeholder
consultation and engagement in risk
assessment reviews.     
Recommendation – the experience and
knowledge of harbour users should be
sought, and their engagement documented
in the risk assessments.  
MJS_020
MJS_021
MJS  
Does the MSMS prescribe
the review frequency for
risk assessments?
Satisfactory – the MSMS, Section 5.1.3 states
that: “Navigational risk assessments are
maintained for the main ports and harbours as
a minimum. The regular (annual) review of
these risk assessments and any new risk
assessments caused by operational changes
will identify new risks”.   
MJS_001 MJS

Page 22

Port Marine Safety Code - Audit: Rothesay 2023    Argyll and Bute Council
ABPmer, January 2024, R.4357  | 17
PMSC / GtGP
Reference Subject Evidence Required 
For Compliance Evidence of Compliance Recommendation Evidence
Reference Auditor
Cont. 
2.7 – 2.11
Cont. 
Use of Formal
Risk Assessment
(FRA)
Is a system of Dynamic Risk
Assessment (DRA) used?
Satisfactory – the MSMS, Section 5.2 provides
information on the DRA requirement.  The
Council has a DRA flowchart to aid decision
making.  At Rothesay, reporting cards are
used to capture DRA risk outcomes.  This is
recognised as an area of best practice.   
MJS_001
MJS_023
MJS_024
MJS_025
MJS
2.12-2.14 Implement a
MSMS
Is there an MSMS?  Does
this incorporate policies
and procedures?  The
MSMS must incorporate a
regular and systematic
review of its performance.
Satisfactory – A&BC’s Marine Safety
Management System (MSMS), ‘Policies and
Statements’, Volume 1, revision 01, issued
November 2023.  A revision history table is
included, with a draft noted as being issued in
January 2023.  The MSMS was approved by
the Harbour Board in August 2023.  The
MSMS, Section 7.1 under the sub-heading
‘periodic review’ identifies that: “Additional to
the above the Marine Safety Management
System will be reviewed and reissued by the
Marine Operations Manager every three years.” 
Standard Operating Procedures (SOPs) are
reviewed annual, with staff signing
acknowledgement that they have read and
understood the content.  This is considered
to be a best practice approach as it provides
accountability and tracking.   
MJS_001
MJS_051
MJS
2.15 Key
Performance
Indicators (KPIs)
Does the harbour authority
detail KPIs and/or make a
statement about
performance in the
organisation’s annual
report?
Satisfactory – A&BC’s key performance
indicators are detailed in the ‘Marine Safety
Plan’ as measured objectives.  The MSMS,
Section 9.1 provides information on active
and reactive system measurements.   
MJS_001
MJS_007
MJS
2.16 MSMS assigning
responsibility
Does the MSMS explicitly
assign responsibility for
appropriate
safety/conservancy
matters?
Satisfactory – the MSMS, Section 1.6 ‘Marine
Operational Management Structure’ details
the assignment of responsibility to key
officers of the Authority.   
MJS_001 MJS

Page 23

Port Marine Safety Code - Audit: Rothesay 2023    Argyll and Bute Council
ABPmer, January 2024, R.4357  | 18
PMSC / GtGP
Reference Subject Evidence Required 
For Compliance Evidence of Compliance Recommendation Evidence
Reference Auditor
2.17 MSMS
Consultation
Are forum/consultation
meetings held? 
Satisfactory – the ‘Navigational Safety,
Pilotage and Towage Policy’ states that Argyll
and Bute Council will: “Consult widely with
port and other relevant stakeholders in respect
of navigational safety issues.”  At Rothesay, a
harbour user six monthly meeting is held, with
attendance from CalMac, Bute Berthing
Company and other local stakeholders.   
Observation – the MSMS does not provide
information on stakeholder engagement
processes.   
Recommendation – a section addressing
stakeholder consultation is added the
MSMS.  
MJS_002
MJS_039 
http://www.bute
berthing.com/in
dex.html
MJS
2.18 Competence
standards
Are personnel qualified and
trained for their marine
safety role?   
Satisfactory – training records are held
centrally, in a MS Excel sheet titled ‘Training
Matrix July 2022’.  The training matrix
identifies dates training was completed for
each member of staff.  The MSMS, Section 8.1
states: “The Marine Operations Department
shall maintain a training matrix for all staff
and the respective line managers are
responsible for keeping it up-to-date. The
training matrix and training records is held and
maintained centrally”.   Induction records
sampled for Rothesay staff.   
Observation – it is not clear what the terms
‘Essential’ and ‘Required’ mean on the matrix. 
Observation – whilst line managers are
responsible for keeping records up to date,
there is no assurance that a full set of training
records are held centrally.   
Recommendation – provide definitions for
the terms used on the matrix for the
avoidance of doubt.   
Recommendation – a full internal
audit/check of certification against role is
conducted.  This should confirm that all
mandatory training is held, or courses are
booked, with certification held centrally.  
MJS_001
MJS_026
MJS_027
MJS

Page 24

Port Marine Safety Code - Audit: Rothesay 2023    Argyll and Bute Council
ABPmer, January 2024, R.4357  | 19
PMSC / GtGP
Reference Subject Evidence Required 
For Compliance Evidence of Compliance Recommendation Evidence
Reference Auditor
Cont.   
2.18
Cont.   
Competence
standards
Is there a policy on
revalidation or maintenance
of qualifications in place?
Satisfactory – a Marine Training Policy is in
place, dated v1 August 2023, and available for
download from the A&BC website.  The
Marine Operations Admin Officer maintains a
central record of training.  Individual staff are
identified with dates of training and
certification held in day/month/year format.   
Observation – the training records do not
clearly record, date taken and expiry date for
qualifications   
Recommendation – adding date taken and
expiry date (named columns) to training
records.  
MJS_003 
https://www.arg
yll-
bute.gov.uk/site
s/default/files/2
023-
11/Marine%20T
raining%20Polic
y.pdf 
MJS
2.19 – 2.22 Incident
reporting and
investigation
Does the MSMS identify
the organisation’s
instruction regarding:
 reporting
 recording of incidents
 investigation
 enforcement (if relevant). 
Satisfactory – the MSMS Section 4.5 details
the process to follow should an incident
occur; this addresses investigation and
reporting.  A review of recent incidents
identifies that all incidents held in MARNIS
were closed and actioned, the following
provides a summary of total per year: 
 5 incidents - 2023
 4 incidents - 2022
 3 incidents – 2021
 2 incidents – 2020
 2 incidents – 2019  
MJS_001
MJS_029
MJS_030
MJS
GtGP 13.2 Incidents
involving Death
or Crime
Are procedures in place for
incidents involving death or
crime?
Satisfactory – the MSMS, Section 4.6 details
actions to be taken in the event of death or
crime.  Information from the yacht ‘Nightjar’
evidenced regarding the involvement of the
Police to investigate a skipper operating
under the influence of drink or drugs.     
MJS_001
MJS_030 
Anecdotal
MJS
GtGP 13.9 Incident
publication
Does the Harbour Authority
disseminate information
from accident
investigations?
Satisfactory – the MSMS, Section 4.8 details
statutory reporting requirements, incident
reports are distributed to the Scottish
Environment Protection Agency (SEPA) and
the MCA.  The last oil pollution incident
reported to SEPA was 14 November 2021.   
MJS_001 
Anecdotal
MJS
2.23 Incident
statutory
reporting
Are procedures for
reporting incidents to the
MAIB in place?
Satisfactory – the MSMS, Section 4.8 details
statutory reporting requirements, including
the Marine Guidance Note (MGN) 564
‘Incident reporting and investigation’.  There
have been no MAIB reportable incidents
within A&BC’s SHA since MARNIS records
commenced in 2017.   
MJS_001 MJS

Page 25

Port Marine Safety Code - Audit: Rothesay 2023    Argyll and Bute Council
ABPmer, January 2024, R.4357  | 20
PMSC / GtGP
Reference Subject Evidence Required 
For Compliance Evidence of Compliance Recommendation Evidence
Reference Auditor
2.24 Monitoring
performance
and auditing
Has the MSMS been
subject to audit (internal
and/or external)?
Satisfactory – the last external audit of the
MSMS was conducted in September 2022 at
Oban (North Pier).  The MSMS, Section 7.2
and 7.3 detail the audit process for A&BC.     
MJS_001
MJS_031
MJS
2.25 Enforcement Are local officers aware of
enforcement powers and
responsibilities?
Satisfactory – the MSMS, Section 4.9 provides
the enforcement procedure.   
MJS_001 MJS  
Is there a policy on
enforcement and
prosecution in place?
Satisfactory – A&BC publish an Enforcement
and Prosecution policy, as version 1, dated
August 2023.    
MJS_004 MJS
2.26 Publication of
plans and
reports
Does the organisation
commit itself to developing
policies and procedures to
satisfy the requirements of
the Code? 
Satisfactory – this requirement is evidenced
through the publication of Navigational
Safety, Pilotage and Towage Policy’ and its
Marine Safety Plan, published on A&BC’s
website. 
https://www.arg
yll-
bute.gov.uk/roa
ds-and-
travel/marine-
services/marine-
safety-
management-
system 
MJS
2.27 Plan assessment Is an assessment of the
organisation’s performance
against the plan published?
Satisfactory – the Marine Safety Plan contains
an assessment of the previous plan.   
MJS_007 MJS
2.28 Safety plan for
marine
operations
Is a ‘Safety Plan for Marine
Operations’ published
(every three years).   
Satisfactory – a signed and issued ‘Marine
Safety Plan’ approved by the Harbour Board
on 04 March 2021 is hosted on the A&BC’s
website.  The plan covers the years 2021 to
2023.   
MJS_007 MJS
2.29 Consensus Has the Harbour Board
maintained consensus with
harbour users?
See response in this Audit report, Section 2.17
on Consultation.     
n/a MJS

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Port Marine Safety Code - Audit: Rothesay 2023    Argyll and Bute Council
ABPmer, January 2024, R.4357  | 21
PMSC / GtGP
Reference Subject Evidence Required 
For Compliance Evidence of Compliance Recommendation Evidence
Reference Auditor
2.30 – 2.32 Monitoring
compliance
Has the Harbour Authority
confirmed compliance with
the PMSC for the port to
the MCA within the last
three years?
Satisfactory – the Council wrote to the MCA
on 10/03/21 to confirm its current state of
compliance with the Code.  Letter evidenced. 
The DfT list of ports reporting compliance
does not include A&BC ports, harbours or
marine facilities.  This position has been taken
by the DfT, guided by the MCA, as the Council
has confirmed it was not (at that time) fully
compliant with the requirements of the Code. 
At the time of writing the letter the Council
was working towards full compliance in a
number of key areas, including: legislation
review, policy review, MSMS documentation
and creation of Standard Operating
Procedures (SOPs). 
MJS_032 
https://www.go
v.uk/governmen
t/publications/p
ort-marine-
safety-code-
compliant-
ports/port-
marine-safety-
code-
compliant-
ports-list 
MJS
GtGP 2.2.3
(also, Code
Executive
Summary)
Monitoring
compliance
Has the Harbour Authority
confirmed all organisations
with its jurisdiction comply
with the requirements of
the Code?
Satisfactory – there are no other
Organisations within the Rothesay SHA area
owning marine facilities.  The Bute Berthing
Company facilities are owned and maintained
by the Council.   
n/a MJS

Page 27

Port Marine Safety Code - Audit: Rothesay 2023    Argyll and Bute Council
ABPmer, January 2024, R.4357  | 22
A.3 PMSC Section 3 – General Duties and Powers
PMSC / GtGP
Reference Subject Evidence Required 
For Compliance Evidence of Compliance Recommendations Evidence
Reference Auditor
3.1 – 3.4 Safe and
Efficient Port
Operations
Does the Duty Holder have
regard to efficiency,
economy and safety of
operation in respect to the
services and facilities
provided?
Satisfactory – the MSMS, Section 9.0 ‘Marine
Safety Plan’ outlines the requirements from
the Code and points to the ‘Marine Safety
Plan’ to deliver this requirement.   
Observation – the Marine Safety Plan does not
specifically mention ‘safe and efficient
port/marine operations’, however, the items in
the plan identify key performance indicators
required to achieve this.   
Recommendation – that the Marine Safety
Plan has wording added at its next revision,
to confirm how the Council delivers the
requirement for delivering ‘safe and
efficient port/marine operations’.  
MJS_001
MJS_007
MJS
3.5 Open port duty Is the port or harbour
subject to Open Port Duty’?
Satisfactory – Rothesay Harbour has an Open
Port Duty under Section 33 of the ‘Harbours,
Docks and Piers Clauses Act 1847’.  This is
included in the ‘Rothesay Harbour Order
Confirmation Act, 1937’, Section 3(2).   
MJS_009 MJS
3.6 – 3.6 Conservancy
duty
How does the harbour
authority conserve the
harbour?:
 Survey as necessary
 Place navigation marks
 Keep ‘vigilant watch’ for
any seabed changes
 Keep hydrographic
records
 Ensure hydrographic
information is published
 Update UKHO.  
Satisfactory – the MSMS, Section 10.0
providing information on the Council’s
approach to conservancy.  This includes
conservancy duty, hydrographic survey policy,
dredging, Aids to Navigation (AtoN), wreck
removal, dangerous vessels and licensing
marine works.  The MSMS, Section 10.1 details
hydrography, with the last bathymetric survey
was conducted on 28 April 2021.  Information
was passed by the survey contractor to UKHO,
evidence seen.   
MJS_001
MJS_033
MJS
3.7 Updates
provided to
UKHO
Does the organisation have
an Agreement with UKHO,
and/or do they provide
survey information to
UKHO?
Satisfactory – a bilateral agreement between
A&BC and the UKHO is in place, dated
17 March 2017.   
MJS_034 MJS

Page 28

Port Marine Safety Code - Audit: Rothesay 2023    Argyll and Bute Council
ABPmer, January 2024, R.4357  | 23
PMSC / GtGP
Reference Subject Evidence Required 
For Compliance Evidence of Compliance Recommendations Evidence
Reference Auditor
GtGP 1.9.11,
and 7.8
Licensing,
Regulating
Harbour Works
and Dredging?
Does the harbour authority
have the power to licence
works?  
Satisfactory – there is no evidence that A&BC
as Harbour Authority at Rothesay has any
powers to licence third party marine works
under its local Acts and Orders.  The ‘Rothesay
Harbour Order Confirmation Act, 1937’,
Section 5 provides powers to ‘make and
maintain’ the works detailed in the Act. 
Mooring licences are required for individual
and commercial moorings, via the Crown
Estate, with navigation consent required from
A&BC as the SHA.   
MJS_009
MJS_052
MJS_053
MJS_054
MJS
3.8 Environmental
duty
Does the Organisation
understand its obligations:
 Nature conservation
Section 48A of Harbours
Act 1964
 Obligations for SPA, SACs
under Habitat Regs.  
 the Nature Conservation
(Scotland) Act 2004
Satisfactory – the MSMS, Section 3.1 lists
National legislation, including several Acts
relating to Environmental Duties.  These
requirements are delivered through the
Harbour’s services, including the Local Port
Service (LPS) which monitors and advises
vessel Masters and members of the public. 
A&BC also issue a ‘Marine Conservancy and
Hydrographic Policy’, Version1, issued August
2023 which has intrinsic links to
environmental duties.  Information regarding
Rothesay and its local habitat is contained in
the Oil Pollution Response plan.   
MJS_001
MJS_005
MJS_035
MJS
3.9 Civil
Contingency
Duty 
Does the MSMS include
reference to the Harbour
Authority’s obligations as a
Category 2 responder? 
Satisfactory – the MSMS includes reference to
Civil Contingency duties within supporting
port, harbour and pier Annexes.   
MJS_001 MJS
GtGP 6.2.4,
6.5
Emergency
Planning /
Pollution
control
Does the MSMS include
emergency planning and oil
pollution response?
Satisfactory – an Oil Pollution Response Plan
is in place, which was approved by the MCA
on 04 December 2018 and is valid until the
27 November 2023.  The annual OPRC return
form was evidenced.  A&BC maintain a Critical
Activity Recover Plan (CARP) which
incorporates the Council’s Civil Contingency
duties.  Rothesay has an emergency plan.   
MJS_035
MJS_036
MJS  
Does the port/harbour carry
out emergency plan
exercises?
Satisfactory – a training exercise for oil
pollution was carried out for A&BC in
Campbeltown on 23 November 2021, as
operation ‘Smerby’.  Evidence provided.  In
Rothesay, exercise ‘Mount Stuart’ was run in
September 2023 as a multi-agency emergency
response test.  Post exercise report provided.    
MJS_037
MJS_038
MJS

Page 29

Port Marine Safety Code - Audit: Rothesay 2023    Argyll and Bute Council
ABPmer, January 2024, R.4357  | 24
PMSC / GtGP
Reference Subject Evidence Required 
For Compliance Evidence of Compliance Recommendations Evidence
Reference Auditor
3.10 – 3.11 Harbour
Authority
Powers review
Has the Harbour Authority
reviewed its powers?
See the audit report response in Section 2.3 –
2.6.   
n/a MJS
3.12 – 3.14 Revising Duties
and Powers
Evidence of Harbour
Revision Orders, or Harbour
Closure.  
Satisfactory – the last HRO was made in 1983,
a HRO to consolidate the harbour is planned. 
MJS_010 MJS

Page 30

Port Marine Safety Code - Audit: Rothesay 2023    Argyll and Bute Council
ABPmer, January 2024, R.4357  | 25
A.4 PMSC Section 4 – Specific Duties and Powers
PMSC / GtGP
Reference Subject Evidence Required 
For Compliance Evidence of Compliance Recommendations Evidence
Reference Auditor
4.2 Appointment of
Harbour Master
Is there a Harbour Master
appointment for the port?
Satisfactory – a letter of appointment as the
Rothesay Harbour Master is held, date of
appointment 02 May 2022.    
MJS_042 MJS
4.3 – 4.5 Byelaws Does the organisation have
powers to make Byelaws,
are these published?
Satisfactory – under the ‘The Rothesay
Harbour Act and Orders 1831 to 1898’,
Byelaws are issued as the ’09 July 1900 and
11 February 1901’.  The Byelaws were
confirmed as extant by the ‘Rothesay Harbour
Revision Order, 1983’.   
MJS_041 MJS  
Date of last byelaw review? Satisfactory – the Byelaws were issued in 1901
and are the current set of Regulations.   
Observation – the Byelaws are considered to
be, for the most part, outdated.  Additionally,
the level of fine would not act as a deterrent.   
Recommendation – in their current form,
byelaws are (largely) obsolete and the level
of fine does not act as a deterrent.  Options
are to replace with General Direction
powers and/or repeal and replace with a
modernised byelaw set.  
MJS_041 MJS
4.6 – 4.7 Special
Directions
Are the Harbour Master’s
powers of Direction shown
in the MSMS, how is
delegation identified?
Satisfactory – the MSMS, Section 5.1.1, details
the use of Special Direction stating: “Special
directions – may be given by the harbour
master, deputies or their assistants: these
directions are time and vessel specific and are
apt for operational purposes of short duration
and for emergencies”.   
Observation – there is no SOP detailing how
Special Directions are given or recorded by
the Harbour Master, relayed via LPS, or
otherwise.     
Recommendation – an SOP for the use of
Special Directions is drafted and agreed. 
This should detail the giving of the
direction and its recording.    
MJS_001 MJS
4.8  General
Directions
Are the powers of General
Directions available to the
Harbour?
Not applicable – powers of General Direction
are not available.   
n/a MJS
4.9 Harbour
Directions
Are Harbour Directions
used and published?
Not applicable – Harbour Directions have not
been applied for.   
n/a MJS

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Port Marine Safety Code - Audit: Rothesay 2023    Argyll and Bute Council
ABPmer, January 2024, R.4357  | 26
PMSC / GtGP
Reference Subject Evidence Required 
For Compliance Evidence of Compliance Recommendations Evidence
Reference Auditor
4.10
GtGP 6.4
Dangerous
Vessels
Does the MSMS (or other
plan) make provision for
giving directions to
dangerous vessels?
Satisfactory – the Harbour Master has powers
under the Dangerous Vessels Act 1985.  This is
listed in the MSMS, Section 3.1 under
‘National Legislation’.     
Observation – information relating to the
expected action for the Harbour Master in
respect of a dangerous vessel should be laid
out as a procedure.   
Recommendation – the creation of a
Standard Operating Procedure based
around actions a Pier or Harbour Master
should take in respect of a dangerous
vessel.  
MJS_001 MJS  
Is the role of the Secretary
of States' Representative
for Maritime Salvage and
Intervention (SOSREP)
acknowledged?
Satisfactory – the MSMS, Section 4.4.3 details
the role of the SOSREP.   
MJS_001 MJS
GtGP 6.2 Dangerous
Substances
Are there clear
requirements for
declaration of dangerous
goods/substances? 
Satisfactory – the MSMS, Section 4.4.4 details
the entry and control of dangerous goods and
substances in the harbour.  The Council’s
website contains reporting forms for
‘Dangerous Good Notification Procedures’.  At
Rothesay, CalMac (as ferry operator) manages
the dangerous goods notification process at
the ferry terminal with A&BC as the harbour
operator provided with summary information.    
MJS_001 
https://www.arg
yll-
bute.gov.uk/roa
ds-and-
travel/marine-
services/marine-
safety-
management-
system 
MJS
GtGP 8.4 Vessel Traffic
Management
Is vessel traffic managed
within the port area, how is
this achieved? 
Satisfactory – vessel traffic is monitored and
managed through: 
 Visual observation and communications by
Very High Frequency (VHF), phone and
email.  
 Traffic light signals for the control of craft
from the Inner Harbour and Marina. 
 LPS watch office, staffed by Port Operatives.
 LPS log used to record harbour activity.   
MJS_043
MJS_044 
Observational
MJS  
Is vessel traffic monitoring
information passed to the
MCA by the quickest
means?  
Satisfactory – the Council has a CERS login,
evidence of a completed CERS logbook
provided for the ‘Hebridean Princess’ on
09 March 2023 seen.     
MJS_033 MJS

Page 32

Port Marine Safety Code - Audit: Rothesay 2023    Argyll and Bute Council
ABPmer, January 2024, R.4357  | 27
PMSC / GtGP
Reference Subject Evidence Required 
For Compliance Evidence of Compliance Recommendations Evidence
Reference Auditor
Cont. 
GtGP 8.4
Cont. 
Vessel Traffic
Management
Has the need for VTS/LPS
been reviewed recently?  
Satisfactory – the current method of vessel
traffic management has been arranged to
meet the demands of harbour use.  The
harbour is staffed during winter between
05:45 - 21:45 hrs, using a two-watch system. 
Every day except Christmas Day and New
Year’s Day (an on-call duty process is used out
of hours).   
MJS_007 
Observational
MJS
GtGP 13.2.2 Drink and drugs Do staff know what to do if
they suspect that a mariner
(master, pilot, seaman) has
committed an offence
whilst on duty? 
Satisfactory – the MSMS, Section 3.1
references the Railways and Transportation
Safety Act (RATSA) 2003.  The Council has a
Drink and Drugs Policy for its own staff.   
Observation – there is no specific instruction
on the actions to take if a professional
mariner is suspected of a drink or drugs
offence when on duty.   
Recommendation – the creation of an SOP
or procedure to inform the Authority’s
officers of their expected action for a drink
or drugs offence under the RATSA 2003.  
MJS_001 MJS
4.11 
GtGP 9.0
Pilotage Is the port a CHA? Not applicable – the Organisation is not a
Competent Harbour Authority.   
n/a MJS  
Has the requirement for
pilotage been reviewed?
Satisfactory – A&BC’s harbour operation at
Rothesay has large commercial CalMac ferries,
which routinely operate with a PEC holder
onboard for movement through Peel Port’s
Clydeport CHA.  Clydeport is the CHA for the
wider area, which includes Rothesay Harbour.   
https://www.pee
lports.com/medi
a/kmujrfju/cntm
-02-22-general-
directions-
pilotage.pdf 
MJS
4.12
GtGP 9.4
Pilotage
Directions
Are Pilotage Directions
issued?
Not applicable – the Organisation is not a
Competent Harbour Authority.   
n/a MJS
4.12
GtGP 9.4
Pilotage
Directions
Were stakeholders
consulted during the
drafting phase of the most
recent Pilotage Direction?
Not applicable – the Organisation is not a
Competent Harbour Authority.   
n/a MJS
4.13 
GtGP 9.4
Authorisation of
pilots
Is the process for
appointing Pilots
referenced in the MSMS?  
Not applicable – the Organisation is not a
Competent Harbour Authority.   
n/a MJS
4.14
GtGP 9.4.31
Pilot Training Does the CHA implement
the International Maritime
Organisation (IMO)
resolution A960? 
Not applicable – the Organisation is not a
Competent Harbour Authority.   
n/a MJS
GtGP 9.5.43 Pilotage Does the authority operate
an effective Pilot Fatigue
Management System?
Not applicable – the Organisation is not a
Competent Harbour Authority.   
n/a MJS

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Port Marine Safety Code - Audit: Rothesay 2023    Argyll and Bute Council
ABPmer, January 2024, R.4357  | 28
PMSC / GtGP
Reference Subject Evidence Required 
For Compliance Evidence of Compliance Recommendations Evidence
Reference Auditor
4.15 – 4.16
GtGP 9.5
Pilot Exemption
Certificates 
Is a clear process for the
issuing of PECs published?
Not applicable – the Organisation is not a
Competent Harbour Authority.   
n/a MJS  
Are the requirements
equivalent to those for an
authorised pilot?
Not applicable – the Organisation is not a
Competent Harbour Authority.   
n/a MJS
GtGP 8.7.15 –
8.8.10
Port Passage
Plan
Is there a published
passage plan?
Satisfactory – information is included in the
Admiralty List of Radio Signals (ALRS),
Volume 6, the Reeds Nautical Almanac and
Marina Guide and the Port of Scotland
publication.  Port entry information is also
available on the Bute Berthing Company
website.   
Observation – information in ALRS Volume 6
for Rothesay has email contact details which
are out of date.   
Observation – the harbour chart (Admiralty
Chart Number 1867 ‘Firth of Clyde,
Hunterston Channel and Rothesay Sound’,
Rothesay Sound Panel B) has a pontoon
shown between the West Arm and shore
marked ‘visitor pontoon’.  This pontoon was
not evident during the audit.   
Recommendation – reviewing ALRS
Volume 6 for Rothesay and advise UKHO of
any updates.   
Recommendation – reviewing the charted
information on Admiralty Chart Number
1867 and advising the UKHO if there are
any features to update.  
MJS_048
MJS_049
MJS_050 
http://www.bute
berthing.com/m
arina-user-
guidance-
notes.html 
MJS
GtGP 8.10 Recreational
navigation
Are recreational users of
the harbour considered?
Satisfactory – information is published on
A&BC’s website, and also on the port entry
information shown by the Bute Berthing
Company.   
https://www.arg
yll-
bute.gov.uk/roa
ds-and-
travel/marine-
services/rothesa
y-harbour
MJS
4.17 – 4.20 Collecting Dues Are dues clearly defined? Satisfactory – charges (including dues) are laid
out on the Council’s website.  The process for
setting charges uses a benchmarking exercise
with other local ports.  Charges are increased
at the rate of inflation.   
https://www.arg
yll-
bute.gov.uk/fee
s/22/piers 
MJS

Page 34

Port Marine Safety Code - Audit: Rothesay 2023    Argyll and Bute Council
ABPmer, January 2024, R.4357  | 29
PMSC / GtGP
Reference Subject Evidence Required 
For Compliance Evidence of Compliance Recommendations Evidence
Reference Auditor
4.21-4.23 Aids to
Navigation
Are defects and
rectification of defects
recorded?
Satisfactory – as the Local Lighthouse
Authority (LLA) the following Aids to
Navigation are maintained: 
 2 fixed red lights (vertical) on the West Arm.
 1x fixed green-green-white (vertical) or 3x
fixed red-red-red (vertical) traffic control
lights on Albert Pier. 
https://www.arg
yll-
bute.gov.uk/fee
s/22/piers
MJS
4.24 GLA returns Are returns made to the
GLA?
Satisfactory – the LATON three-year return for
A&BC identifies the availability return values
for the period April 2020 to April 2023 as: 
 Cat 2 = 99.56% (target is 99.0%)
 Cat 3 = 100% (target is 97.0%) 
Provision and maintenance of Aids to
Navigation is recognised as an area of best
practice.   
MJS_040 MJS
4.25-4.32 Wrecks,
Abandoned or
unserviceable
vessels
Does the MSMS refer to
powers for dealing with
wrecks?
Satisfactory – the MSMS, Section 10.4
addresses wrecks within the Conservancy
section and with respect to marking of wrecks. 
The most recent incident was a fishing vessel
in the Outer Harbour in circa 2015.    
MJS_001 
Anecdotal
MJS
GtGP
9.4.17 -9.4.21 
Pilot Launches  Do pilot boats meet
statutory requirements and
appropriate Codes?
Not applicable – the Organisation is not a
Competent Harbour Authority and therefore
has no requirement to operate a pilot boat.   
n/a MJS
GtGP - 10 Towage
Operations
Does the organisation
produce towage
guidelines?
Satisfactory – towage is commented on in the
‘Navigational Safety, Pilotage & Towage
Policy’.  Evidence of pre-notification Risk
Assessment Method Statement (RAMS) for
21 January 2021, signed by the Harbour
Master seen as evidence.   
Observation – there is no procedure for
dealing with towage (either routine or non-
routine) at other A&BC ports, harbours or
piers.   
Recommendation – drafting of appropriate
towage guidelines for all A&BC ports,
harbours and piers.  
MJS_002 
Observational
MJS  
Is there a process for
approving towage
providers?
Not applicable – there are no towage
providers at Rothesay Harbour, the nearest
providers being in Clydeport.   
n/a MJS  
Are non-routine tows pre-
approved / managed by
the organisation?
Satisfactory – towage is commented on in the
‘Navigational Safety, Pilotage & Towage
Policy’.   
MJS_001 MJS

Page 35

Port Marine Safety Code - Audit: Rothesay 2023    Argyll and Bute Council
ABPmer, January 2024, R.4357  | 30
PMSC / GtGP
Reference Subject Evidence Required 
For Compliance Evidence of Compliance Recommendations Evidence
Reference Auditor
GtGP 1.9.11 Licensing
Harbour Tugs?
Does the harbour authority
have the power to licence
tugs?  
Not applicable – there are no known powers
to licence tugs.   
n/a MJS
GtGP - 10.4 Diving
Operations
(commercial)
Is there a process for
managing commercial
diving?
Satisfactory – a ‘Permission to Dive Permit’ for
210 October 2023 was evidenced.   
MJS_047 MJS
GtGP - 10.4 Diving
Operations
(recreational)
Is there a process for
managing recreational
diving?
Not applicable – there is no history of
recreational diving.   
n/a MJS
GtGP - 6.7.3 Hot Work
Permits
Is there a process for
managing Hot Works?  
Satisfactory – a ‘Marine Department Hot Work
Permit – Ship’ for 26 July 2023 was evidenced.   
MJS_045
MJS_046
MJS
GtGP – 6.7.3 Bunkering Is there a process for
managing Bunkering?  
Satisfactory – CalMac ferries do not bunker at
Rothesay, this occurs at Wemyss Bay.  Fishing
vessels bunker by road tanker.   
Observation – third parties bunker check lists,
nor any delivery/receipt of fuel is not retained
by the harbour.   
Recommendation – the Harbour Authority
should retain bunkering check lists.  
n/a MJS
GtGP – 11.3,
11.4
Regulation of
Port Craft, Pilot
Launches and
Workboats
Does the Authority have a
procedure for regulating
port craft?
Satisfactory – for vessels using the Inner and
Outer Harbour, checks are made as part of the
booking process operated by LPS.   
Observation – the Council does not have a
formalised process for checking commercially
operated Coded vessels.   
Recommendation – the Harbour Authority
considers the requirements of the GtGP
(Section 11.3, 11.4) with respect to
regulating third party commercial
workboats and launches within its area of
jurisdiction and creates a registration
scheme for workboats using the Authority’s
area.
MJS_001 MJS

Page 36

Port Marine Safety Code - Audit: Rothesay 2023    Argyll and Bute Council
ABPmer, January 2024, R.4357  | 31
B Quayside Check
Visual observation of Rothesay Harbour Pier and Dockside during the site visit on the 12 October 2023.   
B.1 Quayside Check
Reference Subject Evidence Required 
For Compliance Observation Recommendations Auditor
PMSC 3.0
GtGP 8.11.19
ACOP 207-208
SIP 014
Access Is the quayside and its access
locations clear of debris and
obstructions?
Satisfactory – the Pier Head, Docks and slipways,
plus the marina pontoons were free from debris
and trip hazards.   
MJS
Pedestrian/Disabled access for
passengers or leisure users?
Satisfactory – walkways were clearly marked for
pedestrians to access the ferry terminal; walkways
were delineated from vehicle parking areas.   
MJS
Is the type and condition of
quayside surface appropriate
to the operation?
Satisfactory – the marina pontoons, quayside and
pier surface accessible to the public (some areas
were restricted) is appropriate to its intended use.   
MJS
ACOP 211-223
SIP 014
Rescue and
Lifesaving
equipment (LSE) at
the water’s edge
Is there appropriate means of
egress from the water?
Satisfactory – the dockside and pier had
appropriately spaced LSE.  Some of the water
egress points were built into the dockside
infrastructure.   
Observation – in the Inner Harbour, water egress
from the pontoons does not always meet the
requirement stated in the ACOP, Section 219, which
states a minimum spacing of 85 m for ladders with
a means of support at intervals of 30 m.  See Image
B1.   
Recommendation – the marina pontoons and
dockside egress ladders are compared against
the ACOP to determine if more egress points are
needed.  
MJS
Is there appropriate LSE at
quay edge?
Satisfactory – Life saving equipment (life rings)
were installed at the pier, dockside and marina
pontoons.   
MJS
SIP 005 Bollards and
securing
equipment
Does the general condition of
bollards appear to be in good
order?
Satisfactory – the bollards along the outer pier are
(visually) in good condition.  The marina pontoons
have cleats and small sets of bollards.   
Observation – the eastern end of the main pier
(roundhead) and fish quay bollards were not
numbered, or Safe Working Loads (SWL) identified.
See Image B2.     
Recommendation – bollards and bits are
inspected, numbered and SWL added.  
MJS

Page 37

Port Marine Safety Code - Audit: Rothesay 2023    Argyll and Bute Council
ABPmer, January 2024, R.4357  | 32
Reference Subject Evidence Required 
For Compliance Observation Recommendations Auditor
SIP 005 Fenders Is the fendering appropriate to
the vessel being handled?
Satisfactory – fendering on the Pier is vertical
rubber sections on timber, the condition of which is
considered to be good from visual observation.  In
other areas, the fendering is wood vertical sections
with some tyres used for fishing vessels and
workboat berths.   
MJS
Is the condition of the
fendering in good order?
Satisfactory – fitted fendering was observed to be
in serviceable condition.     
MJS
Are chaffing plates used? Satisfactory – chaffing plates and/or wood sections
are not used on the Pier.  This is not considered
necessary for the ferry berth, given the type and
size of vessel and lead angle.   
Observation – the fish quay accommodates smaller
vessels such as fishing boats and workboats where
the lines will run over the quay edge.   
Recommendation – that consideration is given to
adding chaffing protection to the fish quay.    
MJS
ACOP 232-235
SIP 005
SIP 014
Lighting Is lighting appropriate and
appear to be in compliance
with ACOP ‘safety in docs’ and
the PFSP?  
Satisfactory – there is ample lighting around all
berths at the Pier and Pontoons (note, quayside
checks carried out in daylight only).  Slipways along
the promenade are not used at night and has street
lighting only.   
MJS
ACOP 58-60 Layout Is adequate separation
delineated between quayside
operations?
Satisfactory – there is adequate delineated between
quayside operations with certain sections fenced
off and usable to manage cruise passengers under
International Ship and Port Facility (ISPS)
requirements.   
MJS
ACOP 82 Signage Is appropriate signs and
markings provided
Satisfactory – the harbour has adequate signage.     MJS

Page 38

Port Marine Safety Code - Audit: Rothesay 2023    Argyll and Bute Council
ABPmer, January 2024, R.4357  | 33  
Image B1. Rothesay Inner Harbour, Pontoon Egress Points Image B2. Fish Quay and Roundhead Bollards

Page 39

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