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Argyll and Bute Council · 31 August 2023
Back to Argyll and Bute Harbour Board — 31 August 2023 and its agenda

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Argyll and Bute Council 
Comhairle Earra-Ghàidheal Agus Bhòid 
Executive Director:  Douglas Hendry 
Kilmory, Lochgilphead, PA31 8RT
Tel:  01546 602127  Fax:  01546 604435
DX 599700 LOCHGILPHEAD
24 August 2023 
NOTICE OF MEETING 
A meeting of the ARGYLL AND BUTE HARBOUR BOARD will be held ON A HYBRID BASIS IN
THE COUNCIL CHAMBER, KILMORY, LOCHGILPHEAD AND BY MICROSOFT TEAMS on
THURSDAY, 31 AUGUST 2023 at 1:30 PM, or at the conclusion of the Environment,
Development and Infrastructure Committee at 10.30am, whichever is the later, which you are
requested to attend. 
Douglas Hendry
Executive Director 
BUSINESS 
1. APOLOGIES FOR ABSENCE 
2. DECLARATIONS OF INTEREST (IF ANY) 
3. MINUTES (Pages 3 - 6)  
Argyll and Bute Harbour Board held on 2 March 2023 
4. OBAN HARBOUR UPDATE (Pages 7 - 42)  
Report by Executive Director with responsibility for Roads and Infrastructure Services 
5. PORT MARINE SAFETY CODE (Pages 43 - 118)  
Report by Executive Director with responsibility for Roads and Infrastructure Services 
6. PIERS & HARBOURS - MARINE ASSET MANAGEMENT PLAN (Pages 119 - 128)  
Report by Executive Director with responsibility for Roads and Infrastructure Services 
REPORTS FOR NOTING 
7. ARGYLL AND BUTE HARBOUR BOARD WORKPLAN (Pages 129 - 130) 
Public Document Pack

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Argyll and Bute Harbour Board 
Councillor John Armour Councillor Garret Corner
Councillor Amanda Hampsey Councillor Andrew Kain (Chair)
Councillor Jim Lynch Councillor Ian MacQuire
Councillor Ross Moreland (Vice-Chair) Councillor Andrew Vennard   
Contact: Hazel MacInnes Tel: 01546 604269

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MINUTES of MEETING of ARGYLL AND BUTE HARBOUR BOARD held ON A HYBRID BASIS IN
THE COUNCIL CHAMBER, KILMORY, LOCHGILPHEAD AND BY MICROSOFT TEAMS 
on THURSDAY, 2 MARCH 2023 
Present: Councillor Andrew Kain (Chair) 
Councillor John Armour
Councillor Garret Corner
Councillor Amanda Hampsey
Councillor Jim Lynch 
Councillor Ian MacQuire
Councillor Ross Moreland
Councillor Andrew Vennard 
Attending: Kirsty Flanagan, Executive Director
Jim Smith. Head of Roads and Infrastructure Services
Scott Reid, Marine Operations Manager
Stuart McLean, Committee Manager
Montgomery Smedley, Designated Person: Port Marine Safety Code 
1. APOLOGIES FOR ABSENCE 
There were no apologies for absence intimated. 
2. DECLARATIONS OF INTEREST 
There were no declarations of interest intimated. 
3. MINUTES 
(a) Argyll and Bute Harbour Board held on 1 September 2022 
The Minutes of the meeting of the Argyll and Bute Harbour Board held on 1
September 2022 were approved as a correct record. 
(b) Special Argyll and Bute Harbour Board held on 22 December 2022 
The Minutes of the Special meeting of the Argyll and Bute Harbour Board held on 22
December 2022 were approved as a correct record subject to amending under those
attending to read that Frank Roberts was attending on behalf of Oban Community
Council and Phil Hamerton on behalf of Oban Bay Stakeholders; and not on behalf
of Oban Community Harbour Development Association. 
4. OBAN BAY UPDATE 
The Harbour Board gave consideration to a report providing an update on the status of
plans to establish the Municipal Oban Harbour and the progress of the Oban Harbour
Revision Order (HRO).  The report followed on from the 22 December 2022 meeting of the
Harbour Board where approval was given for a draft HRO to be submitted to Transport
Scotland on an informal review basis. 
Decision
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The Argyll and Bute Harbour Board noted the update provided in the submitted report. 
(Reference:  Report by Executive Director with responsibility for Roads and Infrastructure
Services dated February 2023, submitted) 
Councillor John Armour joined the meeting during the consideration of the following item
of business. 
5. PIERS AND HARBOURS - MARINE ASSET MANAGEMENT PLAN 
The Harbour Board gave consideration to a report providing a review of the Marine Works
Asset Management Plan.  The report included an update on significant and major
programmes currently planned and underway within Argyll and Bute Council’s Marine
Asset Management Plan as well as schemes added since the last update. 
Decision 
The Argyll and Bute Harbour Board – 
1. noted the update on the major programmes currently being addressed within Argyll
and Bute Council’s Marine Asset Management Plan; 
2. noted that £6.5 million worth of capital works are programmed for the financial year
2023/2024; and 
3. noted that there was a potential spend of c.£110 million over the next 5 years, the
majority of which would support the new CMAL and CFL / CalMac fleet renewal.
(Reference:  Report by Executive Director with responsibility for Roads and Infrastructure
Services dated February 2023, submitted) 
6. PORT MARINE SAFETY CODE (Pages 5 - 14) 
The Harbour Board gave consideration to a report providing an update on progress being
made towards compliance with the Port Marine Safety Code (PMSC). The Designated
Person delivered a presentation to the Harbour Board on the Designated Person’s Annual
Report which was attached at Appendix A to the submitted report. 
Decision 
The Argyll and Bute Harbour Board – 
1. noted the content of the submitted report; 
2. noted the Designated Person’s Annual Report at appendix A to the submitted report; 
3. approved the new version (Volume I) of the Marine Safety Management System at
appendix B to the submitted report; and 
4. noted the Marine Safety Plan update at appendix C to the submitted report. 
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(Reference:  Report by Executive Director with responsibility for Roads and Infrastructure
Services dated August 2022, submitted) 
7. DRAFT HARBOUR BOARD WORKPLAN 
The draft work-plan was before the Harbour Board for noting. 
Decision 
The Argyll and Bute Harbour Board noted the content of the work-plan. 
(Reference:  Draft Argyll and Bute Harbour Board Work-plan dated February 2023,
submitted) 
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ARGYLL AND BUTE COUNCIL  HARBOUR BOARD 
ROADS AND INFRASTRUCTURE
SERVICES 
31  AUGUST 2023 
OBAN HARBOUR UPDATE 
1.0 INTRODUCTION 
1.1 This report is provided to update Members on the status of plans to establish the
Municipal Oban Harbour and the progress of the Oban Harbour Revision Order
(HRO). 
1.2 It also details the next steps process for the formal consultation process to make
the order. 
2.0  RECOMMENDATIONS 
It is recommended that the Harbour Board: 
2.1 Notes the update provided in this report; and 
2.2 Agrees the final draft HRO provided herewith for submission to Transport
Scotland. 
2.3 Agrees the Terms of Reference for the consultative bodies appended to the
report. 
3.0 DETAIL   
Harbour Revision Order (HRO) 
3.1.1 Since December 2022, following Harbour Board approval, the Oban Harbour
draft HRO has been subject of informal discussions with the aim of finalising the
document. 
3.1.2 The key changes made to the draft Order as a result of the informal consultation
process are set out in appendix B. It should be noted that the bulk of the
changes that have been made are primarily for clarity or for drafting reasons and
do not amend the substantive powers to be exercised by the Council over the
Harbour, or the way in which the Council may exercise those powers. Appendix
B does not include all those changes made for clarity or drafting reasons, or
which are technical in nature. The draft attached as appendix A is provided for
agreement of members as the final draft HRO provided herewith for submission
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to Transport Scotland. 
3.1.3 A Business Day for the Harbour Board was held on 20th June that included a
presentation from our Designated Person (DP) Monty Smedley. A similar
presentation was given at the following Oban Bay Management Group (OBMG)
meeting for the benefit of other interested parties. 
3.1.4 Recruitment has been completed for a replacement Assistant Harbour Master
and two additional Assistant Harbour Masters to ensure a smooth first step is
made in preparation for the new shift patterns once the HRO is in place. 
3.1.5 Terms of Reference have been drawn up for the proposed Consultative Forums
and are set out in Appendix C for agreement of Members. Based on the
guidelines and recommendations of the Port Marine Safety Code (PMSC), it is
proposed to have an administrative management level group made up of the
organisations with financial and legal responsibility in the bay and a broad
Consultative Forum made up from the stakeholders and communities who rely
on Oban Harbour. 
3.2 Next Steps 
The next steps from there are summarised in the following table: 
Formal submission and Statutory Consultation 
Step Description Actioned by
1 Formal application requested by Transport
Scotland and submitted by Argyll & Bute
Council. Accompanied by fee, maps etc.
Transport Scotland & RIS
/ Legal
2 Public Notice – 42 days of public consultation.
May result in representations being
received from members of the public,
community groups or statutory consultees. 
Objection handling by
Transport Scotland by
written representation,
hearing or inquiry.
Negotiation /
modifications by Argyll &
Bute Council.
3 Consultation with statutory consultees is also
open for 42 days but may not exactly
match the same commencement day as
the public consultation period. (see 3.2.6)
Managed by Transport
Scotland, then passed to
Argyll & Bute Council.
4 Scottish Ministers consideration of application and
decision.
Scottish Government.
5 Decision letter issued & decision published. Transport Scotland.
6 Order Made. Argyll & Bute Council assume
control of new harbour area.
Scottish Government. 
3.2.1 Approval of the draft HRO will enable the Council to submit this to Transport
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Scotland. On doing so, the Council must then publish notice of the application
once in the Edinburgh Gazette and once in each of two successive weeks in
one or more local papers, most likely the Oban Times. 
3.2.2 The notice must comply with the 1964 Act and will give:
 Notice that the application has been made.
 Note that an Environmental Statement is not required.
 A concise summary of the draft order.
 Information on how objections should be made within 42 days of the date the
order was first advertised and details of the procedure for handling these.
 Original copies of the publications which must be provided to Transport
Scotland. 
3.2.3 Scottish Ministers may direct that the draft is served on specified bodies or
persons and they will formally advise us if this is the case when we submit the
application. Examples are Maritime & Coastguard Agency (MCA), UK Chamber
of Shipping, and Northern Lighthouse Board etc. 
3.2.4 We will publish the submission on the Council website for public viewing and
promote that via Social Media, our ‘Keep in the Loop’ service and by any other
appropriate means identified in liaison with the Communications team. This is an
established consultative process from the informal consultation already carried
out for the Oban HRO. 
3.2.5 We have received representation from OCHDA and Oban Community Council
for these groups to carry out the consultation on behalf of the Council. Given the
formation of the HRO is a matter that falls directly to the Council and for which it
is responsible, the formal nature of the statutory process, that the council needs
to be fully accountable for the consultation process and the responses that it
provides to any representation and maintain direct communication with
Transport Scotland throughout that process it is considered appropriate that the
Council retain the direct responsibility and control over the exercise of this
function. 
3.2.6 The process requires at least 42 days for representations to be made and during
this period Transport Scotland will conduct their own consultations with the
statutory consultees served with the draft HRO. Each consultee will have 42
days to respond so this may not run concurrently with our public consultation
period. 
3.2.7 All objectors must state the grounds and their representations will be forwarded
on to us from Transport Scotland. In addition, as we have had consultations on
this subject before, there may be representations sent directly to us which we
should share with Transport Scotland. 
3.2.8 There is no fixed timescale for handling any representations received and the
Council will have the opportunity during the 42 day period to address any issues
that can be resolved with more information or mitigation. At the end of the 42
day period Transport Scotland and Argyll & Bute Council will then agree a
timeframe to review the representations. The timeframe may be extended if
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required and objections can be withdrawn at any time by writing to Ministers but
at the end of the timeframe Transport Scotland will contact all outstanding
objectors to confirm the status of the objection. 
3.2.12 Ministers will make the decision on the appropriate route to deal with any
objections which are not withdrawn which can include further written
representation or in extreme or complex cases a hearing or public inquiry on
similar lines to planning inquiries. 
3.2.13 The Minister will then consider the material provided and reach a decision,
which may involve modifications to the order to meet objections or provide
mitigation measures. 
3.2.14 Ministers will then consider the draft and issue a formal decision letter to us,
copied to consultees and objectors and published on the Transport Scotland
website. 
3.2.15 Assuming the decision is positive the order will be made and we must publish
notice of this in the Edinburgh Gazette and a local paper (again most likely the
Oban Times) and serve copies on the same people identified and notified of the
original application. 
4.0 CONCLUSION 
4.1 This report provides an update to Members on the status of plans to establish
the Municipal Oban Harbour and the progress of the Oban Harbour Revision
Order (HRO). The report also provides the Terms of Reference for consultative
groups for once the HRO has been made. 
5.0 IMPLICATIONS 
5.1 Policy – The Harbour Board agreed in December 2021 that the Council should
proceed to make the arrangements to formally manage the unmanaged
section of Oban Bay.   
5.2 Financial – No financial implications at this stage, all costs have been met
through existing budgets and the Municipal Harbour will have fees and
charges through conservancy charges etc. which will cover the operating
costs 
5.3 Legal – the HRO process is a formal legal process set out in the 1964
Harbours Act. 
5.4 HR – HR implications will be identified as the proposal progresses.   
5.5  Fairer Scotland Duty: 
5.5.1   Equalities – None known 
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5.5.2   Socio-economic Duty – None Known
5.5.3 Islands – consultation will be carried out with the island communities as a
continuation and expansion of the Options Appraisal Process reported to the
December harbour Board.
5.6 Climate Change – due regard will be given to climate change with a view to
minimising any climate change impact and these will be considered as and
when they arise.  
5.7 Risk - The Council progressing to become a Municipal Port Authority for the
unmanaged areas of Oban Bay increases the safety within Oban Bay.  There
is a risk that there could be a number of objections and representations during
the process which could impact on timescale and these will be considered as
and when they arise.  
5.8  Customer Service – Improved and safer environment for all users 
Kirsty Flanagan, Executive Director with responsibility for Roads and Infrastructure 
Jim Smith, Head of Roads and Infrastructure 
Policy Lead for Roads and Transport, Councillor Andrew Kain 
August 2023 
For further information contact: Jim Smith, Head of Roads and Infrastructure, or
Scott Reid, Marine Operations Manager 
Appendix A: Oban HRO with map of limits (Appendix A1)
Appendix B: Notes on amendments to Oban HRO
Appendix C: Terms of Reference, Oban Harbour Consultative Forums 
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Appendix A for Argyll & Bute Harbour Board meeting 31st August 2023 
1
S C O T T I S H S T A T U T O R Y I N S T R U M E N T S
2023 No.
HARBOURS, DOCKS, PIERS AND FERRIES
The Argyll and Bute Council (Oban) Harbour Revision Order
2023
Made 2023
Coming into force 2023
CONTENTS
PART 1
Preliminary 
1. Citation and commencement
2. Interpretation
3. Incorporation of the Harbours, Docks and Piers Clauses Act 1847 
PART 2
Duties and powers of the Council 
4. Limits of the harbour
5. General powers of the Council
6. Powers with respect to land, buildings, harbour facilities, etc.
7. Power to appropriate parts of the harbour etc.
8. Power to lease
9. Power to dredge
10. Restriction of works and dredging
11. Parking places
12. Declaration of draught, etc. of vessel
13. Provisions as to damage
14. Obstruction of harbour master, etc.
15. Power to enter into arrangements to provide supplies
16. Moorings
17. Removal of obstructions other than vessels, vehicles or wreck
18. Power to remove goods
19. Publication of Council’s annual statement of accounts 
PART 3
Harbour regulation 
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20. Byelaws
21. Confirmation of byelaws
22. General directions to vessels
23. Publication of general duties
24. Special directions to vessels
25. Failure to comply with special directions
26. Enforcement of special directions
27.  Master's responsibility in relation to directions
28. Vessels adrift
29. Boarding of vessels 
PART 4
Financial provisions 
30. Charges other than ship, passenger and goods dues
31. Liability for charges
32. Power to grant exemptions, rebates, etc., in respect of charges
33. Account of goods
34. Security for charges
35. Liens for charges
36. Refusal to pay charges for landing place, etc.
37. Exemptions from charges
38. Conditions as to payment of charges
39. Reserve funds 
PART 5
Miscellaneous 
40. Saving for Commissioners of Northern Lighthouses
41. Saving for CMAL and ferry operator
42. Crown rights
43. Repeals and revocations 
SCHEDULE  — Repeals
The Scottish Ministers (“the Ministers”) make the following Order in exercise of the powers
conferred by section 14(1), (2A) and (3) of the Harbours Act 1964(a) and all other powers enabling
them to do so.
In accordance with section 14(1) of that Act, this Order is made in relation to a harbour which is
being improved, maintained or managed by a harbour authority in the exercise and performance of
statutory powers and duties, for achieving objects specified in Schedule 2 to that Act(b).                                                 
(a) 1964 c.40; section 14 was relevantly amended by the Transport Act 1981 (c.56), schedule 6, paragraphs 2, 3, 4(1) and 14 and
schedule 12 and the Transport and Works Act 1992 (c.42), schedule 3, paragraph 1.  See sections 14(7) and 57(1) of the Harbours
Act 1964 for the definitions of “the appropriate Minister” and “the Minister”.  The functions of the Minister of the Crown were
transferred to the Ministers by virtue of section 53 of the Scotland Act 1998 (c.46).
(b) Schedule 2 was relevantly amended by the Transport and Works Act 1992 (c.42), Schedule 3, paragraph 9.
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In accordance with section 14(2) of the Act—
(a) this Order is made following a written application to Ministers by Argyll and Bute Council
("the Council") being the Council engaged in improving, maintaining or managing the
harbour; and
(b)  except in so far this Order is made for achieving objects mentioned in section 14(2A) of
the Act, the Ministers are satisfied that the making of this Order is desirable in the interests
of securing the improvement, maintenance or management of the harbour in an efficient
and economical manner.
In accordance with section 14(2A) of that Act, the objects for achieving which this Order is made
include repealing superseded, obsolete or otherwise unnecessary statutory provisions of local
application affecting the harbour.
In accordance with paragraph 4 of schedule 3(c) to that Act, the Ministers have decided that the
application relates to a project which falls within Annex II to Council Directive 2011/92/EU(d) of
the European Parliament and of the Council of 13 December 2011 on the assessment of the effects
of certain public and private projects on the environment but, taking into account the criteria set out
in Annex III to that Directive, that the project is not a relevant project.
In accordance with paragraph 5 of that schedule(e) the Ministers have informed the Council in
writing that the application relates to a project which falls within Annex II to that Directive but is
not a relevant project.
Notice has been published by the Council in accordance with the requirements of paragraph 10 of
schedule 3 of that Act(f).
The provisions of paragraph 17 of that schedule have been satisfied. [No objections to the
application have been made.] [All objections to the application have been withdrawn or paragraph
18(1A) of that schedule applied in respect of those objections.] [No representations under paragraph
10(2)(f) of that schedule have been made.]
[[In accordance with paragraph 18(1C) of that schedule,] Ministers have caused an inquiry to be
held under paragraph 18(1B) of that schedule.]
[[In accordance with paragraph 18(1C) of that schedule,] Ministers have given to a person who
made an objection an opportunity of appearing before and being heard by a person appointed by
Ministers under paragraph 18(1B) of that schedule.]
In accordance with paragraph 19(1) of that schedule [?], Ministers have considered—
(a) any objections made and not withdrawn,
(b) any representations made under paragraph 10(2)(f) of that schedule,
(c) [the report of the person who held the inquiry] [the report of the person appointed for the
purpose of hearing an objector under paragraph 18 of that schedule], and
(d) [any written representations submitted to Ministers by the Council or any objector in
elaboration of the application or, as the case may be, objection].                                                 
(c) Paragraph 4 was substituted by S.I. 2017/1070 and amended by S.I. 2020/460.
(d) O.J. L 26, 28.1.2012, p.1, as relevantly amended by Council Directive 2014/52/EU (O.J. L. 24, 25.4.2014, p.1). 
(e) Paragraph 5 was substituted by S.I. 2017/1070.
(f) Paragraph 10 of schedule 3 was substituted by S.I. 1999/3445 and is amended by the Transport and Works (Scotland) Act 2007
(asp 8), section 25(5)(b) and (c). Schedule 3 is also amended by S.I. 2017/170, schedule 1, paragraph 80.
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In accordance with paragraph 19(6) of that schedule, Ministers have decided [to make this Order in
the form of the draft submitted to them] [to make this Order with modifications [which do not appear
to Ministers substantially to affect the character of the Order] [which appear to Ministers
substantially to affect the character of the Order]].
PART I
Preliminary
Citation and commencement
1. This Order may be cited as the Argyll and Bute Council (Oban) Harbour Revision Order 2023
and comes into force on the day after the day on which it was made.
Interpretation
2. In this Order—
“the 1847 Act" means the Harbours, Docks and Piers Clauses Act 1847(g);
“the 1862 Act” means the Pier and Harbour Orders Confirmation Act 1862(h);
“the 1864 Act” means the Pier and Harbour Orders Confirmation Act 1864(i);
“the 1896 Act” means the Pier and Harbour Orders Confirmation Act 1896(j);
“the 1897 Act” means the Callander and Oban Railway Act 1897(k);
“the 1964 Act” means the Harbours Act 1964(l);
“the 1974 Act” means the Scottish Transport Group (Oban Quay) Order Confirmation Act
1974(m);
“the 1992 Act” means the Transport and Works Act(n);
“the 1994 Act” means the Local Government etc. (Scotland) Act 1994(o);
“the 1995 Act” means the Merchant Shipping Act 1995(p);
“the 1998 Act” means the Scotland Act 1998(q);
“the 2007 Act” means the Transport and Works (Scotland) Act 2007(r);
"CMAL" means Caledonian Maritime Assets Limited, a company incorporated in Scotland with
registered number SC001854 and having its registered office at Municipal Buildings, Fore
Street, Port Glasgow, Renfrewshire, PA14 5EQ;
“Commissioners of Northern Lighthouses” means the general lighthouse authority for Scotland,
a body corporate constituted by section 193 and schedule 8 of the 1995 Act;
"the Council" means Argyll and Bute Council, a local authority established by the 1994 Act and
having its principal place of business at Kilmory, Lochgilphead, Argyll, PA31 8RT;
“deposited plans” means the plans, sections and elevations, referred to in article 4 which are
bound together, signed and dated with reference to this Order and marked “Argyll and Bute
Council (Oban) Harbour Revision Order 2023 Plans, Sections and Elevations” copies of which                                                 
(g) 1847 c.27.
(h) 1862 c.45.
(i) 1864 c.xciii.
(j) 1896 c.clxxvii.
(k) 1897 c.clxxix.
(l) 1964 c.40.
(m) 1974 c.xxxiv.
(n) 1992 c.42.
(o) 1994 c.39.
(p) 1995 c.21.
(q) 1998 c.46.
(r) 2007 asp.8.
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have been deposited at the offices of the Ministers at the Scottish Government, Victoria Quay,
Edinburgh EH6 6QQ and at the offices of the Council;
"ferry operator" means the operator (if any), from time to time, of the Clyde and Hebrides Ferry
Services on behalf of the Ministers;
“general direction” means a direction given by the Council under article 22;
"goods" includes equipment of any description;
“government department” includes any part of, or any member of the staff of, the Scottish
Administration which shall have the same meaning as in section 126(6) of the 1998 Act;
“harbour” means the harbour at Oban comprised within the harbour limits; 
"harbour limits" means the limits of the harbour as defined in article 4;
“harbour master” means any person appointed as such by the Council and includes that person’s
deputies and assistants and any person for the time being authorised by the Council to act, either
generally or for a specific purpose, in the capacity of harbour master; 
“harbour premises” means the quays, berths, piers, pontoons, moorings, landing places, and all
other works, land, buildings and other structures and premises from time to time vested in or
occupied or administered by the Council as part of the harbour undertaking;
“harbour undertaking” means the harbour undertaking of the Council at Oban;
“land” includes land covered by water, any interest in land and any servitude or right in, to or
over land;
“master” in relation to a vessel means any person for the time being having or taking the
command, charge or management of the vessel;
"mean high water springs" means the level of mean high-water springs;
“mooring” includes any buoy, pile, post, chain, pillar, jetty for use as an appurtenance to a
dwelling or like apparatus or structure used for the mooring of vessels;
“personal watercraft” means a watercraft intended for sports and leisure purposes of less than 4
metres in hull length which uses a propulsion engine having a water jet pump as its primary
source of propulsion and designed to be operated by a person or persons sitting, standing or
kneeling on, rather than within the confines of, a hull;
"railway pier" means the section of the harbour at Oban as defined in article 4;
“relevant ferry services” means any services associated with the delivery of the Clyde Hebrides
Ferry Services on behalf of the Ministers;
“relevant person” in relation to any property, rights or interests to which section 90B(5) of the
1998 Act applies means the person who manages that property, or those rights and interests;
“special direction” means a direction given by the harbour master under article 24; 
"vessel" means a ship, boat, raft or craft of any description however propelled or moved, and
includes a displacement craft, a non-displacement craft, a personal watercraft, a sea plane on
the surface of the water, a hydrofoil vessel or any other amphibious vehicle and any other thing
constructed or adapted for floating on or being submersed in water (whether permanently or
temporarily); and
"works" means any permanent or temporary manmade structures situated within the harbour
limits.
Incorporation of the Harbours, Docks and Piers Clauses Act 1847
3.—(1) Sections 1 to 4, 33 to 35, 37 to 39, 42, 44, 46, 51, 54, 55, 63 to 65 of the 1847 Act are
incorporated with this Order subject to the modifications stated in paragraph (2).
(2) In construing the provisions of the 1847 Act as incorporated with this Order—
(a) the expression “the special Act” means this Order, the expression “the undertakers” means
the Council and the expression “the harbour, dock, or pier” shall mean the harbour;
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(b) for the definition of the word “vessel” in section 3 (interpretations in this and the special
Act) there shall be substituted the definition of that word in article 2;
(c) section 63 shall be read and have effect as if for the words from “be liable to” to the end of
the section there were substituted the words “be guilty of an offence and shall be liable on
summary conviction to a fine not exceeding level 3 on the standard scale”; and
(d) section 65 (harbour master may remove vessel for purpose of repairing harbour or dock if
the master neglects or refuses to do so) shall have effect subject to the omission of the
words from “Provided always” to the end of the section.
PART 2
Duties and Powers of the Council
Limits of harbour
4.—(1) The Council shall exercise jurisdiction as a harbour authority within the harbour limits
within which the powers of the harbourmaster are exercisable. The harbour limits are defined as the
area enclosed by—
(a) in the south, a straight line across Kerrera Sound from—
(i) E183320 N728235; to
(ii) E182932  N728565; and
(b) in the north, straight lines joining the positions—
(i) E184103 N731226;
(ii) E183223 N731271;
(iii) E183249 N731787;
(iv) E184025 N732862;
(v) E184744 N732825; and
(vi) E185279 N732259; and
(c) on the coast, the level below mean high water springs.
(2) The railway pier forms part of the harbour at Oban, under the jurisdiction of CMAL. The railway
pier is defined by the 1897 Act, as amended by section 14 of the 1974 Act and can be confirmed as
a continuous line joining the following points—
(a) E185560 N729751;
(b) E185518 N729775;
(c) E185498 N729788;
(d) E185513 N729841;
(e) E185551 N729900;
(f) E185600 N729946;
(g) E185700 N730016;
(h) E185760 N730031; and
(i) E185869 N729934.
(3) In the event of any discrepancy between the boundaries of the harbour as described in this article
and the boundaries shown on the deposited plans, the description contained within this article shall
prevail.
(4) For the avoidance of doubt the Council shall not exercise jurisdiction as a harbour authority in
respect of the railway pier. 
General powers of the Council
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5.—(1) The Council may take such steps from time to time as they consider necessary or expedient
for the improvement, maintenance and management of the harbour and the accommodation and
facilities afforded in or connected with the harbour.
(2) For those purposes, and without affecting the generality of paragraph (1), the Council may—
(a) improve, maintain, regulate, manage, mark and light the harbour and provide harbour
facilities in the harbour (including facilities for the supply by the Council of fuel for
vessels);
(b) construct, reconstruct, extend, enlarge, alter, replace, relay or demolish structures and
works in the harbour;
(c) subscribe for or acquire shares or securities of any body corporate;
(d) maintain such reserve funds as they think fit;
(e) invest any sums not immediately required for the purposes of the harbour;
(f) turn their resources to account so far as not required for those purposes; and
(g) do all other things which in their opinion are necessary or expedient to facilitate the proper
carrying on or development of the harbour.
(3) The Council shall, in consultation with CMAL, implement an appropriate safety management
system for the harbour.
(4) The Council shall not unreasonably prevent or unreasonably restrict access to the railway pier.
(5) This article does not affect any powers of the Council under or by virtue of any other enactment
(including this Order).
Powers with respect to land, buildings, harbour facilities, etc.
6.—(1) The Council may for the purposes of the undertaking acquire land, whether by way of
purchase, exchange, lease or otherwise.
(2) Without affecting article 8, the Council may for such price and upon such terms and conditions
and subject to such restrictions and for such period as it thinks fit sell, lease, exchange or otherwise
dispose of any land, building or harbour facilities belonging to it which is no longer required by the
Council for the purposes of the harbour. 
(3) The Council may for the purposes of the harbour undertaking manage, use or develop land
belonging to it (whether under its ownership or lease), as it thinks fit.
Power to appropriate parts of the harbour, etc.
7.—(1) Notwithstanding anything in this or any other statutory provision of local application, the
Council may from time to time set apart or appropriate any part of the harbour, or any lands, works,
buildings, machinery, equipment or other property of the Council in the harbour, for the exclusive,
partial or preferential use or accommodation for any particular trade, activity, person, vessel or class
of vessels or goods, subject to the payment of such reasonable charges (other than ship, passenger
and goods due), and to such terms and conditions, as the Council thinks fit. 
(2) No person or vessel shall, otherwise than in accordance with the setting apart or appropriation,
make use of any part of the harbour, or any lands, works, buildings, machinery, equipment or other
property, so set apart or appropriated without the consent of the harbour master or other duly
authorised officer of the Council. 
(3) The harbour master or, as the case may be, any such authorised officer may order any person or
vessel contravening paragraph (2) to leave or be removed from the site of the contravention. 
(4) Section 58 of the 1847 Act shall extend and apply with appropriate modifications to any vessel
moored or otherwise positioned in contravention of paragraph (2) above. 
(5) In exercising its powers to appropriate or set apart any part of the harbour under paragraph (1),
the Council shall have regard to the facilitation of—
(a) the public right of navigation in the harbour; and
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(b) any public rights of way affecting the harbour,
such that the Council shall not restrict such rights more than is necessary for the purpose for which
the part of the harbour is appropriated or set apart.
Power to lease, etc.
8. The Council may at any time lease or grant the use or occupation of, or any right or interest in,
over or relating to, any lands, works, buildings, equipment or other property forming part of the
harbour for such period or periods and on such terms and conditions as may be agree between the
Council and the persons taking the same.
Power to dredge
9.—(1) The Council may from time to time deepen, widen, dredge, scour, cleanse, alter and improve
the bed and foreshore of the harbour and the seaward approaches thereto.
(2) The Council may use, appropriate or dispose of any material (other than any wreck within the
meaning of Part IX of the 1995 Act) from time to time dredged or removed by it from the harbour.
(3) No dredged materials shall be deposited—
(a) in contravention of the provisions of any enactment as respects the disposal of waste; or
(b) in any place below the level of mean high water springs except in such places and in
accordance with such conditions and restrictions as may be approved or prescribed by the
Ministers.
Restriction of works and dredging
10.—(1) No person other than the Council shall in the harbour—
(a) construct, place, alter, renew or maintain any works; or
(b) dredge,
unless that person has contracted with or been licensed by the Council to do so.
(2) Any person who contravenes this article shall be guilty of an offence and liable on summary
conviction to a fine not exceeding level 3 on the standard scale.
(3) The Council may by notice require a person who contravenes this article to remove, abate or
rectify, within a reasonable time specified in the notice, any work, operation or omission to which
the contravention relates and to restore the site thereof to its former condition; and if that person
fails to comply with the notice the Council may carry out the works so required and may recover
from that person as a debt any expenses incurred by it in doing so.
(4) This article shall not apply in respect of dredging carried out by CMAL, its contractors or agents
in the approaches to the railway pier, but before carrying out any dredging in the approaches to the
railway pier, CMAL shall consult with the Council.
Parking places
11. The Council may provide facilities within the harbour premises for the parking of vehicles and
for that purpose may erect barricades or fencing with related offices, waiting rooms and other
conveniences for the use of the public, may delineate parking areas, operate access control systems
and may make reasonable charges for the use of such facilities.
Declaration of draught, etc. of vessel
12.—(1) The master of a vessel entering, leaving or intending to enter or leave the harbour shall, if
required to do so by the harbour master, state the overall length and maximum draught of their
vessel.
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(2) The master of a vessel who in response to a requirement under paragraph (1) without reasonable
excuse fails to give the information or gives incorrect information shall, without prejudice to any
right of the Council to compensation for loss or damage occasioned thereby, be guilty of an offence
and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(3) For the purposes of this article “draught” in relation to a hovercraft or hydrofoil vessel means its
draught when afloat and not supported on a cushion of air or on foils or by any other means and in
relation to a seaplane means its draught when afloat.
Provisions as to damage
13.—(1) This article applies to any damage caused to any work or property of the Council in the
harbour—
(a) by any person who contravenes any provision of this Order or any other enactment relating
to the harbour; or
(b) by a vessel, whether or not as a result of any contravention of any such provision.
(2) Where damage to which this article applies has occurred, the Council may detain any vessel
which caused the damage, and any other property belonging to or in the charge of the person who
caused the damage, or belonging to that person’s employers, until the cost of the damage has been
paid or until reasonable security has been given to the Council.
(3) The owner of any vessel causing damage to which this article applies and the master (if it was
through their intentional act or failure to act that the damage was done) shall be liable for the cost
of the damage.
(4) This article does not affect—
(a) any right of the owner or master of a vessel to recover the cost of damage from any person
whose act, or failure to act, gave rise to the damage;
(b) any right of the Council under any other enactment, agreement or rule of law; or
(c) the criminal liability of any person under any provision of this Order, or any byelaw made
in relation to the harbour by the Council.
Obstruction of harbour master, etc.
14. Any person who intentionally obstructs the harbour master or any other person carrying out
duties under this Order or any enactment relating to the harbour shall be guilty of an offence and
liable on summary conviction to a fine not exceeding level 2 on the standard scale.
Power to enter into arrangements to provide supplies
15. The Council may make arrangements for the purpose of providing and supplying fuel, ice and
such other requirements as may be made available to vessels using the harbour and in respect of the
supply, laying down and maintaining of pipelines, storage tanks, plants, equipment and other
apparatus and the execution of ancillary and necessary works for that purpose within the harbour.
Moorings
16.—(1) The Council may provide, place, lay down, maintain, renew, use or remove such moorings,
buoys and similar apparatus within the harbour as it considers necessary or desirable for the
convenience of vessels.
(2) The Council may demand, receive and recover in respect of any vessel using any of the moorings
provided by the Council under paragraph (1), or moored to land owned or leased by the Council,
such reasonable charges as the Council may from time to time prescribe.
(3) The Council may compound with any person with respect to the payment of the charges
prescribed under paragraph (2).
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(4) The Council may from time to time grant a licence to any person to place, lay down, maintain,
renew and use moorings, buoys and similar apparatus for vessels in the harbour.
(5) Any person who, without reasonable excuse, places, lays down, maintains, renews or uses a
mooring, buoy or similar apparatus for vessels within the harbour except under and in accordance
with the terms and conditions of a licence granted under this article, shall be guilty of an offence
and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(6) Any licence granted under paragraph (4) shall be valid only for a period of one year, or such
longer period as seems to the Council to be desirable in the circumstances, commencing with the
date on which it takes effect.
(7) The Council may charge a reasonable fee for the grant of a licence under this article.
Removal of obstructions other than vessels, vehicles or wreck
17.—(1) The Council may remove anything which is causing or likely to become an obstruction or
impediment to the proper use of any part of the harbour other than—
(a) a vessel or vehicle; or
(b) a wreck within the meaning of Schedule 11ZA of the 1995 Act.
(2) If anything removed by the Council under paragraph (1) is known to the Council to be, or is so
marked as to be readily identifiable as, the property of any person, the Council shall within one
month of its coming into its custody give notice, in accordance with paragraph (6), to that person
and if possession of the thing is not retaken within the period specified in, and in accordance with
the terms of, the notice it shall at the end of that period become the property of the Council.
(3) If the ownership of anything removed by the Council under paragraph (1) is not so known or
marked and the ownership cannot within 3 months of its coming into the custody of the Council be
proved to the Council’s reasonable satisfaction, it shall become the property of the Council.
(4) The Council may at such time and in such manner as it thinks fit dispose of anything which is
of a perishable or obnoxious nature or the custody of which involves unreasonable expense or
inconvenience notwithstanding that it has not vested in the Council under this article, and if it is
sold the proceeds of sale shall be applied by the Council in payment of the expenses incurred by it
under this article in relation to the thing, and any balance—
(a) shall be paid to any person who within 3 months from the time when the thing came into
custody of the Council proves to its reasonable satisfaction that such person was the owner
thereof at that time; or
(b) if within the said period no person proves ownership at the said time, shall become the
property of the Council.
(5) If anything removed under this article—
(a) is sold by the Council and the proceeds of sale are insufficient to reimburse it for the amount
of the expenses incurred in the exercise of its powers of removal; or
(b) is unsaleable,
the Council may recover the deficiency or the whole of the expenses, as the case may be, from the
person who was the owner when the thing removed came into the custody of the Council or who
was the owner at the time of its abandonment or loss.
(6) A notice given under paragraph (2) shall specify the thing removed and state that upon proof of
ownership to the reasonable satisfaction of the Council, possession may be retaken at a place
specified in the notice within the time specified therein, being not less than 14 days after the date
when the notice is served.
(7) The Council shall not under the powers of this article move anything placed or constructed by
any person under the provisions of any enactment or of a consent or licence.
Power to remove goods
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18.—(1) If any goods are left on or in any part of the harbour premises the Council may require the
owner of the goods to remove them; and if the goods are not so removed within six hours after such
requirement the Council may cause them to be removed to the Council or any other public
warehouse or store; and such removal shall be carried out at the expense and risk of the owner.
(2) Notwithstanding such removal on behalf of the Council, the goods shall be subject to a lien for
the cost of removal, and for any charges payable to the Council by the owner in respect of the goods
under Part 4 of this Order.
Publication of Council’s annual statement of accounts
19. The Council shall prepare an annual statement of accounts as at the end of each financial year.
As soon as reasonably practicable after their annual statement of accounts is prepared, the Council
shall make a copy of it available, for a period of three months from the date of the preparation, at
the offices of the Council’s accountants for inspection free of charge by members of the public and
shall, subject to the payment of a reasonable charge, supply a copy of the statement to any person
who requests to be supplied with a copy.
PART 3
Harbour Regulations
Byelaws
20.—(1) The Council may from time to time make byelaws for the efficient management and
regulation of the harbour.
(2) Without prejudice to the generality of paragraph (1), byelaws made under this article may
provide for—
(a) regulating the use, operation and superintendence of the harbour and the docks, berths,
wharves, quays, piers, jetties, landing places, equipment, works and conveniences
(including moorings);
(b) regulating the shipping and unshipping, landing, warehousing, stowing, depositing and
removing of goods, including marine creatures of any type, within the harbour;
(c) preventing damage or injury to any vessels, goods, vehicles, plant, machinery, property or
persons within the harbour;
(d) regulating the conduct of all persons in the harbour not being members of a police force or
officers or servants of the Crown whilst in the exercise of their duties;
(e) preventing and removing obstructions or impediments within the harbour;
(f) regulating the holding of regattas and other public events in the harbour;
(g) regulating or prohibiting the activities in the harbour of divers, surfers, water skiers and
other persons engaged in similar recreational pursuits;
(h) prohibiting persons in or entering the harbour, or any part thereof, from smoking therein;
(i) regulating the movement and parking of vehicles within the harbour;
(j) regulating the exercise of the powers vested in the harbour master, as provided for in the
1847 Act, this Order and any other relevant enactment;
(k) regulating the hours during which any gates, entrances or outlets to or from the harbour or
any part of the harbour shall be open;
(l) prohibiting or regulating the discharge or deposits of ballast, ashes, refuse, rubbish or other
material (including any polluting liquid) into or upon the harbour;
(m) regulating the use of cranes, weighing machines, weights and measures belonging to the
Council, and the duties and conduct of weighers and meters employed by the Council;
(n) regulating or preventing the use of fires and lights within the harbour;
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(o) the conservation of the natural beauty of all or any part of the harbour or of any of the
fauna, flora or geological or physiographical features in the harbour and all other natural
features; and
(p) the conservation, preservation or redevelopment of any buildings, plant or other artificial
features of the harbour of historic or architectural significance.
(3) Byelaws made under this article may—
(a) provide for imposing upon persons found guilty on summary conviction of offending
against them, or against any condition, requirement or direction imposed, made or given
thereunder on summary conviction, fines not exceeding level 3 on the standard scale;
(b) relate to the whole of the harbour or harbour premises, or to any part thereof; or
(c) make different provisions for different parts of the harbour or harbour premises, or in
relation to different classes of vessels.
(4) Existing byelaws in respect of the harbour will remain in place as if they had been made under
this order.
Confirmation of byelaws
21.—(1) Byelaws made by the Council under this Order shall not come into operation until they
have been confirmed by the Ministers.
(2) At least one month before an application for confirmation of byelaws is made by the Council to
the Ministers, notice of the intention to apply for confirmation and of the place at which and times
during which a copy of the byelaws shall be open to inspection shall be published as follows—
(a) once in the Edinburgh Gazette; and
(b) once in each of two successive weeks in a newspaper circulating in the area in which the
harbour is situated.
(3) During a period of at least one month before application is made for confirmation of the byelaws,
a copy of the byelaws shall be kept by the Council at the principal office of the Council and at the
harbour office and will be available for inspection without payment.
(4) The Council shall supply a copy of the byelaws or of part of the byelaws to a person who shall
apply for it.
(5) During the period of one month after the date of first publication of any notice required by
paragraph (2), any person may make in writing to the Ministers any objection to or representation
respecting the byelaws to which the notice relates.
(6) Subject to paragraph (7), the Ministers may confirm the byelaws in the form submitted to them
with such modifications as they think fit or may refuse to confirm them.
(7) Where the Ministers propose to make a modification that appears to them to substantially affect
the character of the byelaw they shall inform the Council and require it to take any steps the
Ministers consider necessary for informing persons likely to be concerned with the modification,
and the Ministers shall not make decision under paragraph (6) until such period has elapsed as the
Ministers think reasonable for consideration of, and comment upon, the proposed modification by
the Council and by other persons who have been informed of it.
(8) In making a decision under paragraph (6) the Ministers shall have regard to any comments that
may have been received under paragraph (7).
(9) A copy of the byelaws when confirmed shall be printed and deposited by the Council at the
principal office of the Council and shall at all reasonable hours be open to public inspection without
payment, and a copy of the byelaws shall on application be furnished to any person on request.
General directions to vessels
22.—(1) The Council may, after consultation with the Royal Yachting Association, the UK
Chamber of Shipping, CMAL, the Commissioners of Northern Lighthouses, the Maritime and
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Coastguard Agency and such other persons as the Council considers are representative of users of
the harbour, give directions for any of the following purposes—
(a) designating areas, routes or fairways in the harbour which vessels are to use, or refrain from
using for movement, mooring or anchorage;
(b) securing that vessels move only at certain times or during certain periods;
(c) securing that vessels make use of descriptions of aids to navigation specified in the
direction;
(d) prohibiting entry into or navigation within any of the main fairways during any temporary
obstruction thereof;
(e) requiring the master of a vessel entering, leaving or intending to enter or leave the harbour
to state the length overall and draught maximum of their vessel;
(f) prohibiting entry into or movement in the harbour by vessels at times of poor visibility due
to the weather or to the presence of dust or smoke provided that no such direction shall
prevent the entry into the harbour or the approaches of any vessel seeking refuge from
stress of weather;
(g) regulating the navigation, berthing, mooring and speed of vessels within the harbour;
(h) regulating the navigation, berthing, mooring, speed and movement of vessels within the
harbour engaged in regattas and other public events in the harbour;
(i) specifying the precautions to be taken in respect of apparatus, machinery and equipment; 
(j) prohibiting or restricting use of fires or lights;
(k) regulating the admission to, and the movement within, and the departure of vessels from,
the harbour, or the removal of vessels, and for the good order and government of vessels
whilst within the harbour;
(l) regulating the use of ferries within the harbour;
(m) regulating the use within the harbour of yachts, sailing boats, sailboards, rowing boats,
rowing punts, pleasure craft, personal watercraft, tugs and other small craft;
(n) regulating the launching of vessels within the harbour; and
(o) making the carrying out of specified harbour operations, or the conduct of persons in the
harbour, subject to the approval (with or without conditions), control or direction of the
harbour master, and authorising the harbour master to take such action as may be
reasonably required in default of compliance with any such condition, control or direction.
(2) A general direction under this article may apply—
(a) to all vessels or to a class of vessels designated, or for which the designation is provided
for, in the direction;
(b) to the whole of the harbour or to a part designated, or for which the designation is provided
for, in the direction; or
(c) at all times or at times designated, or for which the designation is provided for, in the
direction,
and every direction under this article shall specify the extent of its application in relation to the
matters referred to in sub-paragraphs (a), (b) and (c).
(3) The Council may after consultation with the Royal Yachting Association, the UK Chamber of
Shipping, CMAL, the Commissioners of Northern Lighthouses, the Maritime and Coastguard
Agency and such other persons as the Council considers are representative of users of the harbour
revoke or amend any general direction. 
Publication of general directions
23.—(1) Except in an emergency, the Council shall publish notice of the giving of a general
direction and of any amendment or revocation of a general direction as soon as practicable once in
a newspaper circulating in the locality of the harbour, and on a website maintained by the Council,
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and, if the notice relates to the giving or amendment of a general direction, the notice shall state a
place at which copies of the general direction or the amended general direction (as the case may be)
may be inspected.
(2) In an emergency, notice of the giving of a general direction or of the amendment or revocation
of a general direction may be given in any manner considered by the Council to be appropriate.
Special directions to vessels
24.—(1) The harbour master may give a special direction under this article—
(a) requiring a vessel anywhere within the harbour to comply with a requirement made in or
under a general direction;
(b) regulating the time at which, the manner in which and speed at which a vessel shall enter
into, go out of, move within or lie in or at the harbour;
(c) for securing that a vessel move only at certain times or during certain periods;
(d) prohibiting the mooring of a vessel in any particular part or parts of the harbour;
(e) regulating or requiring the movement, mooring or unmooring of a vessel; 
(f) regulating the manner in which a vessel takes in or discharges (from ship to shore or shore
to ship or ship to ship) passengers, cargo, fuel, water, ship’s stores or ballast in the harbour;
and
(g) requiring the removal from any part of the harbour of a vessel if—
(i) it is on fire;
(ii) it is in such condition as to be liable to become immobilised or waterlogged, or to sink,
or to constitute a danger to life (including wildlife) or property;
(iii) it is making an unlawful use of the harbour or interfering with the reasonable use or
enjoyment of the harbour by other vessels or persons; or
(iv) its removal is necessary to enable maintenance or repair work to be carried out at
harbour premises or to premises adjacent thereto.
(2) A special direction may be given in any manner considered by the harbour master to be
appropriate.
(3) The harbour master may revoke or amend a special direction.
Failure to comply with directions
25.—(1) A person who fails without reasonable excuse to comply with a special direction shall be
guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard
scale.
(2) A person who fails without reasonable excuse to comply with a general direction, or who
breaches an approval, condition or requirement of a general direction, is guilty of an offence and
liable on summary conviction to a fine not exceeding level 4 on the standard scale.
Enforcement of special directions
26.—(1) Without prejudice to any other remedy available to the Council, if a special direction is not
complied with within a reasonable time, the harbour master may, where practicable, put persons on
board the vessel to carry out the direction or may otherwise cause the vessel to be handled in
accordance with the direction.
(2) If there is no-one on board a vessel to comply with a special direction, the harbour master may
proceed as if the direction had been given and not complied with; but the harbour master shall not
do so unless, after reasonable enquiry has been made, the master of the vessel cannot be found.
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(3) Reasonable expenses incurred in the exercise of the powers conferred by this article shall be
recoverable by the Council from the owner of the vessel as if they were a charge of the Council in
respect of the vessel.
Master’s responsibility in relation to directions
27. The giving of a general direction or a special direction shall not diminish or in any other way
affect the responsibility of the master of the vessel to which the direction is given in relation to that
vessel, persons on board, its cargo or any other person or property.
Vessels adrift
28.—(1) The owner or master of a vessel adrift in the harbour shall be guilty of an offence and liable
on summary conviction to a fine not exceeding level 2 on the standard scale.
(2) It shall be a defence for the owner or master of a vessel charged with an offence under paragraph
(1) to prove that the vessel did not become adrift as the result of any neglect or default on the part
of that person.
Boarding of vessels
29. The harbour master may enter and inspect a vessel in the harbour, subject to producing their
authority where requested—
(a) for the purposes of any enactment relating to the Council or of any byelaw of the Council
relating to its functions as the harbour authority in respect of the harbour undertaking,
including the enforcement thereof; or
(b) to prevent or extinguish fire,
but, except in an emergency, no entry shall be made under this article without prior written notice
first having been given to the owner or the person appearing to have charge of the vessel, at least 24
hours in advance; and the written notice shall have annexed to it a copy of this article.
PART 4
Financial provisions
Charges other than ship, passenger and goods dues
30.—(1) The Council may demand, take and recover in respect of any dracone or floating dock,
crane, rig, drilling rig or floating plant, which is not a ship as defined by section 57 of the 1964 Act,
entering, using or leaving the harbour such reasonable charges as it thinks fit, and sections 30 and
31 of that Act shall with any necessary modifications apply to the charges authorised by this
paragraph as they apply to ship, passenger and goods dues.
(2) The Council may make such reasonable charges for services and facilities provided by it or on
its behalf in relation to the harbour as it may from time to time determine.
(3) In paragraph (2) “charges” does not include ship, passenger and goods dues as defined by section
57 of the 1964 Act.
Liability for charges
31.—(1) Charges payable to the Council on or in respect of—
(a) a vessel, shall be payable by the owner or master of the vessel; and
(b) goods, shall be payable by the owner, consignee or shipper of the goods.
(2) Where a charge payable to the Council may be recovered from more than one person the persons
from whom it is recoverable shall be jointly and severally liable.
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Power to grant exemptions, rebates, etc., in respect of charges
32.—(1) The Council may confer total or partial exemptions from, allow rebates to or make
compositions with any person with respect to charges, and may vary or extinguish any such
exemption or composition.
(2) Nothing in section 30 of the 1964 Act shall require the Council to include in the list of ship,
passenger and goods dues kept at the harbour office, as required by subsection (1) of that section,
charges reduced by a rebate allowed on, or subject to a compounding arrangement in respect of, a
due included in the said list.
Account of goods
33.—(1) When goods are to be unshipped within the harbour the master of the vessel containing
them shall—
(a) within 12 hours of the arrival of the vessel within the harbour, deliver to the harbour master
the name of the consignee of the goods and a copy of the bill of lading or manifest or, if
part only of the cargo is to be unshipped, a sufficient account in writing of the goods to be
unshipped; and
(b) if required so to do by the harbour master, give to the harbour master 12 hours’ notice of
the time at which any such goods are to be unshipped.
(2) If any difference arises between the harbour master and a master or the owner of goods or
consignee concerning the weight or quantities of goods in respect of which charges may be payable,
the harbour master may cause the goods to be weighed or measured and may detain a vessel
containing such goods until the goods have been so weighed or measured.
(3) Any person who contravenes or fails to comply with the provisions of paragraph (1)(a) or (2),
or with any requirement made under paragraph (1)(b), shall be guilty of an offence and liable on
summary conviction to a fine not exceeding level 3 on the standard scale.
Security for charges
34. The Council may require a person who incurs or is about to incur a charge to deposit with it, or
to guarantee, such sum of money as is, in the opinion of the Council, reasonable having regard to
the amount or probable amount of the charge, and where such a person fails to deposit or guarantee
the sum of money required the Council may detain the vessel in the harbour or goods on or in
harbour premises, in respect of which the charge has been or will be incurred, until the requirement
has been complied with or the charge paid.
Liens for charges
35.—(1) A person who by agreement with the Council collects charges on its behalf and who pays
or gives security for the payment of charges on goods in that person’s possession shall have a lien
on those goods for the amount paid or security given in respect of the amount.
(2) A wharfinger or carrier who is not liable for the payment of charges may pay or by agreement
with the Council give security for charges on goods in its custody, and in that event it shall have a
like lien on the goods for the amount of those charges as it would have in respect of its charges for
safe custody or carriage of the goods, as the case may be.
Refusal to pay charges for landing place, etc.
36. The Harbour Master may prevent a vessel from using a landing place or any other facilities
provided by the Council, if the master of the vessel refuses to pay the charges for such use.
Exemptions from charges
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17 
37.—(1) Except in so far as may be agreed between the Council and the government department or
person concerned or as may be specifically laid down by statute, nothing in any enactment
authorising the Council to levy charges shall extend to authorise it to levy charges on—
(a) a vessel—
(i) belonging to or in the service of His Majesty or any member of the Royal Family;
(ii) in the service of the Commissioners of Customs and Excise and not carrying goods for
reward;
(iii) in the service of the Commissioners of Northern Lighthouses and not carrying goods
for reward; or
(iv) belonging to or used by the lifeboat service whilst employed in or in connection with
the functions of that service;
(b) the Commissioners of Customs and Excise in respect of a vessel or goods under customs
seizure;
(c) troops landed at the harbour premises or a person employed by the Secretary of State for
Defence while in the execution of their duty; or
(d) goods or stores belonging to the Secretary of State for Defence.
(2) Officers of the Department for Transport and of the Ministers in the execution of their duty shall
at all times be exempt from charges in respect of their vessels and otherwise.
(3) This Order shall not extend to subject any person to liability for charges in respect of a vessel
which merely passes through the limits of the harbour without mooring or making use of any
facilities provided by the Council.
Conditions as to payment of charges
38.—(1) Charges shall be payable subject to such terms and conditions as the Council may from
time to time specify in its published list of charges.
(2) Without prejudice to the generality of paragraph (1) the terms and conditions may prescribe the
time when a charge falls due for payment and may require such information to be given to the
Council by the owner or master of a vessel or a person using a service or facility of the Council as
the Council may require in connection with the assessment or collection of a charge.
Reserve funds
39.—(1) If in respect of any financial year the moneys received by the Council on account of the
revenue of the harbour undertaking exceed the moneys expended or applied by it in respect thereof,
the Council may in respect of that year carry to the credit of a reserve fund in respect of the harbour
undertaking such a sum as it considers reasonable not exceeding the amount of such excess.
(2) Moneys for the time being standing to the credit of the reserve fund may be invested in any
securities in which officers are for the time being authorised to invest moneys including debenture
stock or other security created by the Council.
(3) Any reserve fund provided under this article may be applied—
(a) in making good to the regional rate fund any deficiency at any time arising in the income
of the Council from the harbour undertaking;
(b) in meeting any extraordinary claim or demand at any time arising against the Council in
respect of the harbour undertaking;
(c) in defraying any expenditure in connection with the harbour undertaking for which capital
is properly applicable or in providing money for repayment of loans;
(d) in defraying expenditure to be incurred from time to time in repairing, maintaining,
replacing and renewing buildings, works, plant, vessels, equipment or articles forming part
of the harbour undertaking; or
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18 
(e) for any purpose which in the opinion of the Council is desirable in the interests of securing
the improvement, maintenance or management of the harbour in an efficient and
economical manner or of facilitating the efficient and economic transport of goods or
passengers by sea to or from the harbour.
(4) The Council may exercise the powers of this article so as to provide a combined reserve fund in
respect both of the harbour undertaking and any other similar undertaking relating to any other
harbour in respect of which the Council is the harbour authority, and the foregoing provisions of
this article as to a reserve fund shall apply with all necessary modifications to any such combined
reserve fund.
(5) Any monies held in any combined reserve fund referred to in paragraph 4 may be applied for
the purposes of any of the Council’s harbour undertakings.  
PART 5
Miscellaneous
Saving for Commissioners of Northern Lighthouses
40. Nothing in this Order shall prejudice or derogate from any of the rights, duties or privileges of
the Commissioners of Northern Lighthouses. 
Saving for CMAL and ferry operator
41.—(1) Nothing in this order shall prejudice or derogate from any of the rights, duties, or privileges
of CMAL.
(2) Where any exercise by the Council of its powers under article 5 (power to maintain etc. the
harbour), article 9 (power to dredge), article 20 (byelaws) or article 22 (general directions to vessels)
is likely to impact materially on the regular operations of CMAL or the ferry operator within the
harbour limits in connection with the operation of the relevant ferry services, within the harbour
limits, the Council shall, prior to exercising such powers, consult with CMAL and the ferry operator
and shall have due regard to any representations made by CMAL and/or the ferry operator.
Crown rights
42.—(1) Nothing in this Order affects prejudicially any estate, right, power, privilege, authority or
exemption of the Crown and in particular and without prejudice to that generality, nothing in this
Order authorises the Council to take, use, enter upon or in any manner interfere with any land or
any rights of whatsoever description (including any portion of the shore or bed of the sea or any
river, channel, creek, bay or estuary)—
(a) belonging to His Majesty in right of the Crown and forming part of the Crown Estate
without the consent in writing of Crown Estate Scotland;
(b) belonging to His Majesty in right of the Crown and not forming part of the Crown Estate
without the consent in writing of the government department having management of that
land or (as the case may be) the relevant person; or
(c) belonging to a government department or held in trust for His Majesty for the purposes of
a government department without the consent in writing of that government department.
(2) A consent under paragraph (1) may be given unconditionally or subject to terms and
conditions; and shall be deemed to have been given in writing where it is sent electronically.
Repeals and revocations
43. The enactments mentioned in the first and second columns of the Schedule are repealed or
revoked to the extent specified in the third column of that Schedule. 
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19 
SCHEDULE Article 43
Repeals
Number Short title Extent of repeal
c. li Pier and Harbour Orders
Confirmation Act 1862 
The entire Act insofar as
applicable to the harbour. 
c. xciii Pier and Harbour Orders
Confirmation Act 1864 
The entire Act insofar as
applicable to the harbour. 
c. clxxvii Piers and Harbour Orders
Confirmation (No.5) Act, 1896
Articles 2, 4-28, 30-59 and
First and Second Schedules in
so far as applicable to the
harbour. 
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20 
EXPLANATORY NOTE
(This note is not part of the Order)
This Order updates the existing legislation for Oban harbour in line with the current needs of Argyll
and Bute Council as the harbour authority for Oban harbour and Oban harbour users from the date
it comes into force.
The Order defines the harbour limits and confers updated powers on the Council, including powers
to lease and powers as regards the making of byelaws and issuing of general and special directions.
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Page 33

!
!
!
!
!
! !
!
1
2
3
4
5
6 7
8
Eilean
nan Uan
Ardantrive
Bay
Cnoc Poll a'
Mhinisteir
Rudha a
Cruidh
Rubh' a'
Bhearnaig
Cnoc Càrnach
Dunollie Beg
Maiden
Island
Lochan Dubh
PennyfuirKerrysdale
Ganavan
Ganavan Bay
Port
Kerrera
Druim Mòr
Ardcuan
Lenas House
Gleann
Sheileach
Oban
Bay
Tullich
Soroba Burn
OBAN
Soroba Burn
Lower Soroba
Soroba
Polvinister
Cruach Soroba
Glencruitten
Yulara
Carn
Breugach
Tigh Mhairi
Eilean nan
Gamhna
Sìdhean
Riabhach
Ardchoirc
Barr nan
Cadhag
Ellery Hill
The Anchorage
Dùn
Uabairtich
Mount Stewart
±
0 0.5 1 1.50.25
km
Oban Bay
Harbour Revision Order
Harbour Limits Plan
±
0 100 20050
m
The Council shall exercise jurisdiction as a harbour
authority within which the powers of the Harbour
Master are exercisable. The Harbour Jurisdictional
coastal and internal limits defined as below Mean
High Water Springs (MHWS). The External Limits are
defined as the area enclosed by -
(a) In the south, a straight line across Kerrera Sound
from:
(b) In the north, straight lines joining the positions:
Coordinates in OSGB36 / British National Grid.
Harbour Office
North Pier
Oban
Argyll
PA34 5NH
© Contains OS data © Crown copyright and database right, 2023.
Inset
Point Easting Northing
1 183320 728235
2 182932 728565
Point Easting Northing
3 184103 731226
4 183223 731271
5 183249 731787
6 184025 732862
7 184744 732825
8 185279 732259
Date: 20/06/2023
1:20,000 @ A3
Map Projection:
British National Grid
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Page 35

Appendix B for Argyll & Bute Harbour Board meeting 31st August 2023 
67230129v1 
NOTE ON AMENDMENTS TO THE OBAN HARBOUR REVISION ORDER BETWEEN SEPTEMBER 2022
AND AUGUST 2023
1 Introduction
1.1 Since September 2022 Argyll & Bute Council ("the Council") has engaged in informal pre-application
consultation with, amongst other bodies, Transport Scotland, the Northern Lighthouse Board, CMAL
and the Oban Community Harbour Development Association, in respect of the proposed harbour
revision order ("the Order") for Oban harbour ("the Harbour"). As a result, the Council, with external
legal support, has amended the draft Order.
1.2 The material changes made to the draft Order as a result of the informal consultation process are set
out in this note. This note does not include those changes made for clarity or drafting reasons, or which
are technical in nature. 
1.3 It should also be noted that the order of provisions within the draft Order has changed. This note does
not refer to any changes in the order of the provisions.
2 Material changes
2.1 Limits of the Harbour (article 4) – the limits of the Council's jurisdiction as harbour authority for the
Harbour are now narrated within article 4 of the draft Order rather than being placed in a Schedule.
Article 4 now states that the Council will not exercise jurisdiction over the railway pier, in respect of
which CMAL is the harbour authority. However, this provision merely clarifies the existing position and
does not reflect a substantive change.
2.2 General powers of the Council (article 5) – this provision has been amended to provide in greater
specificity the general powers of the Council to manage the Harbour and is modelled on recent harbour
orders conferring powers on harbour authorities. 
2.3 Harbour Master (article 5 of the original draft Order) – this provision has been removed as the draft
Order now incorporates provisions of the Harbours, Docks and Piers Clauses Act 1847 allowing it to
appoint a harbour master.
2.4 Restriction of works and dredging (article 10) – article 10(1) has been amended to allow for persons
who have been licensed by the Council, as well as contracted, to undertake works and/or dredging.
Provision has been made at article 10(4) to the extent that CMAL's contractors are not bound by the
restriction on dredging in the approaches to the railway pier, but prior to carrying out any such
operations it must consult with the Council.
2.5 Parking places (article 11) – a new article 11 has been added allowing the Council to provide facilities
within the Harbour for parking vehicles and to provide infrastructure and make charges for the use of
the same. 
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2
67230129v1 
2.6 [Publication of Council's annual statement of accounts (article 19) – a new article 19 has been
added to require the Council to provide an annual statement of accounts in respect of the Harbour.
This is in accordance with the provisions of the Harbours Act 1964.]
2.7 Byelaws (article 20) – this article has been consolidated to remove powers which are already
contained within article 22 of the draft Order (General directions to vessels).
2.8 General directions to vessels (article 22) – this article now includes further provisions giving the
Council greater powers to give general directions regulating the navigation and movement of vessels
within the Harbour; the use of yachts, sailing boats, pleasure craft and other small craft within the
Harbour; and the carrying out of specified harbour operations or conduct of persons in the Harbour.
The article has also been amended to require consultation with the UK Chamber of Shipping, CMAL,
the Commissioners of Northern Lighthouses, the Maritime and Coastguard Agency and other persons
such as the Council considers are representative of users of the Harbour in respect of such general
directions, as well as the Royal Yachting Association. 
2.9 Failure to comply with directions (article 25) – it is now an offence for a person to fail to comply
with a general direction as well as a special direction. 
2.10 Recovery of charges by seizure (article 33 of the original draft Order) – this provision has been
removed as the draft Order now incorporates provisions of the Harbours, Docks and Piers Clauses
Act 1847 which grants the Council such powers.
2.11 Saving for CMAL and ferry operator (article 41) – provisions exempting vessels operated by the
ferry operator in connection with the relevant ferry services have been removed. In addition, the
provision providing that the Council cannot levy ship, passenger or goods dues in respect of any vessel
entering the Council's jurisdiction solely to take access to and from the railway pier have been deleted
in order to allow the Council to make such charges where appropriate.
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Appendix C for Argyll & Bute Harbour Board meeting 31st August 2023 
Argyll and Bute Council Harbour User Consultative Forums 
Terms of Reference: Oban Harbour 
Our vision is to work collaboratively for a safe, sustainable, inclusive and accessible harbour
for communities, businesses and visitors whilst promoting equality, tackling climate change
and supporting a thriving economy. 
1. Document Purpose 
1.1 The purpose of this document is to set out the arrangements for the consultation and
stakeholder engagement framework which Argyll and Bute Council (ABC) will put in
place in regard to the operational arrangements for Oban Municipal Harbour Authority.
These proposals will effectively replace the Oban Bay Management Group and the
various Port User and Safety groups which are in place or were in place previously. 
1.2 These Terms of Reference will be shared with the Oban Bay Management Group
(OBMG) for their consideration. Feedback from the OBMG will form part of a report to
the Harbour Board who will be asked to consider and agree the final terms of Reference
for the Municipal Harbour Board. 
2. Oban Harbour – Strategic Purpose 
2.1 Oban Harbour is a strategic marine transport hub used for commercial shipping, ferry
traffic to numerous islands, tourism and recreational use. The safe and effective use of
Oban Harbour will be managed by the council through its Harbour Board, in line with the
Council’s other ports and harbours. The Council welcomes stakeholder involvement and
the proposals for this involvement is set out below. 
3. The Guide to Good Practice on Port Marine Operations (Port Marine Guide to Good
Practice DfT Feb 2018) 
3.1 The Guide to Good Practice on Port Marine Operations states: ‘Safety in the port marine
environment is not just a matter for the organisation, its officers, contractors or its
authorised pilots. Users are also required to minimise risk to themselves and others, in
doing so they must be able to put forward to the organisation their views on the
development of appropriate safety policies and procedures. 
3.2 It follows therefore that organisations need to consult, as appropriate with two main
groups: marine users, both commercial and leisure, and local interests and communities. 
3.3 Port marine operations are technical matters – well understood by experienced harbour
masters or port marine practitioners, but perhaps much less so by the wider public,
including many recreational users. It is important that the appropriate involvement of
wider interests safeguards the organisations position – responsibility for managing
safety in a harbour rests with the organisation.’ 
4. Stakeholder Engagement
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Appendix C for Argyll & Bute Harbour Board meeting 31st August 2023 
4.1 Argyll and Bute Council (ABC) is currently the Harbour Authority for the area around
North Pier, Oban, and will become the Municipal Harbour Authority for the wider Oban
Harbour, subject to Scottish Ministers approving the Harbour Revision Order (HRO)
which has been submitted to Transport Scotland. In addition to ABC three other
organisations: Caledonian Marine Assets Ltd (CMAL), CalMac Ferries Ltd (CFL) and
Northern Lighthouse Board (NLB) have financial and legal responsibility for the
management of parts of Oban Bay 
4.2 The day to day management of the Harbour will require close working co-operation and
communication between these organisations and this shall be formalised for
transparency in a management co-ordination forum. It is also important that all
stakeholders, interested bodies, communities and users of Oban Harbour have
participation in how the harbour is used and managed. 
4.3 In order to ensure good and effective communication Argyll and Bute Council therefore
proposes to create two forums, the minutes of these forums being reported to the
Council’s Harbour Board who, along with the Duty Holder, have a strategic overview of
the Council’s marine assets and operations. The formal governance of the Council’s
marine assets is covered in the Council’s Constitution. 
4.4 The Terms of Reference and invitees of the two forums will be reviewed on an annual
basis. The two consultative forums being: 
1. Oban Harbour User Consultative Forum – this forum to be open to all
stakeholders including: leisure, fishing fleet, commercial, cruise ship
agents/companies, Island communities, community councils, and the
organisations listed in 2 below. 
The forum will be chaired by the Council’s Harbour Master with secretarial support
from the Council’s Roads and Infrastructure team. Minutes will be produced in
accordance with the Council’s standard practice for minutes and published on the
Council web site and also reported to the Council’s Harbour Board. 
The meetings will be held virtually by MS Teams to facilitate attendance by all
interested parties, including those located remotely from Oban. 
2. Oban Harbour Management Co-ordination Forum – This forum to be open to
the organisations with financial and legal responsibility for the management of
parts of Oban Bay, currently these being: Argyll and Bute Council, Northern
Lighthouse Board, Caledonian Marine Assets Ltd (CMAL) and CalMac Ferries Ltd
(CFL). 
The forum will be chaired by a senior officer of the Council with secretarial support
from the Council’s Roads and Infrastructure team. Minutes will be produced in
accordance with the Council’s standard practice for minutes and published on the
Council web site and also reported to the Council’s Harbour Board. 
The meetings will be held virtually by MS Teams or face to face, to be agreed by
the chair.   
The detail of the two forums and their relationship is set out below: 
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Appendix C for Argyll & Bute Harbour Board meeting 31st August 2023 
Argyll and Bute Harbour Board 
Harbour Master/Marine
Management Structure – formal
reporting to Harbour Board
Argyll and
Bute Council
Duty Holder
Designated
Person
Marine
Management
Structure
Oban Harbour
‘Stakeholder and
User Group’
Groups/organisations with a
vested interest in Oban Harbour
Oban Harbour
‘Liaison Group’
Organisations with a financial and
legal responsibility for parts of
Oban Bay
Argyll and Bute Council, CMAL,
NLB, CalMac
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Appendix C for Argyll & Bute Harbour Board meeting 31st August 2023 
Forum 1 - Oban Harbour User Consultative Forum 
The Oban Harbour User Consultative Forum will be chaired by the Argyll and Bute Council
Oban Harbour Master. The forum will meet a minimum of twice a year but as frequently as
is deemed necessary to achievement of objectives or if specific issues arise. The forum
through the chair will determine the meeting frequency. 
Argyll and Bute Council reserve the right to not involve the forum in the instances where
emergency action is required or there are commercial or other confidences involved.
Matters to be raised by stakeholders to be notified to the secretarial 5 working days prior to
the meeting. 
The forum will co-ordinate user and stakeholder input with objectives being to provide a
form for: 
 Discussion on Navigational Safety. Review Incidents, accidents, ‘Aids to Navigation’
and improvement ideas. Review and provide input for Risk Assessments. 
 Discussion on Health, Safety and Environment. Raise and discuss harbour relevant
issues. 
 To consult and communicate with constituted Community Council groups about the
needs of the community and the options available to the public bodies for delivering
infrastructure and services which will meet community needs, are affordable,
deliverable and be fit for purpose. 
 To provide and co-ordinate users and community feedback to Argyll and Bute
Council’s Harbour Board as the Statutory Authority Organisation. 
 The review of the terms for harbour use and the communication and consultation for
planned works. 
The forum will meet a minimum of twice a year and in addition to that will be convened more
frequently as is deemed necessary by the Chair to ensure progress and achievement of
objectives 
Proposed fixed agenda items: 
1. Attendees: Welcome and introductions.
2. Previous Minutes: Accept and approve.
3. Questions – opportunity to raise any issues (issues to be notified at least 5 days
prior to the meeting to enable comprehensive answers to be supplied).
4. Navigational Safety: Incidents, accidents, ‘Aids to Navigation’ and improvement
ideas. Notices to Mariners, Review selected Risk Assessments.
5. Health, Safety and Environment: Harbour relevant issues raise and discuss.
6. Harbour Development: Terms of Harbour use and any plans for works.
7. Engagement and Communication: Review the means and methods of information
sharing and feedback.
8. Planned events within or near the Harbour limits
9. Moorings and infrastructure matters
10. Next meeting: Set or provisional date of next forum meeting. 
Date Last Updated: March 2023 
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Appendix C for Argyll & Bute Harbour Board meeting 31st August 2023
Date of Next Review: March 2024 
Forum 2 - Oban Harbour Management Co-ordination Forum 
The Oban Harbour Management Co-ordination Forum is to open to the organisations with
a financial and management responsibility for operating parts of Oban Bay, currently these
being: Argyll and Bute Council, Northern Lighthouse Board, Caledonian Marine Assets Ltd
(CMAL), CalMac Ferries Ltd (CFL). 
The Oban Harbour User Consultative Forum will be chaired by a senior officer of the
Council. The forum will meet a minimum of twice a year but as frequently as is deemed
necessary to achievement of objectives or if specific issues arise. The forum through the
chair will determine the meeting frequency. Argyll and Bute Council reserve the right to not
involve the forum in the instances where emergency action is required or there are
commercial or other confidences involved. Matters to be raised by stakeholders to be
notified to the secretarial 5 working days prior to the meeting. 
The objectives of this forum being to provide a forum: 
 For discussion on Navigational Safety. Review Incidents, accidents, ‘Aids to
Navigation’ and improvement ideas. Review and provide input for Risk
Assessments. 
 For discussion on Health, Safety and Environment. Raise and discuss harbour
relevant issues. 
 To consult and communicate across the organisations who have financial and legal
responsibility for the management of parts of Oban Bay. 
 To provide and co-ordinate users and community feedback to Argyll and Bute
Council’s Harbour Board as the Statutory Authority Organisation. 
 For the review of the terms for harbour use and the communication and consultation
for planned works. 
 To co-ordinate works, promote collaboration and joint working. 
 For discussion of any other relevant issues pertaining to the operations within the
harbour of the stakeholders 
The forum will meet a minimum of twice per year and in addition to that will be convened
more frequently as is deemed necessary by the Chair to ensure progress and achievement
of objectives 
Proposed fixed agenda items: 
1. Attendees: Welcome and introductions.
2. Previous Minutes: Accept and approve.
3. Updates from organisations
4. Navigational Safety: Incidents, accidents, ‘Aids to Navigation’ and improvement
ideas. Review selected Risk Assessments., Notices to Mariners 
5. Health, Safety and Environment: Harbour relevant issues raise and discuss.
6. Harbour Development: Terms of Harbour use and any plans for works.
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Appendix C for Argyll & Bute Harbour Board meeting 31st August 2023
7. Engagement and Communication: Review the means and methods of information
sharing and feedback.
8. Joint working and collaboration opportunities 
9. Next meeting: Set or provisional date of next forum meeting. 
Date Last Updated: March 2023 
Date of Next Review: March 2024 
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ARGYLL AND BUTE COUNCIL  ARGYLL AND BUTE HARBOUR BOARD 
ROADS AND INFRASTRUCTURE SERVICES      31st AUGUST 2023 
PORT MARINE SAFETY CODE 
1.0 INTRODUCTION 
1.1 This report provides an update on progress being made towards compliance with
the Port Marine Safety Code (PMSC) and presents the latest version of the
Marine Safety Management System (MSMS) to be published if approved on the
Argyll & Bute Council website. 
1.2 It presents 4 Policy Statements for inclusion in the MSMS for approval. 
1.3 It also introduces a proposed formal review, update and reporting cycle for
maintaining the MSMS and Marine Safety Plan into the future 
2.0 RECOMMENDATIONS 
2.1.  Members of the Harbour Board are asked to:- 
2.1.1 Note and consider this report;
2.1.2 Approve the future review, update and reporting procedure for the Marine Safety
Management System (MSMS) and Marine Safety Plan, being on a fixed three
year cycle with a summary of small changes, or earlier if a substantive change is
highlighted by Designated Person or Duty Holder;
2.1.3 Note the revised number of ports, harbours and marine facilities within the
Council’s jurisdiction following legislation review and consolidation;
2.1.4 Approve the Policy Statements (Appendices A, B, C & D) for inclusion and
publication with the MSMS; and
2.1.5 Approve the new version (Volume I) of the Marine Safety Management System
(appendix E) for publishing to the Council’s website. 
3.0 PMSC Reporting Cycle 
3.1 The PMSC sets out a national standard and identifies ten key measures as a
benchmark against which successful high-level implementation of the code can
be compared. The ten key measures identified in the code are as follows: 
1. Duty Holder
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2. Designated Person 
3. Legislation 
4. Duties and Powers 
5. Risk Assessment 
6. Marine Safety Management System (MSMS) 
7. Review and Audit 
8. Competence 
9. Plan 
10. Aids to Navigation 
3.2 Monitoring, reviewing and auditing of the Council as an Organisation under the
Code, is a key requirement. Annual independent audits of the Marine Safety
Management System are provided by the Designated Person (DP) and are
planned for September each year. This process allows for the DP to report on the
effectiveness of the system to the Duty Holder and Harbour Board. 
Outputs from the audit cycle will be presented to the Duty Holder and Harbour
Board to be considered and recorded along with the Remedial Measures Action
Plan annually. 
3.3 The DP will also produce an annual statement in the first quarter of each
calendar year and provide a statement regarding the Council’s compliance
with the code. This will also be presented to the Duty Holder and the Harbour
Board. 
3.4 Internal audits are an important check on the operational compliance at the ports
and are carried out to assist in the early identification and eradication of any
deficiencies as a priority. The internal audit checks will this year be carried out at
Rothesay Harbour and will continue to precede the External Assurance Audit
timetable. They are carried out by Argyll & Bute Council appointed Harbour
Masters, which helps the continuity of the standards across all of our ports.   
3.5 The Marine Safety Plan is developed for a fixed 3 year period and contain targets
set and agreed by the service for that period. 
The targets are an important indicator of intent and performance and will be
reported annually, as well as being published annually on the Council’s website. 
3.6 The review of the MSMS should be continuous and robust and will form an
integral part of marine staff internal reporting on a regular basis. Where
nonmaterial changes are required following audits or review or where guidance
or advice is received from statutory bodies, then such changes are to be decided
upon by the Marine Operations Manager and approved by the Duty Holder.
Significant changes will result in a reissue of the MSMS, to be approved by the
Harbour Board. 
3.7 In addition to the above Management of Change, it is proposed that the MSMS
will be re-issued every three years to coincide with the issue of the new Safety
Management Plan. 
This will include a summary of all small changes over the period and will be
approved by the Argyll & Bute Council Harbour Board. 
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3.8 As a minimum, proposed Harbour Board reporting can be summarised as: 
3.8.1 
Report Frequency Description
PMSC
Audit
Annual The outcomes of the DP External Assurance Audit,
programme of internal & external audits and update
to the Remedial Measures Action Plan.
DP
Statement
Annual Designated Person annual statement in Q1 of each
calendar year, update to the Remedial Measures
Action Plan and annual results of Marine Safety
Plan for approval before publication.
Marine
Safety
Plan
3 yearly Presentation of the new 3 year Safety Plan for
approval before publication.
MSMS 3 yearly Irrespective of changes, a new edition of the Marine
Safety Management Plan presented for approval
before publication, including a summary of small
changes made to date. To be aligned with each new
Marine Safety Plan.
MSMS As
required
Any changes required which the Duty Holder agrees
are material or significant will result in a reissue of
the MSMS, to be approved by the Harbour Board
before publication. 
4.0 Policy Statements 
4.1 Marine Policy statements assist with public and facility user understanding and
clarify the intentions of the Harbour Authority. 
It is proposed that all changes to Policy Statements will be presented to the Duty
Holder and Harbour Board for approval before publication. 
They are attached to this report as: 
4.1.1 Marine Conservancy & Hydrographic Policy (appendix A) 
4.1.2 Navigational Safety, Pilotage & Towage Policy (appendix B) 
4.1.3 Marine Training Policy (appendix C) 
4.1.4 Enforcement Policy (appendix D) 
5.0  Marine Safety Management System 
5.1 The PMSC requires in sections 3, 4, 6 & 7 that the Harbour Authority review its
legislation and as well as the Marine Safety Management System itself. An
extensive review has been undertaken by both the Marine staff and ABPMer. 
The completed version is presented for Harbour Board approval and is attached
to this report (appendix E).
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5.2 It is perhaps not surprising when dealing with inherited legislation of significant
age that Harbour Orders have now been confirmed for 7 Council locations. 
Also, the opportunity has been taken at this time to consolidate marine facilities
within a port or harbour area into one managed location.  
5.3 Argyll and Bute Council is the Statutory Harbour Authority at 7 locations and a
marine asset owner at a further 29 marine facilities located throughout the Council
area. 
The Council’s Statutory Harbour Authorities are namely: 
5.3.1 Oban North & South Pier, by virtue of the ‘Oban Pier and Harbour Orders 1862
to 1988’. 
5.3.2 Dunoon Harbour, by virtue of ‘The Pier and Harbour Orders Confirmation Acts
1895 to 1906’. 
5.3.3 Rothesay Harbour, by virtue of the ‘Rothesay Harbour Acts and Orders 1831 to
1937’. 
5.3.4 Campbeltown Harbour, by virtue of ‘Campbeltown Harbour Acts and Orders 1846
to 2011’. 
5.3.5 Craignure Harbour, by virtue of the ‘Argyll County Council (Arinagour and
Craignure Piers, etc) Order 1961’. 
5.3.6 Carradale Harbour, by virtue of the ‘Pier and Harbour Orders Confirmation (No 3)
Act, 1901’.   
5.3.7 Port Askaig, by virtue of the ‘Islay Piers Order 1904’.   
5.3.8 In addition, the Council is also the Competent Harbour Authority in respect of
Pilotage, under the requirements of the Pilotage Act 1987, at Campbeltown
Harbour. 
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5.4 The marine facility map now appears as follows 
5.5 For the purpose of the MSMS the locations are grouped into regions which include
both SHAs and marine facilities as follows: 
5.5.1 Bute, Cowal & Clyde 
1. Rothesay Harbour [Statutory Harbour Authority] 
2. Tighnabruaich Pier
3. Dunoon [Statutory Harbour Authority] 
 Dunoon Harbour Pier 
 Dunoon Harbour Jetty 
4. Kilcreggan Pier 
5. Helensburgh Pier 
5.5.2 Kintyre, Islay, Gigha and Jura 
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6. Campbeltown Harbour [Statutory & Competent Harbour Authority] 
 Campbeltown old quay 
 Campbeltown new quay 
 Campbeltown Marina 
 Dalintober Jetty 
7. Carradale Harbour [Statutory Harbour Authority] 
8. Tayinloan Ferry Slip
9. Gigha Ferry Slip (Gigha) 
10. Gigha South Pier (Gigha) 
11. West Loch Tarbert 
12. Port Askaig (Islay) [Statutory Harbour Authority] 
13. Bruichladdich Pier (Islay) 
14. Port Charlotte (Islay) 
15. Craighouse Pier (Jura) 
16. Feolin Ferry Slip (Jura) 
5.5.3 Oban, Mull and the Isles 
17. Oban Harbour [Statutory Harbour Authority] 
 Port Beag Slip 
 North Pier 
 Times Slip 
18. Port Appin 
19. Lismore Point (Lismore) 
20. Ellenabeach Pier (Seil) 
21. Cuan South Slip (Seil) 
22. Cuan North Slip (Luing) 
23. Easdale Slips (Easdale) 
24. Craignure Pier (Mull) [Statutory Harbour Authority] 
25. Bunessan Pier (Mull) 
26. Fionnaphort Ferry Slip (Mull) 
27. Iona Ferry Slip (Iona)   
5.5.4 Slipways and other locations 
28. Achnacroish Pier (Lismore) 
29. Achnacroish Ferry Slip (Lismore) 
30. Arinagour Old Pier (Coll) 
31. Crinan Ferry Slips
32. Crinan Harbour Quay
33. Keills Mainland (Sound of Jura) 
34. I Lagg (Jura / Sound of Jura) 
35. Otter Ferry (Loch Fyne) 
36. St.Catherine’s Slip (Upper Loch Fyne) 
6.0 Remedial Measures Action Plan 
6.1 The PMSC Assurance Audit process is designed to provide a process of
continuous improvement and learning. A Remedial Measures Action Plan was
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created following previous audits and is noted in the table below with updates on
progress.  
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Remedial Measures Action Plan: August 2023
Item
No
Deficiency Remedy Status Deadline 
3 Legislation: The
Marine Safety
Management
System not
listing the
relevant Acts or
Orders
Ensure the latest
version of the MSMS
lists the relevant
Acts and Orders. 
The latest version of the MSMS
contains a list of the relevant legislation
Completed
4 Appointment
letters for
Statutory
Positions
(Harbour
Masters)
Issue Argyll & Bute
Council appointment
letters to Harbour
Masters
Appointment letters issued for all
Harbour Masters
Completed
5 a. Risk
assessments
for each
location.
b. Document
stakeholder
engagement
c. MSMS does
not stipulate
review period
or address
Dynamic
Risk
Assessment.
a. Enable MARNIS
databank to be
set up for all
locations.
b. Local stakeholder
input to be kept
on record or by
email.
c. MSMS to be
reviewed with
revisions.
Dynamic Risk
Assessment to
be addressed in
the document
ABPmer MARNIS support will set up
‘Location tabs’.
Volume II and III of the MSMS will be
MARNIS based and contain site
specific Standard Operating
Procedures, checklists and Forms. 
Stakeholder engagement being
recorded. 
Dynamic Risk Assessment addressed
in the latest version of the MSMS
Completed in MSMS
MARNIS work completed August
2023.
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and at the
locations.
6 MSMS has no
annex for all
locations.
MSMS to be
reviewed with
revisions. All
locations to be
included as
individual standard
format annex.
MARNIS will hold Volume II & III which
includes location specific information
for each location.
MARNIS work completed August
2023.
9 MSP not
assessed and
performance
published.
Marine Safety Plan
to be assessed and
performance
published.
New format Marine Safety Plan
published with review.
Completed
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6.2 It remains officer’s ambition to achieve full compliance with the Code and to this
end the advice from the DP is being closely followed. 
7.0 CONCLUSION 
7.1 This report provides Members with an update on the progress towards full
compliance with the PMSC. 
8.0 IMPLICATIONS 
8.1 Policy – Any changes to Council policies will have to be reflected in the
Council’s Marine Safety Management System (MSMS).  
8.2 Financial - None arising from this report.  
8.3  Legal - Failure to comply with the PMSC could have legal consequences
following a marine incident. 
8.4  HR - None. 
8.5  Fairer Scotland Duty:   
8.5.1   Equalities - protected characteristics - None directly arising from this report. 
8.5.2   Socio-economic Duty - None directly arising from this report. 
8.5.3 Islands - Compliance with the PMSC will help ensure safe and effective port
operations. 
8.6 Climate Change – due regard will be given to climate change with a view to
minimising any climate change impact and these will be considered as and
when they arise. 
8.7  Risk -  Compliance with the PMSC will minimise the risk of port operations. 
8.8  Customer Service - Compliance with the PMSC will assure customers and port
users; and assist council staff with safe operations. 
Executive Director with responsibility for Roads and Infrastructure Services:
Kirsty Flanagan 
Head of Roads and Infrastructure Services: Jim Smith 
Policy Lead for Roads and Infrastructure: Councillor Andrew Kain 
August 2023                                                  
For further information contact:
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Scott Reid, Marine Operations Manager Tel: 01546 604 696
Jim Smith, Head of Roads and Infrastructure Services Tel: 01546 604 324 
APPENDIXES 
Appendix A Marine Conservancy & Hydrographic Policy
Appendix B Navigational Safety, Pilotage & Towage Policy
Appendix C Marine Training Policy
Appendix D Enforcement Policy
Appendix E Volume I of the Marine Safety Management System 
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Appendix A Marine Conservancy & Hydrographic Policy
Marine Conservancy & Hydrographic Policy 
1. General Powers of Harbour Conservancy 
Argyll and Bute Council as Harbour Authority has a duty to conserve the harbours for which
it has responsibility, thus ensuring they remain fit for purpose to enable the various
stakeholders and Argyll and Bute Council clients to use the ports successfully and safely. 
This includes the provision of information regarding depths of water in the harbour and
approaches, local notices to mariners etc. The Harbour Authority also has the powers as the
Local Lighthouse Authorities (LLA), as providers of aids to navigation (AtoN). 
To achieve the conservancy requirements, the Harbour Authority is committed to: 
 Survey as necessary to identify the best navigable channels for vessels to navigate.
 Place and maintain navigation marks where they will be of the best use to navigation
(both for night and day).
 Keep a ‘vigilant watch’ for any changes in the seabed affecting the channel or
channels and move or renew navigation marks as appropriate.
 Keep proper hydrographic and hydrological records.
 Publish as conspicuously as possible such further information that will supplement
the guidance given by navigation marks. 
Argyll and Bute Council may regulate, manage, mark and light the harbour and provide
accommodation and harbour facilities in the harbour. 
2. Hydrographic Survey 
Argyll and Bute Council is responsible for establishing and pursuing a programme of harbour
hydrographic surveys and maintenance of navigational channels. Its responsibilities include: 
 Responsibility for all hydrographic surveying and associated record keeping for
harbour areas carried out to Special Order standard.
 Ensuring the frequency and methodology for hydrographic survey operations is
determined primarily by risk assessment, rather than by the blanket adoption of a set
of rigid criteria.
 Preparing and collating up to date information on channel data for the UK
Hydrographic Office (UKH0).
 Making current survey information available to harbour users and scheduled ferry
operators.
 Liaising with the UK Hydrographic Office to improve the relevancy and accuracy of
harbour charted information. 
The Marine Operations Manager has in place a survey programme contracted to a
competent hydrographic survey provider. 
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Appendix A Marine Conservancy & Hydrographic Policy
3. Tidal Heights and Meteorological Conditions 
Argyll and Bute Council have installed equipment within its harbours to enable observations
of the rise and fall of the tide to be made. 
Within their statutory harbours, tidal height observations and readings are subject to regular
visual check against a local tide staff board to ensure correct operation and repair and
maintenance is contracted to a competent provider. 
In addition to tidal information, Argyll and Bute Council also monitor and record data on
prevailing conditions such as wind strength and direction and barometric pressure. 
4. Dredging 
The Harbour Authority have the mandate (subject to consent from the landowner and
Marine Scotland) to undertake dredging operations for maintenance or channel
improvement purposes. The results of hydrographic surveys are analysed to establish the
need for maintenance dredging. 
All dredging operations will potentially be subject to an Environmental Impact Assessment
(EIA) and/or a Best Practicable Environmental Option (BPEO) assessment and acquisition of a
licence to dispose of dredging spoil. Notice of such operations is communicated to all facility
stakeholders and publicised as for survey operations. 
It is also considered as best practice by Argyll and Bute Council to undertake, when
necessary, a local EIA for any operation/process with the potential to affect the local flora
and fauna. 
5. Aids to Navigation (AtoN) 
Under the Merchant Shipping Act 1995 Section 193, each Statutory Harbour Authority (SHA)
is the local lighthouse authority (LLA) for the area within which it exercises its statutory
powers and duties. 
All navigational marks and lights owned by Argyll and Bute Council as the Local Lighthouse
Authority (LLA) for the harbours under its control are established and maintained in
accordance with the availability criteria laid down by the Northern Lighthouse Board (NLB).
To meet these criteria, a rolling-programme of inspection and maintenance is undertaken
through a competent external contractor. 
Argyll and Bute Council ensures all aids to navigation are established, operated or altered
subject to approval from NLB. 
6. Inspection and maintenance 
It is the responsibility of Argyll & Bute Council to: 
 Oversee planning and implementation of a programme of maintenance of
Navigational Aids in accordance with the availability criteria laid down by the
Northern Lighthouse Board.
 Subject all AtoNs to annual review or following an incident/accident.
 Supply information and periodic returns to NLB when required.
 Apply for and obtain statutory sanctions.
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Appendix A Marine Conservancy & Hydrographic Policy
 Maintain an AtoN database.
 Maintain an AtoN defect reporting system.
 Ensure procedures are also in place for emergency repair, reporting of navigational
aid defects and appropriate issue of a navigational warning. 
7. Review of Aids to Navigation 
Risk assessment and on-going consultations have determined the requirement for Aids to
Navigation in Argyll and Bute Council harbour areas. A program of full review with a
periodicity not exceeding 5-years has been developed locally, this should where possible
align with the general risk assessment for the harbour itself. 
8. AtoN Failures, Maintenance and Inspection 
It is the responsibility of the Harbour Master to: 
 Subject all Argyll and Bute Council harbour and approaches, AtoNs and associated
risk assessments to annual review with harbour users or at specific locations
following an incident/accident.
 Report AtoN defects. 
 Assess navigational hazards and if deemed urgent, report and take the necessary
local action commensurate with level of risk.
 Ensure VHF broadcasts of urgent local navigational warnings are promulgated as 
required. 
The implications of an outage are risk assessed by the Harbour Master in consultation with
the Harbour Operator and an appropriate course of action adopted. 
The Harbour Master will ensure notification is sent to the UKHO and all port users of
‘Failures and Alterations’ to AtoNs. The Harbour Master will immediately issue a Notice to
Mariners (NTM) if a perceived danger deems to exist for safe navigation or, at a later period
if the outage lasts longer than 7 days, or if the advertised characteristics of the AtoN will be
affected.
The Harbour Master is responsible for promulgation of urgent notifications initially by local
VHF broadcast and/or through Coastguard Operation Centres (CGOC). 
All failures, audits and maintenance activities undertaken on AtoNs are managed in
accordance with the Argyll and Bute Council safety management system. 
9. Wrecks and Salvage 
Where there is a wreck in, or near the approaches to the harbour, it is the responsibility of
the Harbour Master to initially exercise their delegated authority to mark wrecks that in
their judgement are or are likely to become a hazard to navigation. They will be lit and
buoyed until raised, removed or destroyed. In the case of small wrecks this may be
expedited by the Harbour Master in consultation with the Marine Operations Manager. 
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Appendix A Marine Conservancy & Hydrographic Policy
More significant wrecks or navigational hazards will be the responsibility of the Harbour
Master to mark that, in their judgement, are or are likely to become a hazard to navigation.
They will be lit and buoyed until raised, removed or destroyed. 
Due regard will be made to the duty to protect the environment in the exercise of this and
all other duties and powers. A risk assessment will be undertaken of any wreck in, or near
the approaches to the harbour with the aim of reducing the risk of danger to navigation to
as low as reasonably practicable. 
In the event of a vessel becoming a wreck in or near the approaches to harbour limits, the
process of removing the wreck is laid down in Section 252 of the Merchant Shipping Act
1995.
In event of a wreck on the approaches to the harbour, the Harbour Authority may: 
 Take possession of, raise, remove or destroy the whole, or any part of the vessel, and
any other property to which the power extends.
 Light or buoy the vessel until it is raised, removed or destroyed.
 Subject to various restrictions, sell the vessel or part of the vessel so raised or
removed and any other property recovered during the exercise of the above powers. 
Kirsty Flannigan
Executive Director and Duty Holder
Development and Infrastructure Services
Argyll and Bute Council
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Appendix B Navigational Safety, Pilotage & Towage Policy
Navigational Safety, Pilotage & Towage Policy 
1. Introduction 
Argyll and Bute Council is a Statutory Harbour Authority at 7 locations and a marine asset
owner at a further 29 marine facilities located throughout the Council area.
The Council’s Statutory Harbour Authorities are namely:
1. Oban North & South Pier, by virtue of the ‘Oban Pier and Harbour Orders 1862 to
1988’.
2. Dunoon Harbour, by virtue of ‘The Pier and Harbour Orders Confirmation Acts 1895
to 1906’.
3. Rothesay Harbour, by virtue of the ‘Rothesay Harbour Acts and Orders 1831 to
1937’.
4. Campbeltown Harbour, by virtue of ‘Campbeltown Harbour Acts and Orders 1846 to
2011’.
5. Craignure Harbour, by virtue of the ‘Argyll County Council (Arinagour and Craignure
Piers, etc.) Order 1961’.
6. Carradale Harbour, by virtue of the ‘Pier and Harbour Orders Confirmation (No 3)
Act, 1901’.  
7. Port Askaig, by virtue of the ‘Islay Piers Order 1904’.  
In addition, the Council is also the Competent Harbour Authority in respect of Pilotage,
under the requirements of the Pilotage Act 1987, at:
 Campbeltown Harbour.
Argyll and Bute Council manages these ports, harbours and piers as the Statutory Harbour
Authority (SHA) and Local Lighthouse Authority (LLA).  Additionally, the Council is the Marine
Asset Owner at the further 29 piers, jetties and slipways with a range of duties and
responsibilities described in the Port Marine Safety Code, health and safety, environmental
and maritime legislation and guidance. 
The Executive Director of Development & Infrastructure Services is the Duty Holder under
the Port Marine Safety Code. 
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Appendix B Navigational Safety, Pilotage & Towage Policy
2. Navigational Safety 
Under the Port Marine Safety Code, Argyll and Bute Council is responsible for the effective
enforcement of regulations made and directions given to assist in managing marine
operations and ensuring safety of navigation within their harbours. 
This is achieved by the appointed Harbour Masters:
 Maintaining strategic and operational oversight of the activities in the Harbours to
ensure the duties, responsibilities and powers of Argyll and Bute Council as statutory
harbour authority or non-statutory asset owner are discharged but not exceeded.
 Liaising with, guiding and supporting any Harbour Operator as required to ensure
safe and efficient operation of CalMac Ferry Services from non-staffed Argyll and
Bute Council harbours and facilities. 
3. Safety Management System 
Argyll and Bute Council have developed and maintain an effective safety management
system based on continuing assessment and mitigation of risk. 
In doing so they: 
 Consult widely with port and other relevant stakeholders in respect of navigational
safety issues. 
 Review regularly the effectiveness of, and if necessary, seek amendments to, legal
powers, Byelaws and Directions in respect of navigational safety.
 Review regularly duties and powers to maintain an up to date set of Directions and
Byelaws in respect of navigational safety and enforce them to effectively regulate
and facilitate harbour use.
 Designate suitable anchorages and/or mooring locations.
 Monitor and maintain lights and marks used for navigation within their jurisdiction.
 Make and promulgate hydrographical surveys and berth inspections.
 Keep berth areas free from underwater debris.
 Provide suitable plans for emergency situations.
 Ensure that appropriate competency and safety standards are laid down for
passenger, freight and other commercial operations.
 Provide effective management and co-ordination in response to emergency
situations within the area of jurisdiction.
4 Navigational Risk Assessment 
All harbours within Argyll and Bute Council’s area of responsibility are ‘open ports’, this
means that they have a general public right of navigation. 
It is the responsibility of the Harbour Master to assess, compile and maintain navigational
risk assessments for the harbours for which they have responsibility. 
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Appendix B Navigational Safety, Pilotage & Towage Policy
Areas that are to be considered when undertaking a navigational risk assessment are: 
 Whether the harbour has direct and easy access to the open sea or whether it has a
long approach channel. 
 Whether the harbour has dense traffic requiring a high degree of management and
regulation or has little traffic in which the risk of collision is minimal. 
 Whether the vessels using the harbour are of widely differing characteristics, which
as a result could have consequences for other navigation and require the assignment
of specified channels, e.g., deep draught vessels.
 Whether cargo is handled by ships at anchor, moored to buoys, or berthed
alongside.
 Types of cargo handled e.g., dangerous and pollutant goods, and their effect on
other navigation.
 Numbers and types of recreational craft.
 Presence of high-speed craft, passenger ferries and local ferries.
 Availability and monitoring harbour VHF frequencies.
 Under-keel clearances, and / or draught restrictions.
 Harbour regimes, depth of water, sand banks, bars, shoaling patterns;
meteorological conditions, tides and current.
 Berth locations.
 Proximity of the navigation channel to shore structures (particularly hazardous
ones).
 Berthing arrangements.
 Berth fitness and suitability (berthing forces). 
The Harbour Master’s risk assessment process will identify any requirements for
Vessel Traffic Services (VTS) and specifically Pilotage. 
5. Marine Traffic Management 
The harbour authority’s’ primary duty is to ensure the safe and efficient use of the harbour
by those who have a right to use it and navigate in its waters. This includes a duty to
regulate navigation using available powers and other means. 
Exercise of this function depends upon communication with mariners and other harbour
users. As a minimum, the means of achieving this will be by use of marine VHF radio that
the Harbour Master will have provided in every staffed harbour location and operated by
suitably qualified members of staff. 
6. Promulgation of Information 
The Harbour Master will ensure navigational information including (but not limited to)
water depth, navigational hazards, harbour works, navigational lights and marks are
published in a range of publications including Admiralty charts, relevant sailing information
and in Notices to Mariners. 
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Appendix B Navigational Safety, Pilotage & Towage Policy
The UK Hydrographic Office is notified of any permanent or temporary change in
navigational marks and hazards for appropriate publication. 
If the Harbour Master or Harbour Operator becomes aware of any navigational hazard that
is not presented on marine charts or other published navigational information, they will,
having verified any reports received, publish a suitable warning. The Harbour Master may
issue a warning by means of a Notice to Mariners and the Harbour Operator may issue a
verbal warning via VHF traffic information broadcasts. Such navigational warnings may
include (but not be limited to):
 Adverse weather conditions 
 Shipping movements including STS Operations
 Changes in charted water depths
 Damaged or malfunctioning Aids to Navigation
 New or amended Aids to Navigation
 Wrecks or abandoned vessels
 New or temporary exclusion areas
 Works in harbour areas; and 
 Miscellaneous safety warnings. 
If the navigational hazard is not of a temporary nature, the Harbour Master is responsible
for communicating with the UK Hydrographic if considered necessary to instigate changes to
nautical charts and published information. 
7. Vessel Traffic Services (VTS) 
VTS is designed to improve the safety and efficiency of navigation, safety of life at sea and
protection of the marine environment and/or adjacent shore areas, worksites and offshore
installations from possible adverse effects of maritime traffic. 
Currently Argyll and Bute Council do not utilise VTS at any of the harbours under their
control. The future requirements for VTS and the extent of the services provided will be
based on the risk assessment process driven by changes to harbour utilisation and
requirements and in accordance with the guidance in the Code and IMO Resolution A.857
(20). 
8. Passage Planning 
Every vessel's navigational passage should be planned in adequate detail to/from the berth
and with contingency plans such as abort positions and anchorages where appropriate
when navigating in the areas of Argyll and Bute Council’s jurisdiction. Any mariners
operating a Vessel which proceeds to sea should ensure it is operated in accordance with
SOLAS Chapter V Regulation 34. 
Masters and Officers of the watch will use the above guidelines for voyage planning,
implementing the following measures to ensure that they understand the risks to which
they are exposed and take effective measures to reduce such risks including ensuring that
there is a systematic organisation on board that provides for: 
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Appendix B Navigational Safety, Pilotage & Towage Policy
 Comprehensive briefing of all concerned with the navigation of the vessel.
 Regular monitoring of the vessel's position with the use of different methods to
check against error in any one system. 
 Using the information available from plots of other traffic to ensure against
overconfidence, bearing in mind that with the number of vessels in this area other
vessels may alter course and/or speed.
 Ensuring that the optimum and systematic use is made of all appropriate
information that becomes available to the navigational staff.
 Pre-arrival/departure checks should be completed in good time prior to arrival
within Argyll and Bute Council’s areas of jurisdiction or departure from their berth. 
Argyll and Bute Council reserve the right to require passage or pilotage plans to be
submitted by any vessel using or passing through their harbour areas on a case-by-case
basis whether vessels are piloted or not. Argyll and Bute Council reserve the right to
commission independent passage plan checks on vessels not subject to compulsory pilotage
and on every occasion following an incident. Harbour passage plans can be required using
the powers of direction. 
The future requirements for passage plans will also be based on the risk assessment process
driven by changes to harbour utilisation and requirements. Any future requirements for the
provision of passage plans will be implemented in accordance with the guidance in the
Code. 
9. Subsea Pipeline/Cables 
The Harbour Master will ensure that any Argyll and Bute Council harbour areas with
interfaces with sub-sea cables and pipelines are specifically identified and addressed within
the risk assessment process. 
10. Pilotage 
The Argyll and Bute Council (Pilotage Powers) Order 2007 SSI/2007/3  
Argyll and Bute Council shall under the Argyll and Bute Council (Pilotage Powers) Order 2007
be a Competent Harbour Authority in respect of the harbours of Campbeltown for the
purposes of the Pilotage Act 1987, and as the CHA, authorises Pilots to serve the whole area
of jurisdiction as laid out in the Campbeltown Harbour and Burgh Act 1876, and as given in
the Pilotage Direction so promulgated. 
Argyll & Bute Council’s responsibility in respect of Pilotage in its Harbours is to: 
• Ensure that the operation of the Pilotage Services is compliant with National
Regulations, Guidelines and Competency Standards. The Council will appoint
competent and authorised Pilots.
• Keep under review its Pilotage Directions to ensure they are fully in accord with the
Marine Safety Management System and guidance in the Port Marine Safety Code. 
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Appendix B Navigational Safety, Pilotage & Towage Policy
• Issue Pilotage Exemption Certificates (PEC) to bona fide deck officer of ships that
meet the criteria laid down and monitor the performance and discipline of PEC
holders in respect of requirements laid down in Pilotage Directions  
In addition, the approaches to Dunoon, Kilcreggan and Rothesy harbours are situated within
the jurisdiction of Peel Ports (Clyde), a Competent Harbour Authority for the purposes of
the Pilotage Act 1987. In pursuance of its powers under Section 7 of the said Act, Peel Ports
(Clyde) issues Pilotage Directions to ships navigating within the limits of its jurisdiction as
defined in the Clydeport Authority Confirmation Act 1965 and subsequent amendment(s). 
In doing so it specifies what criteria which will apply to vessels, Masters and Navigation
Officers in determination of the requirement for pilotage within its waters. 
Under the Pilotage Act 1987, Exemptions from Pilotage are available to bona fide Masters
and Navigation Officers of regular traders, i.e. only the person in charge or the second in
command of a vessel. 
Candidates wishing to present themselves for a Pilotage Exemption Certificate within the
Clyde area of jurisdiction must comply with their published requirements contained within
their Pilotage Directions. 
11. Ship Towage 
Currently there is no provision of towage services at any of the harbours for which Argyll
and Bute Council are the Harbour Authority. If subsequently required, the process will be
risk assessed and introduced in accordance with the guidance to the Code. 
Kirsty Flannigan
Executive Director and Duty Holder
Development and Infrastructure Services
Argyll and Bute Council
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Appendix C Marine Training Policy
Marine Training Policy 
1. Introduction 
It is Argyll and Bute Council policy that officers and staff are to be suitably trained to be
competent and qualified up to a minimum national standard to fulfil their roles within the
organisation and can demonstrate competence in critical areas of harbour safety. 
2. Training requirements 
Appropriate and effective training and the associated knowledge and skill of marine
personnel are essential elements that enable the facilitation and management of
navigational safety. 
To that end, and in compliance with the requirements of the PMSC, the Argyll and Bute
Harbour Board shall: 
 Ensure new staff receive induction training;
 Ensure that the annual training requirements, including in-house, emergency and
counter-pollution training, for each member of staff will be assessed and a
programme implemented;
 Training needs will be considered during job appraisal; 
 Adopt the levels of knowledge and skill for marine personnel associated with the
international, national and local standards in support of the PMSC or demonstrate
and document that any standards adopted are fully equivalent; 
 Ensure that adequate resources are made available to maintain the established
standards of knowledge and skill required by marine personnel; 
 Assess the suitability of all persons appointed to positions with responsibility for
safety of navigation to ensure the required standards of knowledge and skill are met; 
 Ensure that all marine personnel are competent to perform the duties allocated to
them and are encouraged to develop their skills and expertise beyond that
immediately necessary to perform their primary functions so that they are well
equipped and prepared for further advancement and career development; 
 Establish and maintain an appropriate and effective ongoing schedule of marine
training for marine staff; 
 Promote the involvement of port users, allied services and other stakeholders in
Argyll and Bute Council training programme as necessary; 
 Facilitate and encourage exchange training and familiarisation between different
marine disciplines as required; 
 Establish and maintain an effective ongoing schedule of emergency management
and response training and exercises; 
 Establish a regular review and assessment programme of all Argyll and Bute Council
marine training to ensure that standards are maintained, and that training is
appropriate, relevant and cost effective; 
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Appendix C Marine Training Policy
 Ensure that personnel involved in the design and facilitation of training and
assessment are appropriately qualified; and 
 Ensure that appropriate training records are maintained. 
Kirsty Flannigan
Executive Director and Duty Holder
Development and Infrastructure Services
Argyll and Bute Council
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Appendix D Harbours Enforcement and Prosecution Policy
Harbours Enforcement and Prosecution Policy 
1. Introduction 
Argyll and Bute Council is a Statutory Harbour Authority at 7 locations and a marine asset
owner at a further 29 marine facilities located throughout the Council area.
The Council’s Statutory Harbour Authorities are namely:
1. Oban North & South Pier, by virtue of the ‘Oban Pier and Harbour Orders 1862 to
1988’.
2. Dunoon Harbour, by virtue of ‘The Pier and Harbour Orders Confirmation Acts 1895
to 1906’.
3. Rothesay Harbour, by virtue of the ‘Rothesay Harbour Acts and Orders 1831 to
1937’.
4. Campbeltown Harbour, by virtue of ‘Campbeltown Harbour Acts and Orders 1846 to
2011’.
5. Craignure Harbour, by virtue of the ‘Argyll County Council (Arinagour and Craignure
Piers, etc) Order 1961’.
6. Carradale Harbour, by virtue of the ‘Pier and Harbour Orders Confirmation (No 3)
Act, 1901’.  
7. Port Askaig, by virtue of the ‘Islay Piers Order 1904’.  
In addition, the Council is also the Competent Harbour Authority in respect of Pilotage,
under the requirements of the Pilotage Act 1987, at:
 Campbeltown Harbour.
Argyll and Bute Council manages these ports, harbours and piers as the Statutory Harbour
Authority (SHA) and Local Lighthouse Authority (LLA).  Additionally, the Council is the Marine
Asset Owner at the further 29 piers, jetties and slipways with a range of duties and
responsibilities described in the Port Marine Safety Code, health and safety, environmental
and maritime legislation and guidance. 
The Executive Director of Development & Infrastructure Services is the Duty Holder under
the Port Marine Safety Code. 
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Appendix D Harbours Enforcement and Prosecution Policy
2. Enforcement 
Under the Port Marine Safety Code, Argyll and Bute Council is responsible for the effective
enforcement of regulations made and directions given to assist in managing marine
operations and ensuring safety of navigation within their harbours. 
This is achieved by the Argyll and Bute Council Harbour Masters: 
 Maintaining strategic and operational oversight of the activities in the Harbours to
ensure the duties, responsibilities and powers of Argyll and Bute Council as statutory
harbour authority or non-statutory asset owner are discharged but not exceeded.
 Liaising with, guiding and supporting any Harbour Operator as required to ensure
safe and efficient operation of CalMac Ferry Services from non-staffed Argyll and
Bute Council harbours and facilities. 
Enforcement underpins navigational safety by ensuring compliance with legislation, byelaws
or regulation. It requires effective surveillance, incident investigation, and leads, where
appropriate, to sanctions imposed either by Argyll and Bute Council or when necessary, by
the Courts. Argyll and Bute Council will ensure that any enforcement action taken is
proportional to the risks posed by the breach of legislation, byelaws or regulation and the
seriousness of the offence. 
Any decision regarding enforcement action will be impartial and objective, and will not be
influenced by race, gender, politics, sexual orientation, disability or religious beliefs of any
alleged offender, victim or witness. Such decisions will not be affected by improper or
undue pressure from any source. 
A consistent approach to enforcement in similar circumstances will be adopted throughout
the harbour network and effective liaison will be maintained with enforcing authorities.
Enforcement will be concentrated on those activities which cause the greatest threat to
public safety, employee safety and pose the greatest threats to the environment or
undermine regulatory regimes, which have been created to protect and improve the
environment and safety and prevent harm to human health. 
3. Prosecution 
The objective of enforcement is to ensure that preventative or remedial steps are taken to
protect public safety, the environment and to prevent or minimise, future breaches of
legislation/byelaws/regulations. Prosecution of offences under relevant legislation is one of
the ways of achieving that objective. Neither Argyll and Bute Council or any Harbour
Operator will knowingly ignore any criminal or negligent act by any person or company
which damages or threatens the environment or which flouts the law. 
Enforcement Action may take the form of: 
 Local Harbour Staff or Harbour Operator staff verbal warning.
 Harbour Master verbal or written warning.
 Marine Operations Manager written warning.
 Suspension or cancellation of berth or mooring.
 Prosecution under the relevant legislation.
 A combination of any of the above. 
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Appendix D Harbours Enforcement and Prosecution Policy 
Should Argyll and Bute Council decide the situation warrants consideration of prosecution
under the relevant legislation they will report incidents to the Police, MCA, MAIB or HSE to
enable preparation of cases to the Procurator Fiscal. 
Where the circumstances warrant, incidents may be reported to the enforcement agencies
for consideration of reporting a case to the Procurator Fiscal without prior warning or
recourse to alternative methods of enforcement. 
The purpose of any enforcement action is to promote the safety of the harbour and its
users. 
4. Procedures 
This policy is based on education in the first instance and generally only reverting to
prosecution for repeat offenders, for offences bringing significant risk of serious injury or
loss of life or for when users threaten harm or abuse to harbour staff. 
Argyll and Bute Council recognise that most harbour users want to comply with the law.
Therefore, where it can Argyll and Bute Council will help users to meet their legal
obligations without unnecessary expense, while taking firm action – including prosecution
where appropriate – against those who flout the law or act irresponsibly. 
Argyll and Bute Council will provide information and advice in plain language on the rules
that apply and will disseminate them as widely as possible. Argyll and Bute Council will
provide encouragement and support to ensure their legal powers are used appropriately
and proportionately to improve and safeguard public health, public safety and the
environment. 
Argyll and Bute Council will: 
 Maintain through regular reviews, a relevant and effective regulatory framework,
consistent with national legislation, ancillary regulations and byelaws. 
 Ensure that effective enforcement procedures are developed and maintained that
comply with national legal requirements and guidelines. 
 Ensure that effective investigation procedures are developed and maintained that
support the enforcement process, and meet the requirements of the navigational
Safety Management System in respect of identifying, promulgating and making good
use of any ‘lessons learned’.
 Ensure that all staff involved in incident investigation, or who are required to follow
Argyll and Bute Council enforcement procedures, receive effective and relevant
training.
 Ensure all navigational incidents and breaches of regulations are investigated.
 Maintain an effective surveillance and audit regime to monitor compliance with, and
detect breaches of, relevant national and local regulations.
 Respond to breaches of regulations, by imposing a sanction appropriate to the 
circumstances, or initiating a prosecution where the facts warrant, and it is in the
public interest to do so.
 When bringing prosecutions, observe the Crown Office and Procurator Fiscal Service 
Prosecution Code. 
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Appendix D Harbours Enforcement and Prosecution Policy
In appropriate cases Argyll and Bute Council will seek to recover the costs of taking
enforcement action following a conviction. Any award of costs will be for the court to
determine. 
Kirsty Flannigan
Executive Director and Duty Holder
Development and Infrastructure Services
Argyll and Bute Council
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Appendix E MSMS
MARINE SAFETY MANAGEMENT SYSTEM
Volume I
POLICIES & STATEMENTS 
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Appendix E MSMS     
MARINE SAFETY MANAGEMENT SYSTEM 
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Appendix E MSMS
DOCUMENT APPROVAL 
Designation  Name  Signature  Date 
Duty Holder, Director
of Development &
Infrastructure 
Kirsty Flanagan 
Marine Operations
Manager 
Scott Reid 
MARINE OPERATION PROCEDURES – DISTRIBUTION LIST 
NO  Name  Role
1  Kirsty Flanagan Duty Holder, Executive Director of Development &
Infrastructure Services
2  Jim Smith Head of Roads & Infrastructure Services
3  Scott Reid Marine Operations Manager
4  Allan Finlay Technical Officer
5  Alex Leslie Technical Officer
6  Stephen Scally Harbour Master (for sharing with all harbour staff)
7  Vicki McKenzie Harbour Master (for sharing with all harbour staff)
8  Paul Lambert Harbour Master (for sharing with all harbour staff)
9  Peter Welsh Harbour Master (for sharing with all harbour staff)
10  Gavin Walker Kilcreggan Pier master (for sharing with all pier staff)
11  Julie Hendry Admin. Officer Marine and Ferries Operations
12  Monty Smedley Designated Person, ABPmer
13  HB Member 
14  HB Member 
15  HB Member 
16  HB Member 
17  HB Member 
18  HB Member 
19  HB Member 
20 HB Member 
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Appendix E MSMS
MARINE SAFETY MANAGEMENT SYSTEM – DOCUMENT RECORD 
Revision No.  Amendment Date  By  Revision History 
Draft Jan 2023 SR Document created – Draft for review
01 xxx 2023 HB  Harbour Board approval
02   
03   
04   
05   
06   
07   
08   
09   
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ABBREVIATIONS 
ALARP  As low as reasonably practicable
CHA   Competent Harbour Authority
DP  Designated Person (Port Marine Safety Code)
PMSC  Port Marine Safety Code
FRA  Formal Risk Assessment
HSE  Health and Safety Executive
MAIB  Marine Accident Investigation Branch
NLB  Northern Lighthouse Board
SHA  Statuory Harbour Authority 
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Table of Contents
DOCUMENT APPROVAL ................................................................................................................ 3
MARINE OPERATION PROCEDURES – DISTRIBUTION LIST .............................................................. 3
MARINE SAFETY MANAGEMENT SYSTEM – DOCUMENT RECORD .................................................. 5
ABBREVIATIONS........................................................................................................................... 6
1.0 Introduction.................................................................................................................... 10
1.1 About the Harbour Authority .......................................................................................... 11
1.2 Argyll and Bute Council Ports, harbours, piers and slipways ............................................. 11
1.2.1 Bute, Cowal & Clyde..................................................................................................... 11
1.2.2 Kintyre, Islay, Gigha and Jura ........................................................................................ 12
1.2.3 Oban, Mull and the Isles ............................................................................................... 12
1.2.4 Slipways and other locations ........................................................................................ 12
1.3 Argyll and Bute Council Harbour Board ............................................................................ 13
1.4 The Duty Holder.............................................................................................................. 13
1.4.1 Reporting Compliance .................................................................................................. 14
1.5 Policies ........................................................................................................................... 14
1.6 Marine Operational Management Structure .................................................................... 15
1.6.1 Head of Roads and Infrastructure Services .................................................................... 16
1.6.2 Marine Operations Manager ........................................................................................ 16
1.6.3 Marine  Technical Officer ............................................................................................. 17
1.6.4 Harbour Masters.......................................................................................................... 18
1.6.5 Pier Masters ................................................................................................................ 18
1.6.6 Assistant Harbour/Pier Masters .................................................................................... 19
2.0 Designated Person .......................................................................................................... 20
3.0 National Port and Maritime Legislation ........................................................................... 21
3.1 National Port and Maritime Legislation ........................................................................... 21
3.2 Local legislaton for Ports (Acts and Orders) ...................................................................... 21
4.0 Delivery of Council Duties and Powers ............................................................................. 23
4.1 Marine Operations and control of the Safety Management .............................................. 23
4.2 Local Port Services .......................................................................................................... 23
4.3 Pilotage .......................................................................................................................... 23
4.4 Emergency Preparedness ................................................................................................ 24
4.4.1 Oil Pollution Preparedness ........................................................................................... 24
4.4.2 Emergency Organisation And Management responsibility .............................................. 25
4.4.3 SOSREP ....................................................................................................................... 25
4.4.4 Dangerous Goods in Harbour Areas Regulations 2016 .................................................... 26
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4.4.5 Explosives.................................................................................................................... 26
4.4.6 Civil Contingencies ....................................................................................................... 27
4.5 Incidents......................................................................................................................... 27
4.5.1 Minor Incidents ........................................................................................................... 27
4.5.2 Major Incidents ........................................................................................................... 28
4.5.3 Incident Procedures ..................................................................................................... 28
4.6 Accident and Incident Investigation ................................................................................. 29
4.7 National Regulatory Framework ...................................................................................... 29
4.8 Statutory Reporting Requirements .............................................................................. 30
4.9 Enforcement Procedure .................................................................................................. 31
4.9.1 The Need to Enforce .................................................................................................... 31
4.9.2 The Enforcement Options............................................................................................. 32
5.0 Marine Risk Management ............................................................................................... 34
5.1 Marine/Navigational Risk Assessments ........................................................................... 34
5.1.1 Risk Controls ...................................................................................................................... 35
5.1.2 Future Risk Controls ........................................................................................................... 36
5.1.3 Update of Marine/Navigational Risk Assessments ................................................................ 36
5.2 Dynamic Risk Assessment................................................................................................ 37
6.0 The Marine Safety Management System (MSMS)............................................................. 38
6.1 Structure of the MSMS .................................................................................................... 38
7.0 Review and Audit ............................................................................................................ 39
7.1 Review of the Safety Management System ...................................................................... 39
7.2 Internal Review............................................................................................................... 39
7.3 External Audit of Code Compliance Statement ................................................................. 39
7.4 Audit .............................................................................................................................. 40
7.5 Management of Change .................................................................................................. 40
7.6 Document Control ................................................................................................................ 41
8.0 Competence and Training................................................................................................ 42
8.1 Training Matrix ........................................................................................................... 42
9.0 Marine Safety Plan.......................................................................................................... 43
9.1 Measuring Performance .................................................................................................. 43
9.1.1 Active Systems............................................................................................................. 43
9.1.2 Reactive Systems ......................................................................................................... 44
10.0 Conservancy ................................................................................................................... 45
10.1 Hydrographic Survey ....................................................................................................... 45
10.2 Dredging ......................................................................................................................... 45
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10.3 Aids to Navigation........................................................................................................... 46
10.4 Wrecks and Abandoned Vessels ...................................................................................... 46
8.2 Training Plan Responsibilities ...................................................................................... 46 
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1.0 Introduction 
The Port Marine 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.  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’.
To ensure compliance with The Code, Harbour Authorities and marine asset owners must address
the following measures (so far as they are applicable to the size and function of each facility):
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 
This Marine Safety Management System (MSMS) along with its procedures and guidelines fulfil the
requirements of the Code to publish an MSMS.    
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1.1 About the Harbour Authority 
Argyll and Bute Council is a Statutory Harbour Authority at seven locations and a marine asset owner
at a further 29 marine facilities located throughout the Council area. The Council’s Statutory Harbour
Authorities are namely:
1. Oban North & South Pier, by virtue of the ‘Oban Pier and Harbour Orders 1862 to 1988’.
2. Dunoon Harbour, by virtue of ‘The Pier and Harbour Orders Confirmation Acts 1895 to
1906’.
3. Rothesay Harbour, by virtue of the ‘Rothesay Harbour Acts and Orders 1831 to 1937’.
4. Campbeltown Harbour, by virtue of ‘Campbeltown Harbour Acts and Orders 1846 to 2011’.
5. Craignure Harbour, by virtue of the ‘Argyll County Council (Arinagour and Craignure Piers,
etc) Order 1961’.
6. Carradale Harbour, by virtue of the ‘Pier and Harbour Orders Confirmation (No 3) Act, 1901’.  
7. Port Askaig, by virtue of the ‘Islay Piers Order 1904’.  
In addition, the Council is also the Competent Harbour Authority in respect of Pilotage, under the
requirements of the Pilotage Act 1987, at:
 Campbeltown Harbour.
Argyll and Bute Council manages these ports, harbours and piers as the Statutory Harbour Authority
(SHA) and Local Lighthouse Authority (LLA).  Additionally, the Council is the Marine Asset Owner at a
further 29 piers, jetties and slipways with a range of duties and responsibilities described in the Port
Marine Safety Code, health and safety, environmental and maritime legislation and guidance. 
1.2 Argyll and Bute Council Ports, harbours, piers and slipways 
The following locations are grouped into regions and include both SHAs and marine facilities.  
1.2.1 Bute, Cowal & Clyde
1. Rothesay Harbour (Bute) [Statutory Harbour Authority]
2. Tighnabruaich Pier (Kyles of Bute)
3. Dunoon [Statutory Harbour Authority]
 Dunoon Harbour Pier
 Dunoon Harbour Jetty
4. Kilcreggan Pier
5. Helensburgh Pier
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1.2.2 Kintyre, Islay, Gigha and Jura
6. Campbeltown Harbour (Kintyre) [Statutory & Competent Harbour Authority]
 Campbeltown old quay
 Campbeltown new quay
 Campbeltown Marina
 Dalintober Jetty
7. Carradale Harbour (Kintyre) [Statutory Harbour Authority]
8. Tayinloan Ferry Slip (Kintyre)
9. Gigha Ferry Slip (Gigha)
10. Gigha South Pier (Gigha)
11. West Loch Tarbert (Kintyre)
12. Port Askaig (Islay) [Statutory Harbour Authority]
13. Bruichladdich Pier (Islay)
14. Port Charlotte (Islay)
15. Craighouse Pier (Jura)
16. Feolin Ferry Slip (Jura)
1.2.3 Oban, Mull and the Isles
17. Oban Harbour [Statutory Harbour Authority]
 Port Beag Slip
 North Pier
 Times Slip
18. Port Appin
19. Lismore Point (Lismore)
20. Ellenabeach Pier (Seil)
21. Cuan South Slip (Seil)
22. Cuan North Slip (Luing)
23. Easdale Slips (Easdale)
24. Craignure Pier (Mull) [Statutory Harbour Authority]
25. Bunessan Pier (Mull)
26. Fionnaphort Ferry Slip (Mull)
27. Iona Ferry Slip (Iona) 
1.2.4 Slipways and other locations
28. Achnacroish Pier (Lismore)
29. Achnacroish Ferry Slip (Lismore)
30. Arinagour Old Pier (Coll)
31. Crinan Ferry Slips (Crinan)
32. Crinan Harbour Quay (Crinan)
33. Keills Mainland (Sound of Jura)
34. I Lagg (Jura / Sound of Jura)
35. Otter Ferry (Loch Fyne)
36. St.Catherine’s Slip (Upper Loch Fyne)  
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1.3 Argyll and Bute Harbour Board 
Argyll and Bute Council (the full Council) recognises that it is the Statutory Harbour Authority and
marine facility operator for all its harbours, piers and slipways under its ownership and has
delegated that function to the Harbour Board.  
The members of the Harbour Board have responsibility for providing policy direction to the officers
and others involved in the operational management and use of these facilities, and for scrutinising
the implementation of these. 
Members of the Harbour Board receive specialist training to enable them to discharge their duties in
respect of the Port Marine Safety Code.  
The Argyll and Bute Harbour Board is responsible for the proper exercise of its legal duties as a
Harbour Authority.  The Duty Holder has the responsibility for ensuring that Argyll and Bute Council’s
policies as Harbour Authority are delivered.  
Argyll and Bute Council, as Harbour Authority, has powers to appoint personnel, including its
Harbour Masters, to manage the operation of the harbour area. 
The Harbour Board has a number of powers, duties and responsibilities:- 
a) Development and maintenance of its harbours and marine assets to meet the requirements
of port users and safe marine operation of its assets.
b) Development and implementation of appropriate policies and plans. 
c) Approve the publication of the Marine Safety Plan in achieving its Policies.
d) A duty to adopt appropriate powers as required for effective enforcement of its statutory
duties (Harbour Bye-laws, directions) and review these periodically. 
e) Responsibility for recommending harbour dues at a level, which adequately funds the
discharge of its duties.  
f) Powers to appoint Harbour Masters. 
g) Appointment of a suitable Designated Person, to provide assurance that its Marine Safety
Management System is operated effectively.   
1.4 The Duty Holder
The Argyll and Bute Harbour Board has assigned the post of Duty Holder to the Executive Director,
Development and Infrastructure Services.  The Duty Holder’s principal requirements are:
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a) Discharges the duties and exercises the powers given to them, both directly and by
delegation, as they consider appropriate.
b) Discharges the function of "Duty Holder" by delivering the policy set by the Harbour Board,
and  as defined in the PMSC. 
c) Makes recommendations to the Harbour Board and other appropriate committees within
the Council, including the role of Designated Person. 
d) Appoint competent people to manage marine safety.
e) Reviews the performance of Argyll and Bute Council against its marine strategic and
operational objectives, plans, and budgets.
f) Ensure that the management of marine safety continuously improves by publishing a marine
safety plan and reporting performance against the objectives and targets set.
g) Report compliance with the Code to the MCA every three years. 
1.4.1 Reporting Compliance 
Every three years (or as often as directed by Government policy), the Duty Holder will sign a
statement describing the Council’s compliance with the latest version of the Code.  If the
Organisation is not compliant, or not fully compliant, the statement will describe the Council’s
intentions for achieving compliance, including the planned timescales. 
1.5 Policies
Argyll and Bute Council has developed Policies to ensure its Marine Operations are safe and in
compliance with the Port Marine Safety Code. Policy is set and agreed by the Argyll Bute Harbour
Board.  The Duty Holder is responsible for implementing the Council’s policy.  The primary purpose
of these Policies is to provide an overall standard for marine operations throughout Argyll and Bute
Council areas of jurisdiction.  The following policies are in place:   
1. Council Health and Safety Policy.
2. Marine Conservancy & Hydrographic Policy.
3. Navigational Safety, Pilotage & Towage Policy.
4. Marine Training Policy.
5. Enforcement and Prosecution Policy.
6. Training Policy 
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1.6 Marine Operational Management Structure 
Structure of Marine Operational Management. 
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1.6.1 Head of Roads and Infrastructure Services
Responsible to the Executive Director, Development and Infrastructure Services for:
a) Leading the delivery and provision of Marine Operations ensuring that appropriate a Marine
Safety Management System are in place to deliver high quality services and best value to
service users, and that agreed plans are implemented efficiently and effectively. 
b) To work cooperatively with others (including external organisations where appropriate) to
meet and maintain the objectives of the Marine Safety Management System. 
c) To provide effective management and team leadership. 
d) To proactively manage the health and safety of employees and ensure that all key elements
of health and safety management are in place. 
e) To demonstrate resilience and integrity and lead through challenging circumstances. 
f) To develop service plans and continually review performance, striving to improve the quality
and efficiency of Marine Operations. 
g) To recruit and train competent employees including the Marine Operations Manager. 
1.6.2 Marine Operations Manager 
Responsible for the overall management of the Council’s Marine services, ensuring that an
appropriate Marine Safety Management System is in place to deliver high quality services and best
value to service users, and that agreed plans are implemented efficiently and effectively.   In
addition, introduce continuous improvement in the performance of the service, responding
positively to statutory, and other external and internal requirements.   
In relation to Marine operations, ensure that:  
a) All Council piers and harbours are safe for operational use by mariners, including
infrastructure and navigational aids. 
b) All ferry vessels are compliant and certificated for public service, including arranging for the
annual inspections and maintenance. 
c) Ferry crews are appropriately qualified. 
d) Ferry timetables meet the needs of relevant communities. 
e) Those facilities which are ISPS approved remain compliant.   
f) Any necessary actions are taken as a result of attending Port Security meetings. 
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g) The Council has a validated oil pollution response plan for harbours and the coastal
environment. 
1.6.3 Marine  Technical Officer
Support the Marine Operations Manager to develop the team’s strategic objectives and service plans
by working in partnership with colleagues (within and outwith the service) and by taking personal
responsibility for planning how these are delivered effectively and efficiently to service users.  In
particular, take responsibility for:
a) Assisting the Marine Operations Manager in developing a strategy to grow the business and
operate as efficiently as possible.
b) Engaging with Members and main users of the service.
c) Setting up systems to monitor service delivery and link in with the Performance
Management System reporting system.
d) Continually reviewing how the service is delivered – by monitoring systems / consultation /
market research.
e) Gathering information to assist in the production of service plans / reports.
f) Day to day management of ferry service delivery including conducting ‘on the spot’ audits, 
conducting internal audits of the Marine Safety Management System, managing staffing
rotas, arranging the provision of stores, spares and oils  and monitoring contract delivery
g) Keep information relating to ferry time tables, fares and other general Marine Services
activities listed on the Council website up to date and review published information on a
regular basis.
h) Ensure ferry timetables meet the needs of relevant communities including regularly
attending local Community Council and Ferry User Group meetings to provide updates and
address concerns and queries.
i) Ensure ferry crews are appropriately qualified, fully inducted into the position held and
receive relevant training to maintain qualifications and standards of customer care
j) Ensure all ferry vessels are compliant and certificated for public service, including arranging
for the annual inspections and maintenance programme
k) Assist with the supervision of refits of the council ferries
l) Participate in a scheduled Designated Person Ashore rota as required by Marine Operations
Manager
m) Assist with the design, implementation and control of management systems  
n) Assist with the setting of appropriate and measurable performance targets and keep under
review
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o) Consult with stakeholders and, on occasion, carry out market research and community
engagement exercises as directed
p) Compile reports to senior management and attend meetings as required.
q) Liaison with MCA for  audits, refits and oil pollution incidents as required
r) In addition, represent Marine Services on relevant external bodies/committees when
appropriate and ensure that all regulations and procedures (including the Council’s Standing
Orders and Financial Regulations) are adhered to.  
1.6.4 Harbour Masters
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.  In particular to take responsibility for:
a) Implementing Argyll and Bute Council’s Marine Safety Management System.
b) Navigation Risk Assessments.
c) Compliance with Port Marine Safety Code.
Harbour Masters and their Assistants will assist the Marine Operations Manager to ensure that high
quality services and best value are delivered to service users by ensuring that all agreed plans are
implemented efficiently and effectively.  In particular:
a) Local byelaws and General Directions.
b) Compliance with the Marine Safety Management System in their ports and harbours.
c) Issuing Local Notices to Mariners.
d) Advising mariners of available water depths on approaches and in berths.
e) Health & Safety legislation.
f) Control of berthing and departure, loading, unloading, mooring of vessels.
g) The safety of all Harbour users, staff and members of the public.
h) Keeping records of all shipping movements.
i) To liaise with the Statutory Bodies as required.
j) To liaise with the Emergency Services as required.
k) Monitoring of Safety Traffic and Operation of VHF radio as required.
l) To ensure harbour/pier is kept clean, tidy and safe for public use and that all safety equipment
is in good working order.
m) To inspect berths to ensure no obstruction to berthing. 
1.6.5 Pier Masters
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The Authority appoints Pier Masters who runs specific pier facilities.  Pier Masters also assist the
Marine Operations Manager to ensure that high quality services and best value are delivered to
service users by ensuring that all agreed plans are implemented efficiently and effectively.   
1.6.6 Assistant Harbour Masters
The Authority appoints Assistant Harbour Masters who aid and support the relevant Harbour Master
in the operation of the port, harbour or pier.  The Assistant Harbour Masters are vested with the
same statutory discretions as the Harbour Master and are authorised to deputise in the Harbour
Master’s absence.   
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2.0 Designated Person 
In meeting its obligations under the PMSC, Argyll and Bute Harbour Board has appointed a
‘Designated Person’, who maintains a right of direct access to the Duty Holder. 
The role of the Designated Person for Argyll and Bute Council is:
a) Provide independent assurance that the Marine Safety Management System is effevtive; and  
b) Provide the Duty Holder and Harbour Board with independent and professional advice
regarding Argyll and Bute Council’s overall compliance with the requirements of the PMSC. 
The Designated Person will provide an annual statement to the Duty Holder and Harbour Board
about the state of compliance with the most recent version of the Port Marine Safety Code.   
The Designated Person must test the effectiveness of the Marine Safety Management System,
through objective evidence, obtained from internal and external auditing.    
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3.0 National Port and Maritime Legislation 
All Harbour Authorities and marine facility owners are required to follow relevant legislation.  This is
split into National legislation and local legislation (specific to each individual port, harbour or pier).  
Ports policy is a devolved matter in Scotland.  Marine safety is a reserve matter and applied UK wide. 
The following sections identify the relevant national port and maritime legislation and local acts and
orders, relevant to individual Council ports, harbours and piers.  
3.1 National Port and Maritime Legislation 
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.  Principal legislation relevant to ports, harbours, piers
and slipway marine operations include:
 Harbours, Docks and Piers Clauses Act, 1847
 Harbour Act, 1964
 Merchant Shipping Act, 1995
 Health and Safety At Work Act, 1974
 Marine Scotland Act 2010 (see note).  
Note: Under the ‘Marine Scotland Act 2010’ Scottish Ministers are responsible for marine licensing
and enforcement in the Scottish Inshore Region (out to 12 nautical miles).  This includes waters of
estuaries and tidal rivers, as far as the tide flows from the Mean High Water Spring (MHWS).  Marine
Scotland is responsible for the integrated management of Scottish waters alongside Scottish Natural
Heritage (SNH) and the Scottish Environment Protection Agency (SEPA).  Marine Licensing is
managed by the Marine Scotland Licensing Operations Team (MS LOT).   
3.2 Local legislaton for Ports (Acts and Orders) 
The Council’s local acts and orders relevant to ports, harbours, piers and slipway marine operations
include:
 Oban North & South Pier, by virtue of the ‘Oban Pier and Harbour Orders 1862 to 1988’.
 Dunoon Harbour, by virtue of ‘The Pier and Harbour Orders Confirmation Acts 1895 to
1906’.
 Rothesay Harbour, by virtue of the ‘Rothesay Harbour Acts and Orders 1831 to 1937’.
 Campbeltown Harbour, by virtue of ‘Campbeltown Harbour Acts and Orders 1846 to 2011’.
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 Craignure Harbour, by virtue of the ‘Argyll County Council (Arinagour and Craignure Piers,
etc) Order 1961’.
 Carradale Harbour, by virtue of the ‘Pier and Harbour Orders Confirmation (No 3) Act, 1901’.  
 Port Askaig, by virtue of the ‘Islay Piers Order 1904’.  
The Council will seeks to regulate, as far as is reasonably practicable, all activities throughout its
Piers and Harbours ensuring that all National Legislation, Local Bylaws and Directions are enforced
and complied with. 
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4.0 Delivery of Council Duties and Powers 
Argyll and Bute Council as Harbour Authority and a marine facility owner and operator, is required to
comply with its duties and powers laid out under existing national and local legislation, as
appropriate.  
4.1 Marine Operations and control of the Safety Management 
Marine Operations within the Argyll and Bute Council are diverse and range from small leisure craft
to large cargo vessels and numerous Passenger and Vehicle Ferry Services. Fishing Vessels are also
regular users of the, Council Ports of Campbeltown Oban and Rothesay, as well as some of the
smaller quays within the Council’s area of jurisdiction.
The Marine Safety Management System aims to provide for the safe use of Piers, Harbours, Quays
and slipways by all vessels and users.
The Marine Safety Management System does not replace any appropriate legal or administrative
requirements laid down by The Health and Safety Executive, Maritime and Coastguard Agency (etc) ,
it will nonetheless harmonise with other safety, emergency and environmental systems in place.
4.2 Local Port Services 
Under local Acts of Parliament, Statutory Harbour Authorities have duties to protect their harbours
and regulate the approaches to them. The provision of a Local Port Service should be based on the
Formal Risk Assessment process, when all mitigating factors have been considered.
The Council is content that the level of activity in its harbours can be managed by Local Port Services. 
Any move to provide an enhanced service will be preceded by a Formal Safety Assessment.  Such an
Assessment will determine whether a VTS is an appropriate risk control option to enhance the safety
of shipping, maritime users, members of the public and the protection of the marine environment. 
See Marine Guidance Note 401 (M + F) and Marine Guidance Note 401 (M + F) Amendment 3 issued
by the Maritime and Coastguard Agency (MCA). 
4.3 Pilotage 
The Argyll and Bute Council (Pilotage Powers) Order 2007 SSI/2007/3  
Argyll and Bute Council shall under the Argyll and Bute Council (Pilotage Powers) Order 2007 be a 
Competent Harbour Authority in respect of the harbour of Campbeltown for the purposes of the
Pilotage Act 1987, and as the CHA, authorises Pilots to serve the whole area of jurisdiction as laid out
in the Campbeltown Harbour and Burgh Act 1876, and as given in the Pilotage Direction so
promulgated. 
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Argyll & Bute Council’s responsibility in respect of Pilotage in its Harbours is to: 
• Ensure that the operation of the Pilotage Services is compliant with National Regulations,
Guidelines and Competency Standards. The Council will engage competent and authorised
Pilots.
• Keep under review its Pilotage Directions to ensure they are fully in accord with the Marine
Safety Management System and guidance in the Port Marine Safety Code. 
• Issue Pilotage Exemption Certificates (PEC) to bona fide deck officer of ships that meet the
criteria laid down and monitor the performance and discipline of PEC holders in respect of
requirements laid down in Pilotage Directions . 
4.4 Emergency Preparedness 
The PMSC states that the MSMS should include preparations for emergencies and that these should
be identified as far as practicable from the formal risk assessment.  It also states that these should
be published and exercised.  The relevant Emergency Response Plans are as detailed in the annexes
for each of the main harbours.  
For pollution response further information is available under the Oil Spill Response Plan that each
harbour has implemented as required by the International Convention on Oil Pollution
Preparedness, Response and Co-operation Regulations (OPRC), the Plans can be found in individual
Harbour Annexes. Argyll & Bute Council also has in place established procedures for emergency
situations.  Emergency plan exercises take place at regular intervals to familiarise and update staff
on these procedures and to test response actions and communication structures. 
4.4.1 Oil Pollution Preparedness 
In accordance with statutory requirements to prepare for and respond effectively to any incident of
oil pollution, each Port has an Oil Spill Contingency Plan which has been written in accordance with
the requirements of M.S. (Oil Pollution Preparedness, Response and Co-operation Convention
Regulations 1998) and has been approved by the MCA.  The Plan details the structured response and
notification procedures required in the event of an oil pollution incident.  
Pollution incidents are tiered as follows: 
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• Tier 1 - Spills which can be dealt with using the resources retained on site; 
• Tier 2 - Spills which require mobilisation of additional resources and the Tier 2 oil
spill contractors; and 
• Tier 3 - Spills which require mobilisation of national resources. 
In the event of an Oil Spill emergency, a response centre would be set up at a predetermined point
within the relevant Council office dealing with Tier 2 or Tier 3 oil spills.  It will be manned for all Tier
3 incidents and at the discretion of the command team leader for Tier 2 incidents. 
4.4.2 Emergency Organisation And Management responsibility
The Marine Operations Manager will review the Emergency and Oil Pollution Plans in conjunction
with the Harbour Masters and Technical Officers on an annual basis. 
4.4.3 SOSREP 
The role of the Secretary of States' Representative for Maritime Salvage and Intervention (SOSREP)
was created in 1999. SOSREP represents the Secretary of State for the Department of Energy and
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Climate Change in relation to offshore installations, and the Secretary of State for the Department
for Transport in relation to ships and tankers.
The SOSREP is in automatic charge of the emergency response to a serious marine incident.
In practical terms, SOSREP will take their decisions based on the advice given by the particular
experts in action on the emergency. They will agree the salvage plan provided by the Marine Safety
Management System salvage contractors and will require it to be amended in the light of other
strong advice. They may ask for additional resources, or call upon other expertise. SOSREP is
empowered to Make crucial decisions, often under time pressure, without recourse to a higher
authority, where such decisions are in the "overriding UK public interest”. 
4.4.4 Dangerous Goods in Harbour Areas Regulations 2016 
The entry and presence of dangerous, hazardous and harmful cargoes in port areas and any
consequential handling must be controlled to ensure the general safety of the area, the containment
of such cargoes, the safety of all persons in or near the port area and the protection of the
environment. The safety of life and the safety of a ship, its cargo and all persons on Board in a port
area are directly related to the care which is taken with such cargoes prior to loading or unloading
and during the handling.  All dangerous goods being transported or handled through the port will be
handled in accordance with the Dangerous Goods in Harbour Areas Regulations 2016 except that
being stored under the COMAH Regulations. The Regional Emergency Plan is maintained to
effectively handle emergencies involving dangerous substances. There is also a National Emergency
plan that would come into effect in the event of a major Incident that called for National resources
and intervention National Emergency Plan.  Vessels carrying oil or gas are required to confirm the
vessel has no defects by completing a Tanker checklist form prior to berthing. 
The Harbour Master has the power to prohibit the entry into a port of any vessel carrying dangerous
goods, if the condition of those goods, or their packaging, or the vessel carrying them is such as to
create a risk to health and safety, and to control similarly the entry on to dock estates of dangerous
substances brought from inland. The Harbour Master also has powers to regulate the movement of
vessels carrying dangerous goods.  Vehicles carrying dangerous goods should only be parked in
designated areas. Additional requirements are required for handling radioactive substances (Class 7)
and explosives (Class 1). 
4.4.5 Explosives
Within Argyll and Bute Council Ports and Harbours, a small number of ports have Explosives
Licences.  This are in place for: 
Licence Reference Harbour Area
XI/1811/100 ARDMINISH GIGHA
XI/1811/103 IONA FERRY SLIPWAY
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4.4.6 Civil Contingencies 
The Civil Contingencies Act 2004 and the Civil Contingencies Act 2004 (Contingency Planning)
(Scotland) Regulations 2005 (as amended) is the legislation that outlines the key organisations and
their duty to prepare for civil emergencies within Scotland.
All Harbours Emergency Plans have been formulated in accordance with the afore mentioned Acts,
and Regulation 26 of the Dangerous Substances in Harbour Areas Regulations 1987 (DSHA) and the
Port Marine Safety Code, the Port Security Regulations and the Oil Pollution Preparedness Response
and Co-operation Regulations. 
The plans have been drawn up to deal with emergencies involving; 
• Fire.
• Explosion.
• Escape of hazardous  substances.
• Collision, sinking or stranding of vessels.
• Grounding.   
4.5 Incidents 
An incident occurring within Argyll & Bute Council managed harbours will be graded depending on
the nature of the incident, the possible effects on life, the environment, the port operations and the
level of response required by the relevant Harbour Master, the emergency services and others in the
port estate. 
Each Port has its own Port Emergency Plan.  
When a marine incident has occurred, the Harbour Master should be informed immediately as per
the Port Emergency Plan. 
4.5.1 Minor Incidents
XI/1811/104 FIONNPHORT FERRY SLIPWAY
XI/1811/105 TAYINLOAN FERRY SLIP, KINTYRE
XI/1811/96 FEOLIN
XI/1811/55 CRAIGNURE PIER
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Minor incidents are those that can be handled within the everyday resources of each of the
individual harbours.  Although the emergency services or other organisations may be notified or
required to assist, such assistance will be routine. 
4.5.2 Major Incidents
A major incident may be defined as being beyond the normal day-to-day capacity of the Harbour
Master and will require the special and extensive mobilization of the Emergency Services.  Examples
of major incidents may include- 
• Death or serious injury to any number of people.
• Extensive damage or contamination to the environment. 
• Extensive damage to vessel, installations, berth facilities and quayside equipment.
• Serious disruption to the operation of the harbour.  
• Incident aboard a Vessel.  
The Master of any vessel which has an incident aboard must immediately inform the Harbour
Master and contact the appropriate emergency services. 
4.5.3 Incident Procedures 
Initial Assessment, Response and Alarm 
Whenever an incident occurs within an Argyll & Bute Council managed harbour, a full initial
assessment will be carried out where possible and the response will be tailored to that incident.  If
necessary the appropriate plan will be activated.  All incidents should be reported to the Harbour
Master who will alert the appropriate management, engineering/operations staff in line with the
appropriate Emergency Procedures. 
Primary response functions include: 
• Notification/alerting. 
• Situation assessment
• Strategy development. 
• Incident management.
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• Response strategy. 
• Equipment deployment.
• Communication support. 
• Logistics support.
• Public affairs/media. 
• Safety/security. 
• Legal support. 
• Vessel casualty. 
During all incidents, all persons concerned should maintain a log of all communications and actions 
4.6 Accident and Incident Investigation 
Investigations of accidents and incidents have two essential purposes: 
• To determine the cause of the incident, accident or near miss with a view to
preventing a recurrence of that incident or accident.
• To determine if an offence has been committed; if so, there may be the need on the
part of Argyll & Bute Council to initiate criminal proceedings in their own right or
through the agency of another authority such as the Health and Safety Executive
(HSE) or the MCA. 
All minor marine incidents or accidents will be investigated at the discretion of the Harbour Master. 
All major incidents or accidents will be investigated by an appropriate authority. 
Any marine incident that involves the waters adjacent to the port limits, or involves a licensed pilot
or PEC holder will be investigated.  Investigations for major marine incidents or accidents may not
necessarily be carried out under the authority of the Harbour Master.  The investigation may be part
of a criminal investigation and the primacy for the investigation will remain with the lead agency,
namely: police, HSE, MCA or MAIB. 
4.7 National Regulatory Framework 
The legal framework for incident investigation is effectively summarised as follows: 
• The MCA is responsible throughout the UK for implementing the Government’s
maritime safety policy. 
• The MAIB investigates accidents related to ships and crew. 
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• The HSE investigates land based accidents, and accidents occurring on offshore
installations. 
Provided that the primacy for a given investigation is with Argyll & Bute Council, incidents will be
investigated to find out the facts of what happened and so identify the causes of their occurrence
and determine the actions that must be taken to prevent recurrence.  They should not be
investigated to apportion blame but need to be fact finding and not fault finding.  Incidents are
rarely simple and almost never result from a single cause.  They are normally events resulting from a
combination of actions, omissions, errors, failures, changes and oversights. 
To ensure an effective incident investigation the process should: 
• Record key information. 
• Obtain basic facts and establish the circumstances of what happened. 
• Identify and investigate both immediate and underlying causes. 
• Analyse the findings. 
• Determine the action needed to prevent a recurrence and make recommendations. 
• Require a check that the recommended actions have been acted upon. 
• Re-appraise the existing risk assessments and safe systems of work. 
• Review the control standards and the success in meeting them satisfy the legal
reporting and recording duties. 
• Obtain details, which might be needed if the incident becomes subject to an
insurance claim or legal action. 
• The investigation should look beyond the actual situation to see whether it could
have been worse. 
4.8 Statutory Reporting Requirements 
The MAIB is responsible for the investigation of all types of marine accidents, both to vessels and to
those on board.  The MAIB is an independent branch within the Department for Transport (DfT) and
is separate from the MCA.  The MAIB’s head, the Chief Inspector of Marine Accidents, reports
directly to the Secretary of State on accident investigation.  They and their professional staff, who
are drawn from the nautical, fishing, marine engineering, and naval architecture disciplines, are
appointed by the Secretary of State under the provisions of the Merchant Shipping Act 1995.  An
administrative staff deals with records, data analysis and publications, policy matters, and provides
general support. 
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Marine Guidance Note MGN 564 [M+F] (“Accident Reporting and Investigation”) is addressed, inter
alia, to Harbour Authorities.  It explains the reporting requirements of the new Merchant Shipping
(Accident Reporting and Investigation) Regulations 2012.  Details of what should be reported are
given in Annex A of the Notice. 
Argyll & Bute Council will report any notifiable accident of which they are aware to the Chief
Inspector of the MAIB by the quickest means available. 
The MAIB’s Incident Reporting Form provides a convenient format for reports but plain narrative
giving the above information may be used if the form is not available.  As full an account as possible
should be given whether or not the form is used; the list of items given in the M Notice is not
intended to be limiting and any matter should be included which will help to make the
circumstances clear or to show how similar incidents may be prevented.  Sketches, plans and
photographs of the damaged areas, taken both before and after the event, are often helpful and
may be attached to the report. 
4.9 Enforcement Procedure 
Argyll and Bute Council is responsible under the PMSC for the effective enforcement of regulations
made and directions given to assist in managing marine operations and ensuring safety of navigation
within the managed harbours.  
Enforcement underpins navigational safety by ensuring compliance with such regulations and
directions: it requires effective surveillance, incident investigation, and leads, where appropriate, to
sanctions imposed either by the Council or by the Courts.  
Where necessary, and where empowered, the Council will prosecute offenders for committing
offences.  
4.9.1 The Need to Enforce 
The Port Marine Safety Code 
Argyll & Bute Council complies with the PMSC requirement and has policies and procedures that are
properly and effectively enforced.  It follows that these policies need to be implemented by
procedures and this manual is part of that process.  The PMSC makes it clear that the statutory
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powers that Argyll & Bute Council Harbour Authority has to regulate conduct and activities should be
used to assist in managing identified risks. 
The Harbour Authority as a Statutory Body 
A Harbour Authority is a body created by statute to serve a public interest to manage, maintain and
improve the harbour.  The local laws, powers and enabling legislation provide the ability for it to
make bye-laws and give legally binding directions.  It therefore follows that Argyll & Bute Council has
to demonstrate it can initiate enforcement action that may lead to prosecution. 
Argyll and Bute Council has its own legally binding rules subject to a consultation and approval
procedure to ensure everybody can use the harbour safely.  It follows that as Argyll and Bute Council
can make the rules, it must be able to deal effectively with those persons that break them.  The vast
majority of people who use Argyll and Bute Council managed harbours are responsible and law
abiding.  Some people will make mistakes, some people will benefit from education and some will
need to be warned.  In some circumstances misconduct may be so serious that Argyll and Bute
Council may decide that it should be for the Courts to deal with and a prosecution will be initiated. 
Through the whole range of enforcement options Argyll and Bute Council will demonstrate that it
has developed a consistent approach reflected by procedures that work.  They will also demonstrate
that they have the capability of effectively prosecuting offenders who deserve to be prosecuted. 
Warnings have their place and Argyll and Bute Council, when necessary, will prosecute an offender in
order to maintain its credibility as a regulatory authority.  Successful prosecutions can also provide a
very worthwhile deterrent to other harbour users. 
4.9.2 The Enforcement Options
Enforcement covers everything from cordial education on the conduct expected, to prosecution on
indictment in the appropriate Court. 
The range includes: 
• Information and Instructional leaflets. 
• Informal education. 
• Formal education - e.g. seminars, briefings etc. 
• Formal advice - e.g. in Local Notice to Mariners. 
• Informal warnings; Formal warnings.
• Prosecution. 
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Which option from the above range is used will depend on the circumstances of each particular
incident and will include consideration of the following: 
• The severity of the misconduct.
• The risk caused and associated with the misconduct. 
• The consequences of the misconduct. 
• Any repetition of the misconduct.
• The attitude of the person involved. 
• The need to provide a deterrent. 
• The evidence available. 
• The interests of the public.
• Any considerations of the relevant Harbour Master and Argyll and Bute Council
Harbour Authority.
• The knowledge and experience of the suspect. 
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5.0 Marine Risk Management 
The Marine Safety Management System is based on Formal Safety Assessment and is subject to a
continual Hazard monitoring and Risk Assessment Process. The Marine Safety Management System
is subject to continual review to monitor its application and effectiveness
5.1 Marine/Navigational Risk Assessments 
Marine and Navigational Risk Assessments are required at all Council ports, harbours, piers and
slipways.  The Code’s Guide to Good practice provides information on the intended form and
content of the risk assessments.  The principles employed in carrying out the risk assessment
include: 
 Identify hazard and analyse risks;
 Assess those risks against an appropriate standard of acceptability; and
 Where appropriate, consider a cost-benefit assessment of risk reduction measures.   
The process of assessment used by the Council is continuous and reflective, so that new hazards to
navigation and marine operations are identified and properly addressed.  Central to the risk
management process within is the concept of reducing risk to levels which are ‘as lowest as
reasonably practicable’ (ALARP).  ALARP is an industry-wide standard, applying to both health and
safety and port marine safety.  Central to this standard is the term ‘reasonably practicable’.  To meet
this standard, the risk assessments balances risk against the effort, time and money required to
control the risk.  
In determining whether the predicted level of risk is tolerable and acceptable, the following
questions are considered: 
 Is the risk below any unacceptable limit that has been established?
 If so, has it also been reduced to ALARP? 
The risk is tolerable and acceptable if the answer to both these questions is ‘Yes’.  Argyll and Bute
Council, as the harbour authority consider that any final risk outcome in the High or Very High band,
is intolerable.  Following which, all hazard scenarios have risk reduced to a point concluded to be
ALARP.  
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Classification Score Outcome
Very High Risk 9.00-10.00 VH
High Risk 6.00-8.99 Hig
Significant Risk 5.00-5.99 Sig
Moderate Risk 4.00-4.99 Mod
Low Risk 1.00-3.99 Low
Negligible Risk 0.01-0.99 Neg
No Risk 0 Non 
5.1.1 Risk Controls
Marine and navigational risks for all marine activity, associated with the Argyll and Bute Council’s
SHAs and marine facilities have been assessed.  The assessment has the following parts:
1. Identification of hazard definitions and scenarios (i.e. descriptions of hazard and outcome).  
2. Risk analysis, including identification of causes that may lead to one of the described hazard
scenarios (i.e. an accident or incident outcome).
3. Consideration of existing (embedded) mitigation measures, which either control or address
the outcome of an accident or incident.
4. Additional (future) risk controls, which are not currently in place, but could be used to
further reduce or eliminate risk.   
The hazard scenarios are used to identify potential undesirabley outcomes.  These are considered
according to their ‘Most Likely’ and ‘Worst Credible’ outcomes.  This provides the option to consider
very serious outcomes, which could credibly occur, along with outcomes that are less serious, but
could occur on a more frequent basis.  The risk assessment process, following the Code’s Guide to
Good Practice evaluates the outcome on four receptors:
 People; 
 Environment; 
 Property; and 
 Port (reputation/amenity loss) 
Embeded controls are considered, these are the controls already in place.  Some are provided by the
Council, others from emergency response providers and some are part of the maritime community
(for example, standards for equipment, training, experience etc).   
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Principal controls available at SHA’s with appointed Harbour Masters and powers of direction
include: 
• Bye-laws: provide a general framework for rules of navigation which apply to all vessels -
including speed limits, defining fairways, anchorages, etc. - and which can be treated as
unlikely to require frequent or short term amendment.  
• Special directions – may be given by the harbour master: these directions are time and
vessel specific and are apt for operational purposes of short duration and for emergencies.  
• General or harbour directions – some harbour authorities have more effective powers of
general direction or harbour direction to be given by the authority itself.  Directions should
apply to all vessels including where a vessel is conducted by a pilot or the holder of a
pilotage exemption certificate.  
• Pilotage directions - in circumstances in which pilotage is compulsory.  
• Dangerous vessel directions - permitting a Harbour Master to remove a vessel from the
harbour in clearly defined circumstances.   
The Applicability of the above will vary from Port to Port. 
The use of all these powers, governed by the Argyll & Bute Harbour Board formal risk assessment,
supports the Marine Safety Management System.  It is to be noted, in this connection, that the
master - or pilot - of a vessel is not obliged to obey directions if they believe that compliance would
endanger the vessel.  
5.1.2 Future Risk Controls
Additional controls have been identified to ensure that risk levels are reduced to a level which is
considered to be ALARP.  These additional controls are safety recommendations which will further
reduce frequency and consequence and informs future risk scores.  The identified measures, if fully
adopted, should be incorporated into Argyll and Bute Council’s harbour operational plans.  Once a
future risk control has been implemented, it becomes an embedded control.  Just because the risk
assessment process has identified a future control, does not mean this control will be added – it
must first be subject to a cost/benefit review, conduced by the Marine Operations Manager.   
5.1.3 Update of Marine/Navigational Risk Assessments 
Navigational risk assessments are maintained for the main ports and harbours as a minimum.
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The regular (annual) review of these risk assessments and any new risk assessments caused by
operational changes will identify new risks.  As a consequence new controls will be implemented in
order to bring the risks down to “as low as reasonably practicable”.  The process of continuous
assessment and review will enhance the safe operation of the Argyll and Bute Council managed
harbours, slipways and piers. 
5.2 Dynamic Risk Assessment 
Risk Assessments can be of two types: 
 Planned formal assessments which provide the necessary framework to identify how all Risk
Assessments are carried out in practice.
And 
 Dynamic Risk Assessments which helps the individual to assess a situation which is
constantly changing and to adapting response measures as appropriate moment by
moment.
Examples where Dynamic Risk Assessment may be required may include.
 Handling a Major Incident.
 Navigation of vessels in poor visibility.
 Equipment failure (shore or ship).
 Obstruction in Port Approaches.
 A combination of the above.
Dynamic Risk Assessments will, by definition, not be recorded, and so evidence of these taking place
will be minimal. However, it should be evident from monitoring and inspection exercises that DRA is
taking place. Over time some Dynamic Risk Assessments will lead to a review and revision of the
Formal Risk Assessment and there will be evidence of this. Team meetings or other regular dialogue
to discuss the effectiveness of performance may also be useful in this regard. 
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Appendix E MSMS
6.0 The Marine Safety Management System (MSMS) 
The Port Marine Safety Code requires Harbour Authorities to demonstrate compliance with the Code
by the development and implementation of Policies and Procedures commensurate with Marine
Operations that take place within their jurisdiction. The MSMS, as administered and managed
applies to marine operations and activities within the Council’s piers, harbours and slipways.  The
scope of the MSMS includes:  
• Port and Harbour Operations;
• Commercial shipping operations; 
• Marine leisure and sports activities; and 
• Marine operations undertaken by any support or service organisation; including: 
o dredging, 
o ship and craft towage, 
o pilot boarding and landing, 
o mooring and line handling and other marine services. 
6.1 Structure of the MSMS 
The Argyll and Bute Council’s Marine Safety Management System consists of:
Volume I - Policies & Statements: This Section sets out the Safety and Environmental Policies,
Marine Safety Management Procedures and the Roles and Responsibilities of office holders and staff
concerned with ensuring the safety of Marine Operations within the Councils area of responsibility. 
Volume II – Maritime Assets:  This Section contains Port specific information and standard Processes
and Procedures applicable across Council Marine Assets.
Volume III – System Documentation: This Section contains Port Specific Processes and Procedures
which although tailored to each individual Port will follow a common structure to ensure consistency
across all assets. 
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Appendix E MSMS
7.0 Review and Audit 
Monitoring, reviewing and auditing of the Council as an Organisation under the Code, is a key
requirement.  This process allows for the Designated Person to report on effectiveness of the system
to the Duty Holder and Harbour Board.   
7.1 Review of the Safety Management System 
The Review process will focus on the effectiveness of the Marine Safety Management System by
means of:
 Reviewing Internal PMSC Reports from all Ports on a regular basis;
 Regular review of Risk Assessments;
 Internal and external Audits;
 Advice and Guidance from Statutory and Industry Bodies;
 Applicable changes to Local and National Legislation reviewed and implemented; and
 Accidents / Incidents that occur being analysed to identify System strengths and
weaknesses.
Periodical Review: Additional to the above the Marine Safety Management System will be reviewed
and reissued by the Marine Operations Manager every three years and subject to the Designated
Person review as part of the external audit cycle.   
7.2 Internal Review
Marine Operations Manager will ensure the effectiveness and compliance of the Marine Safety
Management System is reviewed on an annual basis, corresponding to a formalised plan agreed with
the Designated Person and the Duty Holder.  If required, the Marine Safety Management System will
be reissued following authorisation from the Harbour Board.  
Marine Staff will monitor and review the Marine Safety Management System to ensure its
effectiveness and compliance with the Port Marine Safety Code.  The Review Process will include
consideration of the following: 
 Regular Marine Operations Staff meetings;
 Internal and external audits including follow up action points requiring review; 
 Changes to Council areas of responsibility;
 Review of Risk Assessments;
 Changes to applicable Legislation and Guidance;
 Direction received from Statutory Bodies; and
 Advice from the Designated Person.  
7.3 External Audit of Code Compliance Statement
An annual independent audit of the Marine Safety Management System will be provided by the
Designated Person.  This audit will be part of an audit cycle, considering all Council Statutory
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Appendix E MSMS
Harbour Authority ports and harbours, over a five year period.  In addition, selected marine facilities
will also be audited on a periodic basis.  Outputs from the audit cycle will be presented to the Duty
Holder and Harbour Board and the outcome of this consideration will be recorded.
An annual statement by the Designated Person, will be made to the Duty Holder and Harbour Board
during Quarter 1 of each year.  This statement will summarise the audit process from the previous
calendar year and provide a statement regarding the Council’s level of Compliance with the Code.  
7.4 Audit 
As noted above, performance indicators cannot in themselves confirm compliance with the MSMS
and the PMSC.  Furthermore, the MSMS is one of continuous development and improvement, in
response to changing events and circumstances.  It is therefore necessary to confirm that the MSMS
remains fit for purpose and ensures compliance with the Code by means of regular audit and review. 
Audits are conducted to achieve the following objectives: 
• To determine if the MSMS is being operated in accordance with Argyll & Bute 
Council Policies and, the provisions of the PMSC; 
• To monitor the overall effectiveness of the system; 
• To identify and implement ways of improving overall performance; 
• To confirm that relevant procedures are understood and being actioned by those
involved. 
The overall objective is to implement systematic, independent audits to support the continuous
improvement in navigational safety performance. 
The “Designated Person (DP)” (as defined in the PMSC) shall undertake periodic audits/reviews of
the MSMS for the purpose of assessing the following: 
• The continued provision of an appropriate and effective MSMS; and 
• Argyll & Bute Council’s ongoing, overall compliance with the requirements of the
Code. 
Outcomes from the annual audits will be reported to the Duty Holder at regular Harbour Authority
meetings, and summarised in the annual report.  The DP will meet the Duty Holder, MOM and
relevant HM to discuss the PMSC related issues arising from the audit process. 
7.5 Management of Change
Change is often necessary in an organisation to reflect changing circumstances. Changes may be
necessary at a Strategic or Operational level including new technologies. 
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Where changes are required to the Marine Safety Management System following Audits or review or
where guidance or advice is received from Statutory bodies, then such changes are to be decided
upon by the Marine Operations Manager and approved by the the Duty Holder. Significant changes
will result in a reissue of the MSMS which will be approved by the Argyll and Bute Council Harbour
Board. 
7.6 Document Control 
As with many Council Documents, the Marine Safety Management System Document is considered a
“live” document` and, as such, will be subject to change from time to time as circumstances alter.
The document will be available for viewing online and links to other relevant documents will be
provided to ensure that the latest versions of documentation are being viewed. 
All Documents are periodically reviewed for continuing suitability. Prior to implementation, any
changes to Documents shall be consulted on and agreed by the Marine Operations Manager.  
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Appendix E MSMS
8.0 Competence and Training 
Argyll & Bute Council will ensure that everyone who has responsibilities or is involved with the safety
of navigation, is qualified and competent to do the job; and will ensure staff meet the nationally
agreed standards of competence, or alternatively be able to show that their local competency
standards are fully equivalent.  
The general principles in relation to staff competence and development as outlined in the PMSC are:  
• Systems developed by an authority with the aim of making best use of appropriate
powers are likely to fail unless those people assigned any role in the system are
competent and trained to nationally agreed standards; 
• The foundation to these standards is an understanding that securing port safety is a
team operation demanding an appreciation of the work of other specialists; 
• Harbour authorities should assess the fitness of all persons appointed to positions
with responsibility for the safety of navigation; and 
• Harbour authorities should adopt a training strategy that develops a shared
understanding of their marine safety management systems and promote the
involvement of port users in training programmes. 
8.1 Training Matrix 
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. 
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Appendix E MSMS
9.0 Marine Safety Plan 
The Code provides detail on the way in which Harbour Authorities should show commitment to
maritime safety and to ensuring the involvement of harbour users.  The PMSC specifically requests a
‘safety plan for marine operations’ also termed a ‘marine safety plan’ which should be published at
least once every three year.  This document is reviewed and reissued by the Duty Holder, and
confirms how commercial pressures are managed without affecting the safe provision of services
and the efficient discharge of its duties.  The responsibility for issuing this plan rests with the Duty
Holder.  
9.1 Measuring Performance 
Argyll & Bute Council adopts two approaches for measuring its performance: 
• Active Systems: - which are used to monitor the achievement of plans and the
extent of compliance with any standards; and 
• Reactive Systems: - which monitor accidents, ill health, incidents and other evidence
of deficient health and safety performance, such as hazard reports. 
9.1.1 Active Systems 
Argyll & Bute Council performs periodic formal checks to ensure that the procedures documented
within the MSMS are functioning.  
Each Harbour Master must also perform: 
• Random observation of work and behaviour to assess compliance with procedures,
rules and systems.  These activities will be aimed particularly at those directly
concerned with the management of risk within the harbour; and 
• Annual questionnaire surveys of managers and other employees to assess behaviour
and attitudes towards marine safety within the harbour. 
The results of any active monitoring will be documented formally and where appropriate the port
will make comparison with previous monitoring exercises.  The findings are reviewed with the
Harbour Master along with details on any failings of the systems and recommendations for
improvement.  If required, an action list is prepared and managed by the Harbour Master to ensure
that agreed responses are completed satisfactorily.  
The ability to complete agreed responses satisfactorily and on schedule is also used as an indication
of the overall performance of the harbour. 
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Appendix E MSMS
At the main Commercial Ports, Navigation Safety Management Groups meet to review and improve
the safety and efficiency of navigation in the harbour area and to protect the marine environment
and the surrounding Harbour area. 
Operational matters considered will include the following: 
• The operation of the Marine Safety Management System in respect of Navigation
safety, improving this where necessary and setting new targets; 
• Incident investigation including Root Cause Analysis and the implementation of
corrective action where required to achieve zero reportable accidents or incidents; 
• Ensuring the effective communication of appropriate information in respect of
navigational safety to all stakeholders; 
• The group will identify action points where appropriate and report to the Marine
Manager on a monthly basis on all aspects of navigational safety and incidents
within the relevant harbour area. 
9.1.2 Reactive Systems 
Reactive monitoring is performed in response to reports of incidents/near misses and non-
conformances that tend to be generated through an incident report.  
On receipt of a report the Harbour Master will initiate an investigation to determine both the
immediate and the underlying organisational causes of the event.  This process is recorded using an
incident report which also requires that any resulting actions be documented and a responsible
person assigned.  The Harbour Master manages this process to ensure that responses to the
monitoring are completed satisfactorily.  These records are retained for audit purposes. 
All marine incidents are reviewed by the Marine Safety Committee at the quarterly Harbour Master
meetings.  A summary of all incidents is made to the Designated Person on a monthly basis with full
details given of any which are regarded as serious.  The reports made will be classified into different
incident categories to assist in the identification of common trends and areas requiring focus for
improvement. 
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Appendix E MSMS
10.0 Conservancy 
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.  To achieve the
conservancy requirements, the Harbour Authority must:
• Survey as necessary to identify the best navigable channels for vessels to navigate.
• To place and maintain navigation marks where they will be of the best use to
navigation (both for night and day).
• To keep a ‘vigilant watch’ for any changes in the sea bed affecting the channel or
channels and move or renew navigation marks as appropriate. 
• Keep proper hydrographic and hydrological records.
• To publish as conspicuously as possible such further information that will
supplement the guidance given by navigation marks.  
10.1 Hydrographic Survey 
Argyll and Bute Council is responsible for establishing and pursuing a programme of harbour
hydrographic surveys and maintenance of navigational channels. Its responsibilities include: 
• Responsibility for all hydrographic surveying and associated record keeping for
harbour areas carried out to Special Order standard.
• Ensuring the frequency and methodology for hydrographic survey operations will be
determined primarily by a risk assessment, rather than by the blanket adoption of a
set of rigid criteria.
• Preparing and collating up to date information on channel data for UK Hydrographic
Office.
• Making current survey information available to the harbour community.
• Liaising with the harbour community and UK Hydrographic Office to improve the
relevancy and accuracy of harbour charted information. 
10.2 Dredging 
Argyll and Bute Council has authority (subject to consent from Crown Estate Scotland and Marine
Scotland) to undertake dredging operations for maintenance or channel improvement purposes. The
results of hydrographic surveys are analysed to establish the need for maintenance dredging.  All
dredging operations will potentially be subject to an Environmental Impact Assessment (EIA) and/or
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Appendix E MSMS
a Best Practicable Environmental Option (BPEO) assessment and acquisition of a licence to dispose
of dredging spoil.   
10.3 Aids to Navigation 
As part of the Government commitment to the Safety of Life At Sea (SOLAS) convention, and as
directed by the Merchant Shipping Act 1995, Northern Lighthouse Board (NLB) as a General
Lighthouse Authority (GLA), has responsibility for the superintendence and management of all
lighthouses, buoys and beacons within Scottish.  
Under the Merchant Shipping Act 1995 Section 193, each statutory harbour authority is the local
lighthouse authority (LLA) for the area within which it exercises its statutory powers and duties. All
navigational marks and lights owned by CMAL as the Local Lighthouse Authority (LLA) for the
harbours under its control are established and maintained in accordance with the availability criteria
laid down by the Northern Lighthouse Board. In order to meet these criteria, a rolling-programme of
inspection and maintenance is undertaken through an external contractor. 
10.4 Wrecks and Abandoned Vessels 
The 1959 Act, Section 33 provides powers to remove or destroy wrecks.  This power is further
strengthened by Section 252 of the Merchant Shipping Act 1995.  Wrecks may also be lit and
buoyed, until they are raised, removed or destroyed.  Argyll and Bute Council exercises its powers in
respect of wrecks to mark and remove wrecks which in their opinion, are a danger, or likely to
become a danger to navigation. 
8.2 Training Plan Responsibilities 
Table 1: Training Plan Responsibilities 
Post  Guidance/Mentoring Responsibility 
Marine Operations Manager Head of Roads and Amenity Services
Harbour Master Marine Operations Manager
Technical Officers Marine Operations Manager
Assistant Harbour Masters Harbour Master
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Appendix E MSMS
Pier Operatives Harbour Master
Ferry Operatives Technical Officer for Ferries 
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ARGYLL AND BUTE COUNCIL     ARGYLL AND BUTE HARBOUR BOARD
ROADS AND INFRASTRUCTURE SERVICES                      31 AUGUST 2023 
PIERS & HARBOURS - 
MARINE ASSET MANAGEMENT PLAN 
1.0 INTRODUCTION 
1.1 This report provides Members with a review of the marine works Asset
Management Plan. It includes an update on significant and major programmes
currently planned and underway within Argyll and Bute Council’s Marine Asset
Management Plan (AMP) as well as schemes added since the last update. 
2.0 RECOMMENDATIONS 
2.1 Members are asked to:
2.1.1 Consider the update on the major programmes currently being addressed
within the Argyll and Bute Council’s Marine Asset Management Plan.
2.1.2 Note that £9.2 million worth of capital works are underway for the financial
year 2023 2024.
2.1.3 Note that there is a potential spend of c.£110 million over the next 5 years,
the majority of which will support the new CMAL & CFL / CalMac fleet
renewal.   
3.0 BACKGROUND 
3.1 Argyll and Bute Council continue to work closely with Transport Scotland, CMAL
and CFL / CalMac to support Island and rural communities with marine links to
the mainland, Central Belt resources and tourist revenue.
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3.2 Lifeline ferry services are prioritised and the CMAL vessel replacement
programme for Islay, Mull, Iona and Gigha all require infrastructure upgrades to
meet the new vessel’s requirements. 
3.3 Shore power upgrades for overnight charging of vessels and the associated
infrastructure requirements have been completed in Craignure for the Loch Frisa;
and preparation work is now underway for Fionnphort and Gigha.
3.4 Crew and passenger’s safe boarding and access will be improved with our
programmes at Fionnphort, Feolin, Dunoon and Kilcreggan, while studies will be
completed for the Council’s own ferry services infrastructure.
4.0 DETAIL 
4.1 The Marine Asset Management Plan is an adaptable plan fed into by changing
priorities and circumstances. It also relies on steady and predictable income from
those ferry services utilising Argyll & Bute Council infrastructure. 
In recent years the COVID-19 pandemic and the UK’s withdrawal from the
European Union has made some of the variables less predictable and our ability
to engage contractors and consultants more difficult. 
Costs are best estimated and closely watched for best value. Rising prices and
availability of resources are risks which will need to be monitored in each of the
projects and forecasts adjusted accordingly. 
4.2 The latest version of the Marine Asset Management Plan is attached as annex A
and planned expenditure is included in the updates. It includes the following
significant works: 
4.2.1 Iona & Fionnphort
CMAL’s Small Vessel Replacement Programme (SVRP) vessel no 3 of 7
is expected Q3 2027.
Presently, we are uploading the planning application with a view to tender
this year, contractor award and start of works in the spring / summer of
2024 and a completion summer 2025. The present forecast of 1 year
construction may be subject to the contractor work scope and supply
chains, particularly rock for armour. Expected expenditure this year is
£500k.  
Alongside this is the preparation is progressing with Fionnphort to ensure: 
  Overnight berth 
  Safe access for crew 
  Sheltered berthing 
  Charging and supply facilities 
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  Traffic survey to enhance the passenger road user interface at the
terminal area. 
An Environmental Impact Assessment (EIA) is in process including the
socioeconomic assessment. Design colleagues have addressed all
potential issues with CalMac Marine regarding swept paths and
approaches. When Marine Scotland approve the EIA we will continue with
the marine licences and other preparations with a view to tender in the
summer of 2024 approx. Expected expenditure this year is £100K 
Public engagement visits with drop in day and presentation at Fionnphort
and Iona took place in April this year and were well attended. 
4.2.2 Craignure
 New Ferry Terminal 
Ground Investigation works have been awarded to DUNHELM
Geotechnical & Environmental Ltd with a view to start on site 24th August
for around 4 weeks. 
Meetings have commenced and will continue with CFL / CalMac.
Transport Scotland and contractors to monitor working limits, service
continuity and work schedule. Expected expenditure this year is £1M.
 Power supply for Loch Frisa 
Officers have worked closely with CMAL to provide the shore power supply
for the Loch Frisa which included a new power substation that is now
online providing improved capacity for both present demand and a ‘Phase
1’ for the new terminal requirements. Expenditure was £214k which will be
split / shared with CMAL. The indications are therefore that shore power
upgrades will be in the region of £250k to £300k per island installation.
 Craignure Passenger Access (PAS)
Our consultants Royal Haskoning have a replacement engineer in place
to develop tender documentation and design specs for a compliant
replacement PAS at the existing terminal location. We are reviewing and
confirming an extensive list of potential in scope vessels which include
short, long term and contingency options in the coming weeks. The aim is
to make use of the PAS when the Long-Term Option for Craignure has
been completed to maximise value for money on the build. Significant work
has progressed with the in scope vessels and the ability to reuse as much
of the new PAS as possible in the new terminal infrastructure. The tender
for a design and build of the new PAS is being finalised for issue shortly.
Possible expenditure this year is £1M 
4.2.3 Port Askaig
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The first of the new CFL / CalMac vessels is expected from Q4 2024. The
new vessel will have the capacity to carry a maximum of 100 cars, or 14
HGVs. A new area adjacent to the approach road has been investigated,
however due to the landowner rejecting the sale of land and excessive
letting cost this could no longer be considered as the preferred option. 
Consultants SYSTRA were commissioned to carry out a study to
determine options for the existing marshalling area when attempts to
purchase land for additional space were unsuccessful. 
The study considered:
 Existing terminal operation and typical turnaround process,
including effects on turnaround times;
 HGV operations, movements and associated swept path analysis;
 New Islay Vessel (NIV) specification and capacities and different
loading scenarios (including   14 x 34T HGV’s or 10 x 44T HGV’s
with approx. 22 cars or 100 PCU’s*)
 A846 public road/through lane;
 Bus services and provision of drop-off;
 HGV/car interface;
 Pedestrian/vehicle interface, including pedestrian desire lines;
 Car Park utilisation; 
 Jura Ferry and Calmac ferry interface, particularly when
loading/unloading, and movement of vehicles between the
mustering area and the linkspan/stub berth;
 Traffic management issues as identified  in ‘Review and
Optioneering Exercise’ by Dougall Baillie Associates – Jan 2019);
 Provision of drop trailer service only where it would not compromise
capacity and safety compliance; 
The report is now due and will show that the marshalling capacity can be
increased to c.120% of the vessel capacity and while that is not the
preferred figure of 150% that CFL / CalMac prefer it is undoubtedly the
maximum capacity for that area. 
Additional space may still be sought at the top of the access road,
particularly for the period where Port Ellen is closed for reconstruction.
Expected expenditure will be determined when options are assessed.   
4.2.4 Dunoon & Kilcreggan 
Dunoon & Kilcreggan also have vessel replacement programmes which
will see an improvement in the service reliability and resilience for
commuters and visitors. The projects now await the Transport Scotland
‘Needs Based Assessment’ for the route and confirmation of funding from
Transport Scotland Investment Decision Board (IDM). 
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If approved the vessels may be expected in 2026. Public consultation has
closed for the infrastructure options and the results will be discussed with
Argyll & Bute Council Harbour Board, Working Group, Reference Group
and be fully available on the Council’s web site. 
Specifications and tender documents have been drawn up for tender
submissions with an aim of starting GI works in the summer if the vessel
funding is confirmed. Expected expenditure this year is £1M to £1.5M.   
4.2.5 Feolin 
Plans for Feolin include the new infrastructure required for a new
replacement ferry as well as a pontoon and gangway installation in the
short term, for use when the passenger only contingency is in service.
Longer term plans will need to be integrated with the new vessel
procurement process to ensure the infrastructure is ready for the vessel. 
Also, accommodation and other shore side facilities at Port Askaig will be
investigated as a priority to support the Argyll & Bute Council run Jura
service. 
To prepare the passenger only access pontoon and gangway tender, a
topographic survey has been carried out to supplement the hydrographic
information. The tender documents are being finalised now with a view to
the access being in place as soon as possible.   
4.2.6 Gigha & Tayinloan 
SVRP vessel no 7 of 7 is expected Q4 of 2028. Feasibility study will be
concluded to confirm the shore power requirements can be met on the
island. An EIA has commenced, to be ready for the detailed design and
associated licences to be progressed.
4.3 Other ongoing plans include: 
4.3.1 Campbeltown Pier extension 
Feasibility study has been completed with consultants and CMAL for a
potential extension and / or strengthening of Campbeltown New Quay. 
4.3.2 Rothesay Harbour Quay stabilisation works 
Following failed tenders for piling and grouting works at Rothesay Quay,
consultants have assisted in developing new methodology which will
reduce the contract risk and provide the required results for the
stabilisation of the quayside. A further tender exercise will follow when
preparations are completed. 
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4.4 Funding for Piers & Harbours is mainly provided by Prudential borrowing paid
back through fees and charges, however external funding can also be sourced
through capital grants, shared cost agreements and funds made available for
specific projects. 
The Marine Asset Management Plan is an adaptable plan fed into by changing
priorities and circumstances. It also relies on steady and predictable income from
those ferry services utilising Argyll & Bute Council infrastructure. 
Costs will be best estimated and closely watched for best value. Rising prices and
availability of resources are risks which will need to be monitored in each of the
projects and forecasts adjusted accordingly.
4.5 It will be apparent from the Marine Asset Management Plan that works are
concentrated within the next 5 years. 
This is mainly a result of the replacement of CMAL fleet for CFL / CalMac services
which require Argyll and Bute Council infrastructure to be upgraded before the
arrival of the vessels for the service. 
5.0 CONCLUSION 
5.1 This report provides Members with an update on various marine infrastructure
projects from the Argyll & Bute Council’s Marine Asset Management Plan, some
future projects in development and a value for the works planned in the coming
financial year. 
6.0 IMPLICATIONS
6.1 Policy 
None directly arising from this report. 
6.2 Financial 
The increases to fees and charges proposed at the December Harbour Board
will ensure that future income is sufficient to maintain and develop Argyll & Bute
Council marine assets for the coming year. Further increases or alternative
funding routes will be required to sustain the proposed projects in future years.
6.3  Legal 
Considered to be none directly arising from this report.
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6.4  HR 
None.
6.5  Fairer Scotland Duty:  
6.5.1   Equalities - protected characteristics 
None directly arising from this report.
6.5.2   Socio-economic Duty 
None directly arising from this report.
6.5.3 Islands 
Completed works and projects will enhance service reliability and community
connectivity
6.6 Climate Change - there are no direct impacts in regard to climate change from
this report, due regard will be given to climate change with a view to
minimising any climate change impact and these will be considered as
and when they arise.  
6.7 Risk 
Completed works will reduce the repair and maintenance on existing
infrastructure
External influences may come to bear on ferry usage patterns which may, in
turn, impact on income from ferry fees and charges i.e. Vessel breakdowns
and redeployments, Environmental issues (car use), Brexit, Covid 19 and
potential changes in RET. This will pose a potential risk to income. 
6.8  Customer Service  
An overall improvement in travel experience and reliability should result with
improved and maintained infrastructure. 
Executive Director with responsibility for Roads and Infrastructure:
Kirsty Flanagan
Policy Lead:
Cllr Andrew Kain
August 2023                                                  
For further information contact:
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Scott Reid, Marine Operations Manager Tel: 01546 604 696
Jim Smith, Head of Roads and Infrastructure Services Tel: 01546 604 324  
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APPENDICES 
Marine Asset Management Plan (5 years of rolling 10 year plan)   
Project 2023/24 Items 2024/25 Items 2025/26 Items 2026/27 Items 2027/28 Items
Bunessan £5,000 CAT 5 upgrade
Campbeltown New
Quay £100,000
HPU Control
panel and
cylinder O/H
Campbeltown New
Quay £20,000 Mobile CAT 5
Campbeltown Old
Quay £500,000 Replace wall A £1,000,000 Ongoing
construction £4,000,000 Complete
Construction
Campbeltown Old
Quay £25,000 CAT 5 upgrade
Craignure £1,000,000
Long Term:
Detail design,
FBC, compile
tender
£2,500,000
Finalise design
and Tender
documentation
£20,000,000
Construction
of new
terminal
£20,000,000 Construction of
new terminal £10,000,000 Complete
construction
Craignure £1,000,000 New PAS
design & build
Cuan Ferry slip £10,000
Land
acquisition &
Tender prep
£2,000,000 Construction new
slips £1,000,000 Complete
construction
Dunoon Breakwater £800,000 Gi inc
Kilcreggan £2,000,000 Design & Tender
documentation £4,000,000 Construction
of facilities
Easdale Pier £10,000
New slip: GI,
Design &
Tender
£1,000,000
New slip:
Construction of
breakwater
£400,000
New slip:
Construction
of slips
Ellenabeich Pier £10,000
New slip: GI,
Design &
Tender
£1,000,000
New slip:
Construction of
breakwater
£400,000
New slip:
Construction
of slips
Feolin Ferry slip £45,000 New fender
system £0 -
Fionnphort £100,000
Design, RE
studies (with
Iona)
£500,000
New aligning
structure:
Construction
£10,000,000 Ongoing
construction £2,000,000 Complete
construction
Gigha Ferry slip £650,000
Consultancy for
Design & EIA
(inc Tayinloan)
£500,000
Start
construction
breakwater &
aligning structure
£10,000,000 Ongoing
construction £1,000,000
Complete
construction
breakwater and
aligning
Iona Ferry slip £500,000
Start
construction
breakwater
£9,000,000 Complete
construction
Kilcreggan £250,000
Complete OBC
+ support inc
Dunoon
£100,000 Design & Tender
documentation £1,300,000 Construction
of facilities £8,000,000
Oban North Pier £25,000 CAT 5 upgrade
Port Askaig £50,000 Land
acquisition £2,100,000
Construction of
remote
marshalling area
Port Askaig £25,000
Cunsultancy
Marshalling
Area
Rothesay £4,000,000 Berthing face
stab works
£10,000,000Year Totals £9,125,000 £21,700,000 £51,100,000 £31,000,000
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Harbour Board Work Plan 2023-2024 
This is an outline plan to facilitate forward planning of reports to the Harbour Board. 
Date Report Designation  Lead Service/
Officer 
Regularity of
occurrence/
consideration 
Date of Reports
to Committee
Services
Additional Comment
31 August 2023 
Oban Harbour Update  Marine
Operations
Bi-Annual 8 August 2023 
Port Marine Safety Code  Marine
Operations
Bi-Annual 8 August 2023 
Piers and Harbours - Marine
Asset Management Plan 
Marine
Operations
Bi-Annual 8 August 2023 
29 February 2024 
Oban Bay Update  Marine
Operations
Bi-Annual 6 February 2024 
Marine Asset Management
Plan 
Marine
Operations
Bi-Annual 6 February 2024 
Port Marine Safety Code  Marine
Operations
Bi-Annual 6 February 2024 
Future Reports – dates to be determined   
Community Groups &
Berthing Dues     
Review of Marine Services
Working Practices     
Crane Provision at
Campbeltown     
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Agenda Item
7

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