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Port Marine Safety Code

Argyll and Bute Council · 2 March 2023
Back to Argyll and Bute Harbour Board — 2 March 2023 and its agenda

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ARGYLL AND BUTE COUNCIL     ARGYLL AND BUTE HARBOUR BOARD 
ROADS AND INFRASTRUCTURE SERVICES               2nd MARCH 2023 
PORT MARINE SAFETY CODE 
1.0 EXECUTIVE SUMMARY 
1.1 This report provides an update on progress being made towards compliance with
the Port Marine Safety Code (PMSC). 
1.2 The PMSC represents ‘good practice’ as recognised by a wide range of industry
stakeholders and a list of compliant ports is published every 3 years. It is officers
ambition for Argyll and Bute Council to be included in the next edition of the list
which will be compiled next year for publication in 2025. 
1.3 The PMSC uses ten key measures as a baseline with which to rate compliance
and this is assessed by the Council’s Designated Person whose primary role is
to provide independent assurance regarding the operation of the Marine Safety
Management System. 
1.4 In 2022 Assurance Audits were carried out at the following locations:
06 September 2022: Oban.
29 September 2022: Craignure.
29 September 2022: Bunessan.
29 September 2022: Fionnphort.
29 September 2022: Iona. 
1.5 The next scheduled external Assurance Audits by the Designated Person are
planned for September 2023 in Rothesay and Islay. 
1.6 Internal Audits are planned to aid in the preparations for the External Assurance
Audit by the DP. 
1.7 The Designated Person held Duty Holder training for Members of the Harbour
Board on 5th September 2022. 
Members of the Harbour Board are asked to: 
 Note and consider this report;
 Note and consider the Designated Person’s Annual Report (appendix A);

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 Approve the new version (Volume I) of the Marine Safety Management
System (appendix B); and 
 Note and consider the Marine Safety Plan update (appendix C).

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ARGYLL AND BUTE COUNCIL  ARGYLL AND BUTE HARBOUR BOARD 
ROADS AND INFRASTRUCTURE SERVICES       2nd MARCH 2023 
PORT MARINE SAFETY CODE 
2.0 INTRODUCTION 
2.1 This report provides an update on progress being made towards compliance with
the Port Marine Safety Code (PMSC) 
2.2 The PMSC (the code) sets out a national standard for every aspect of port marine
safety and identifies ten key measures as a benchmark against which successful
high-level implementation of the code can be rated. 
2.3 A Designated Person (DP) must be appointed to provide independent assurance
regarding the operation of the Marine Safety Management System and this
position was awarded to ABPmer in November 2020 with Monty Smedley
appointed as DP. 
2.4 Of the ten key measures used as a base line, three of these key measures were
identified by the Designated Person as not being met at Council level and one
was identified on Mull. This report will update on the measures taken to eradicate
the deficiencies. 
2.5 The DP Assurance Audit reports also highlighted three examples of ‘Best
Practice’ including operations at Oban. 
2.6 The DP will next audit Rothesay Harbour, Port Askaig, Port Charlotte Pier and
Bruichladdich Pier which are planned for September 2023. 
2.7 Close liaison is maintained between the Marine Management, Harbour Masters
and the DP to facilitate real time compliance and advice. A remedial action plan
towards full compliance with the code is contained in paragraph 4.5.   
3.0 RECOMMENDATIONS 
3.1 Members of the Harbour Board are asked to:-

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3.1.1 Note and consider this report;
3.1.2 Note and consider the Designated Person’s Annual Report (appendix A);
3.1.3 Approve the new version (Volume I) of the Marine Safety Management System
(appendix B); and 
3.1.4 Note and consider the Marine Safety Plan update (appendix C).   
4.0 DETAIL 
4.1 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 
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 
4.2 On 6th September 2022 the DP carried out an Assurance Audit at Oban, attended
by the Marine Operations Manager Scott Reid and Harbour Master Vicki
McKenzie.  The DP report found the operations there could be considered to be
a safe and efficient marine operation which reflects Best Practice. 
4.3 On 29th September 2022, assurance Audits were carried out on Mull and Iona
in Craignure, Bunessan, Fionnphort and Iona slipway, attended by Marine
Operations Manager Scott Reid.  The audits identified that the MSMS did not
list the relevant Act or Order for Craignure and that measures were not being
fully met for Bunessan, Fionnphort and Iona with regard to specific information
being available in the MSMS. 
4.4 In addition to the site specific items, three areas were highlighted as not being
met at a Council level and these are addressed below.   
4.5 The PMSC Assurance Audit process is designed to provide a process of
continuous improvement and learning. A Remedial Measures Action Plan was
created following the audits and is noted in the table below with updates on
progress.

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Remedial Measures Action Plan: March 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 scheduled for May
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 scheduled for May
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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4.6 It is officers ambition to achieve full compliance with the Code and to this end the
advice from the DP is being closely followed. 
4.7 Ongoing actions towards administrative, Council wide compliance can be
summarised as follows: 
 An updated version of the Council’s MSMS has been developed following
the advice of the DP and will be fully compliant with the Code. It is
separated into three volumes:
o Volume I – Policies and Statements: This section which will appear
on the Council website, sets out the Safety and Environmental
Policies, Marine Safety Management Procedures and the Roles
and Responsibilities of the office holders and staff concerned with
the safety of marine operations.
o Volume II – Maritime Assets: This will be MARNIS based, which is
the Council’s marine computer based management system. It will
contain Port specific information; standard Processes and
Procedures.
o Volume III – System Documentation: This will also be MARNIS
based and contain the port specific forms and checklists. 
 MARNIS support and development will be coordinated and arranged with
our own IT colleagues and ABPmer MARNIS Support around May 2023
so should be in place for the next round of Assurance Audits in September. 
4.8 The new version of Volume I is appendix B and if approved will be published onto
the Argyll & Bute Council web site. 
4.9  Internal audits are an important check on the operational compliance at the ports
and are carried out to assist in the identification and eradication of any deficiencies
as a priority. These checks will continue in September 2023 at Rothesay and will
continue to precede the External Assurance Audit timetable. They are carried out
by our own Harbour Masters and helps the continuity of the standards across our
ports.  
5.0 CONCLUSION 
5.1 This report provides Members with an update on the progress towards full
compliance with the PMSC. 
6.0 IMPLICATIONS 
6.1 Policy – Any changes to Council policies will have to be reflected in the
Council’s Marine Safety Management System (MSMS).  
6.2 Financial - None arising from this report.  
6.3  Legal - Failure to comply with the PMSC could have legal consequences
following a marine incident.

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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 - Compliance with the PMSC will help ensure safe and effective port
operations. 
6.6 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. 
6.7  Risk -  Compliance with the PMSC will minimise the risk of port operations. 
6.8  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 2022                                                  
For further information contact:
Scott Reid, Marine Operations Manager Tel: 01546 604 696
Jim Smith, Head of Roads and Infrastructure Services Tel: 01546 604 324 
APPENDIXES 
Appendix A Designated Person Annual Report 2023
Appendix B Volume I of the Marine Safety Management System
Appendix C Argyll & Bute Council Marine Safety Plan 2021 – 2023 (with completed
2017 – 2020 Plan) 
Appendix D Port Marine Safety Code – Isles of Mull and Iona 
Appendix E Port Marine Safety Code – Oban