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Supplementary Pack 1 - HB 02.03.2023

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
Comhairle Earra-Ghàidheal Agus Bhòid 
Executive Director:  Douglas Hendry 
Kilmory, Lochgilphead, PA31 8RT
Tel:  01546 602127  Fax:  01546 604435
DX 599700 LOCHGILPHEAD 
1 March 2023 
SUPPLEMENTARY PACK 1 
ARGYLL AND BUTE HARBOUR BOARD - ON A HYBRID BASIS IN THE COUNCIL
CHAMBER, KILMORY, LOCHGILPHEAD AND BY MICROSOFT TEAMS on THURSDAY, 2
MARCH 2023 at 1:00 PM, or at the conclusion of the Environment, Development and
Infrastructure Committee, whichever is the later, which you are requested to attend. 
I enclose herewith item 6 (PORT MARINE SAFETY CODE) which was marked to follow on the
Agenda for the above meeting. 
Douglas Hendry
Executive Director 
ITEM TO FOLLOW 
6. PORT MARINE SAFETY CODE (Pages 3 - 160)  
Report by Executive Director with responsibility for Roads and Infrastructure Services 
Argyll and Bute Harbour Board 
Councillor John Armour Councillor Jim Lynch
Councillor Andrew Vennard Councillor Garret Corner
Councillor Andrew Kain (Chair) Councillor Ian MacQuire
Councillor Ross Moreland (Vice-Chair) Councillor Amanda Hampsey   
Contact: Hazel MacInnes Tel: 01546 604269
Public Document Pack

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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 
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Argyll and Bute Council
Designated Person (PMSC)
Annual Report 2023
February 2023
APPENDIX APage 11

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Designated Person (PMSC)
Annual Report 2023 
February 2023 
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Designated Person (PMSC): Annual Report 2023  Argyll and Bute Council
ABPmer, February 2023, R.4140 | i
Document Information
Document History and Authorisation
Title Designated Person (PMSC)
Annual Report 2023
Commissioned by Argyll and Bute Council
Issue date February 2023
Document ref R.4140
Project no R/4952/01
Date Version Revision Details
12 January 2023 1 Issued for client review
17 January 2023 2 Issued for client use
Prepared
(Designated Person)
Approved
(Quality Manager)
Authorised
(Project Director)
Monty Smedley Richard Vaughan Gordon Osborn
Suggested Citation
ABPmer, (2023).  Designated Person (PMSC), Annual Report 2023, ABPmer Report No. R.4140.
A report produced by ABPmer for Argyll and Bute Council, February 2023.
Notice
ABP Marine Environmental Research Ltd ("ABPmer") has prepared this document in accordance with the client’s instructions, for
the client’s sole purpose and use.  No third party may rely upon this document without the prior and express written agreement
of ABPmer.  ABPmer does not accept liability to any person other than the client.  If the client discloses this document to a third
party, it shall make them aware that ABPmer shall not be liable to them in relation to this document.  The client shall indemnify
ABPmer in the event that ABPmer suffers any loss or damage as a result of the client’s failure to comply with this requirement. 
Sections of this document may rely on information supplied by or drawn from third party sources.  Unless otherwise expressly
stated in this document, ABPmer has not independently checked or verified such information.  ABPmer does not accept liability
for any loss or damage suffered by any person, including the client, as a result of any error or inaccuracy in any third party
information or for any conclusions drawn by ABPmer which are based on such information. 
All content in this document should be considered provisional and should not be relied upon until a final version marked
‘issued for client use’ is issued. 
All images on front cover copyright ABPmer.
ABPmer
Quayside Suite, Medina Chambers, Town Quay, Southampton, Hampshire   SO14 2AQ
T: +44 (0) 2380 711844   W: http://www.abpmer.co.uk/ 
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Designated Person (PMSC): Annual Report 2023    Argyll and Bute Council
ABPmer, February 2023, R.4140  | ii
Contents
1 Introduction ................................................................................................................................. 1
2 Port Marine Safety Code ......................................................................................................... 1
2.1 Argyll and Bute Council and the Code ............................................................................................... 2
2.2 Assurance audits.......................................................................................................................................... 2
3 Audit Outcomes ......................................................................................................................... 2
3.1 Assurance audit outcome ........................................................................................................................ 4
4 Delivery Plan and Activities .................................................................................................... 5
5 Designated Person Summary ................................................................................................ 5
6 References .................................................................................................................................... 5
7 Abbreviations / Acronyms ...................................................................................................... 6 
Tables
Table 1. Port Marine Safety Code Ten Key Measures .................................................................................... 1
Table 2. Oban North and South Pier Audit ........................................................................................................ 3
Table 3. Isles of Mull and Iona Audit (Craignure, Bunessan, Fionnphort and Iona) .......................... 4 
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Designated Person (PMSC): Annual Report 2023    Argyll and Bute Council
ABPmer, February 2023, R.4140  | 1
1 Introduction
This report is provided by ABPmer to Argyll and Bute Council and is written to inform the Harbour Board
and Duty Holder of their current status in respect of compliance with the Port Marine Safety Code
(PMSC) published by the Department for Transports (DfT) and regulated through the Maritime and
Coastguard Agency (MCA).  The Port Marine Safety Code is referred to within this report as ‘the Code’
and the accompanying Guide to Good Practice is abbreviated to ‘the GtGP’ (DfT, 2018).  This report
summarises activities carried out by ABPmer as the supplier of Designated Person services between
01 January 2022 and 31 December 2022.  
2 Port Marine Safety Code
The Code sets out a national standard for every aspect of port marine safety (DfT, 2016).  The aim of the
Code is to enhance safety for everyone who uses or works in the UK port marine environment.  In order
to successfully implement the requirements of the Code, ten key measures are identified as relevant for
all Harbour Authorities to consider.  These are summarised below: 
Table 1. Port Marine Safety Code Ten Key Measures
No Ten Key Measures Required for Successful Implementation of the Code 
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.
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.
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.
4 Duties and
Powers
Comply with the duties and powers under existing legislation, as
appropriate.
5 Marine Risk
Assessment
Ensure all marine risks are formally assessed and are eliminated, or as
low as reasonably practicable in accordance with good practice.
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.
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.
8 Competence Use competent people (i.e., trained, qualified and experienced) in
positions of responsibility for managing marine and navigation safety.
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 three-years.
10 Aids to
Navigation
Comply with directions from the General Lighthouse Authorities and
supply information and returns as required.
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Designated Person (PMSC): Annual Report 2023    Argyll and Bute Council
ABPmer, February 2023, R.4140  | 2
2.1 Argyll and Bute Council and the Code
Argyll and Bute Council is a Statutory Harbour Authority at five locations and a marine asset owner at
a further 34 marine facilities located throughout the Council area.  The Council’s Statutory Harbour
Authorities are namely: 
 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’.  
 Craignure Harbour, by virtue of the Argyll County Council (Arinagour and Craignure Piers, etc)
Order 1961. 
The Council is the marine asset owner and, in most cases, operator of 34 piers, wharves and slipways. 
Some of these marine assets are located within the jurisdiction of a Statutory Harbour Authority (for
example, Kilcreggan and Helensburgh Piers are located in Clydeport’s harbour).  Others are located
outside of Harbour Authority boundaries (for example, Iona and Fionnphort).  In all situations, the
Council is responsible for marine safety and must manage these facilities in compliance with the
requirements of the Code.  
2.2 Assurance audits
The primary role of the Designated Person is to provide independent assurance about the operation of
the marine safety management system.  This is achieved through assurance auditing at ports, harbour,
piers and other marine facilities.  The following audits were conducted during 2022: 
 06 September 2022: Oban North and South Pier PMSC audit.
 29 September 2022: Craignure Harbour PMSC audit.
 29 September 2022: Bunessan Pier PMSC audit.
 29 September 2022: Fionnphort Pier and Slipway PMSC audit.
 29 September 2022: Iona Slipway PMSC audit.
3 Audit Outcomes
The following section provides the outcome of the audits as a comparison against the Code’s ten key
measures.  The following colour coding is used: 
A red identifies a non-compliance with the requirements of the Code or a breach of legal
obligations; which may also compromise marine safety, environmental safety or presents a
significant reputational risk. 
An amber is an Opportunity for Improvement, such as an update to information,
procedural change, or a non-conformity with local operating instructions; addressing these
items may improve the overall system standard. 
A green indicates an area of the Code which is delivered satisfactorily.   
Areas of best practice have also been identified as part of the audit’s outcome.  
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Designated Person (PMSC): Annual Report 2023    Argyll and Bute Council
ABPmer, February 2023, R.4140  | 3
Table 2. Oban North and South Pier Audit 
No Ten Key Measures Required for Successful Implementation of the Code  RAG
1 Duty Holder The Duty Holder is the Council’s Executive Director of
Development and Infrastructure Services.  The Harbour Board
provides policy direction to the officers of the Authority.   
2 Designated
Person
Argyll and Bute Council has appointed Monty Smedley of
ABPmer as its Designated Person, the DP provides an annual
briefing to the Duty Holder and Board.   
3 Legislation The Marine Safety Management System does not list relevant
Acts or Orders for Oban North Pier, nor are the harbour limits
mapped as described in Section 22 and 18 of the 1896 Act.
1
4 Duties and
Powers
Annual exercises of both the Oil Pollution Response Plan and
Emergency Plan at Oban would be beneficial.  Use of Direction
Powers and enforcement processes are not clearly laid out.   
5 Marine Risk
Assessment
The MSMS does no stipulate review frequency, risk assessment
review with stakeholders should be recorded.  Marine risk
assessments for Oban North Pier are in place and current.   
6 Marine Safety
Management
System 
The Council produces a Marine Safety Management System
[version 11, May 2020].  The MSMS is presented as a manual
with supporting Annexes for individual ports, harbours and piers. 
7 Review and
Audit
The Council has an external and internal audit structure in place. 
The last internal audit was carried out at Oban in August 2022
and was a comprehensive check against the GtGP.   
8 Competence Training policy requires review and approval by the Board.  The
training matrix should be expanded to include all roles.  Storing
of qualifications should be reviewed (i.e., local office or centrally). 
9 Plan A ‘Marine Safety Plan’ for 2021 to 2023 is in place.  The previous
plan for the years 2018 to 2020 has not been assessed and the
Organisation’s performance published as required by the Code. 
10 Aids to
Navigation
As the Local Lighthouse Authority, the Council meets and
exceeds the availability criteria: Category 2 = 99.8% (target is
99.0%), Category 3 = 100% (target is 97.0%) 
Items of best practice noted during the Oban audit include the following topics:   
 Provision and maintenance of Aids to Navigation is recognised as an area of best practice with a
100% availability for Category 3 and 99.8% for Category 2 Aids.  
 At the time of audit, all Councillors of the Harbour Board, plus the Council’s Executive Director of
Development and Infrastructure Services (as Duty Holder) have attended Duty Holder Training.  The
Marine Safety Plan has an objective of 100% attendance for Duty Holder training.  
 The Oban North Pier pontoons, Oban Times Slipway and Oban North Pier are well maintained,
managed and run by a dedicated team of harbour operatives lead by the Harbour Master.  The Pier
and Pontoons are considered to be a safe and efficient marine operation.   
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Designated Person (PMSC): Annual Report 2023    Argyll and Bute Council
ABPmer, February 2023, R.4140  | 4
Table 3. Isles of Mull and Iona Audit (Craignure, Bunessan, Fionnphort and Iona) 
No Ten Key Measures Required for Successful Implementation of the Code  RAG
1 Duty Holder The Duty Holder is the Council’s Executive Director of
Development and Infrastructure Services.  The Harbour Board
provides policy direction to the officers of the Authority.   
2 Designated
Person
Argyll and Bute Council has appointed Monty Smedley of
ABPmer as its Designated Person, the DP provides an annual
briefing to the Duty Holder and Board.   
3 Legislation The Marine Safety Management System does not list relevant
Acts or Orders for Craignure.  Bunessan, Fionnphort and Iona
are marine facilities and do not have their own local legislation.   
4 Duties and
Powers
Consultation processes with local stakeholders is not in place (or
formalised).  Bunessan has no bathymetric survey which is a
non-conformity with the Council’s hydrographic policy. 
5 Marine Risk
Assessment
There are no marine risk assessments or incident recording for
Bunessan, Fionnphort and Iona.  Craignure assessments are in
place.  The MSMS does not stipulate review frequency.   
6 Marine Safety
Management
System 
Whilst the Council provides a Marine Safety Management System
(MSMS) manual [version 11, May 2020]; there is no Annex for
Bunessan, Fionnphort and Iona.  Craignure is included.   
7 Review and
Audit
External PMSC audits are scheduled.  There is no evidence that
the unstaffed facilities at Craignure, Bunessan, Fionnphort and
Iona have been included in internal audits.   
8 Competence Training policy requires review and approval by the Board.  The
training matrix should be expanded to include all roles.  Storing
of qualifications should be reviewed (i.e., local office or centrally). 
9 Plan A ‘Marine Safety Plan’ for 2021 to 2023 is in place.  The previous
plan for the years 2018 to 2020 has not been assessed and the
Organisation’s performance published as required by the Code. 
10 Aids to
Navigation
As the Local Lighthouse Authority, the Council meets and
exceeds the availability criteria: Category 2 = 99.8% (target is
99.0%), Category 3 = 100% (target is 97.0%) 
Items of best practice noted during the Craignure, Bunessan, Fionnphort and Iona audits include the
following topics:   
 Provision and maintenance of Aids to Navigation is recognised as an area of best practice with a
100% availability for Category 3 and 99.8% for Category 2 Aids.  
 At the time of audit, all Councillors of the Harbour Board, plus the Council’s Executive Director of
Development and Infrastructure Services (as Duty Holder) have attended Duty Holder Training.  The
Marine Safety Plan has an objective of 100% attendance for Duty Holder training.  
3.1 Assurance audit outcome
From Table 2 and 3, it is evident that none of the audits established that the Code was fully implemented. 
Some of the identified non-compliances related to Council wide issues, such as the review of the
previous marine safety plan.  Others were specific to the location, such as the non-retention of local
Acts and Orders.  The full audit reports provide the Council with the detailed findings and
recommendations for observations, non-conformance and non-compliances.  
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Designated Person (PMSC): Annual Report 2023    Argyll and Bute Council
ABPmer, February 2023, R.4140  | 5
4 Delivery Plan and Activities
During 2022, the Designated Person has attended the following: 
 Meetings:
o 01 February 2022: Council Harbourmasters’ meeting, attended via MS Teams.
o 03 March 2022: Designated Person presentation to the Harbour Board via MS Teams.  
o 04 November 2022: Council Harbourmasters’ meeting, attended via MS Teams.  
o 12 December 2022: Harbour Board Business Day, attended via MS Teams.   
 Training: 
o 05 September 2022: Duty Holder training run onsite at Oban.   
This section provides a generalised plan for the Designated Person; this plan can be adapted to any
developing needs of the Authority.  Target activity delivery dates are shown below: 
 Designated Person audit schedule:
o September 2023: Rothesay, Port Askaig, Port Charlotte Pier, Bruichladdich Pier.
o September 2024: Campbeltown, Carradale Harbour, West Loch Tarbert Pier.
5 Designated Person Summary
The Council is responsible for five Statutory Harbour Authorities and 34 marine facilities; all of which are
required to operate to the standard of the Port Marine Safety Code.  The audits carried out at Oban,
Craignure, Bunessan, Fionnphort and Iona during 2022 have identified that a number of the Code’s
requirements are met.  It is concluded that the Council is not in compliance with the Code at this time.   
It does not necessarily follow that other marine facilities will demonstrate a similar pattern, however
some of the non-compliances and observations identified by the 2022 audits sit at Council level (for
example, Marine Safety Plan review).  Others are localised items which the relevant harbour team can
address (for example, local Acts and Orders).   
The Audits also identified areas of best practice, including training provision for Duty Holders, aids to
navigation performance and the attentive site management by the harbour staff at Oban.  
6 References
Department for Transport, 2016.  Port Marine Safety Code.  Department for Transport (DfT),
November 2016. 
Department for Transport, 2018.  A Guide to Good Practice on Port Marine Operations Prepared in
conjunction with the Port Marine Safety Code 2016.  Department for Transport (DfT), February 2018.  
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Designated Person (PMSC): Annual Report 2023    Argyll and Bute Council
ABPmer, February 2023, R.4140  | 6
7 Abbreviations / Acronyms
DfT Department for Transport
DP Designated Person
GtGP Guide to Good Practice
MCA Maritime and Coastguard Agency
MS Microsoft
MSMS Marine Safety Management System
PMSC Port Marine Safety Code
RAG Red/Amber/Green
UK United Kingdom 
Cardinal points/directions are used unless otherwise stated. 
SI units are used unless otherwise stated. 
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MARINE SAFETY MANAGEMENT SYSTEM
Volume I
POLICIES & STATEMENTS 
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MARINE SAFETY MANAGEMENT SYSTEM 
DOCUMENT APPROVAL 
Designation  Name  Signature  Date 
Duty Holder, Director
of Development &
Infrastructure 
Kirsty Flanagan 
:    
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Marine Operations
Manager 
Scott Reid 
MARINE OPERATION PROCEDURES – DISTRIBUTION LIST 
1  Kirsty Flanagan – Duty Holder, Director of Development & Infrastructure 
2  Jim Smith – Head of Roads & Amenity Services 
3  Scott Reid – Marine Operations Manager
4  Allan Finlay – Technical Officer 
5  Alex Leslie – Technical Officer 
6  Stephen Scally – Campbeltown Harbour Master (for sharing with all harbour
staff) 
7  Vicki McKenzie – Oban Harbour Master (for sharing with all harbour staff) 
8  Paul Lambert – Dunoon Harbour Master (for sharing with all harbour staff) 
9  Peter Welsh – Rothesay 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  Montgomery 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 
MARINE SAFETY MANAGEMENT SYSTEM – DOCUMENT RECORD 
Revision No.  Amendment Date  By  Revision History 
Draft   Jan 2023 SR Document created – Draft for approval 
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01  TBC  MS  DP comments 
02  TBC KF Duty Holder comments 
03  TBC  HB Harbour Board approval 
04  TBC   Web Version for Public Viewing 
ABBREVIATIONS 
Abbreviation  Detail 
A & B C  Argyll and Bute Council
ALARP  As Low As Reasonably Practicable 
CHA  Competent Harbour Authority 
DP  Designated Person 
DRA Dynamic Risk Assessment
FSA  Formal Safety Assessment 
HSE  Health & Safety Executive 
MAIB  Marine Accident Investigation Branch 
MCA  Maritime and Coastguard Agency 
MOM  Marine Operations Manager 
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MSMS  Marine Safety Management System 
NRA  Navigation Risk Assessment 
NLB  Northern Lighthouse Board 
PMSC  Port Marine Safety Code 
SHA  Statutory Harbour Authority 
Table of Contents
DOCUMENT APPROVAL.......................................................................................................................... 2
MARINE OPERATION PROCEDURES – DISTRIBUTION LIST.................................................................... 3
MARINE SAFETY MANAGEMENT SYSTEM – DOCUMENT RECORD ....................................................... 3
ABBREVIATIONS ..................................................................................................................................... 4
1. Introduction ........................................................................................................................................ 7
1.0 Argyll and Bute Council .................................................................................................................... 8
1.0.1 Bute, Cowal & Clyde ................................................................................................................ 8
1.0.2 Campbeltown, Kintyre, Islay, Gigha and Jura. ........................................................................ 8
1.0.3 Oban Mull and Iona................................................................................................................. 8
1.1 PMSC Requirements ......................................................................................................................... 9
1.2 Scope of the Marine Safety Management System (MSMS).......................................................... 10
1.3 Structure of the MSMS ................................................................................................................... 10
1.4 National and Local Legislation ....................................................................................................... 11
1.5 Training ........................................................................................................................................... 11
1.5.1  Argyll & Bute Council Training Policy .............................................................................. 12
1.5.2  Training Plan Responsibilities .......................................................................................... 13
1.5.3 Training Matrix ........................................................................................................................ 13
2. Policies .............................................................................................................................................. 14
2.1 Policy Review .................................................................................................................................. 14
2.2 Commitment Statement ................................................................................................................ 14
3. The Council Marine Safety Management System ........................................................................... 15
3.1 Marine Safety Management. ......................................................................................................... 15
3.2 Responsibilities ............................................................................................................................... 16
3.2.1 Argyll and Bute Council Harbour Board ..................................................................................... 16
3.2.2 Duty Holder ................................................................................................................................. 17
3.2.3 Designated Person ....................................................................................................................... 17
3.2.4 Council Office Holders.................................................................................................................. 18
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4. Marine Operations and control of the Safety Management System ............................................. 21
4.1 Review of the Safety Management System .................................................................................. 21
4.1.1 Internal Review ........................................................................................................................... 21
4.1.2 Peer Review. ................................................................................................................................ 22
4.1.3 External Audit of the Marine Safety Management System ....................................................... 22
4.1.3 Effectiveness of the Safety Management System ...................................................................... 22
4.1.4 Measuring Performance ............................................................................................................. 22
4.2 Active Systems ........................................................................................................................... 23
4.3 Reactive Systems ........................................................................................................................ 23
4.4 Audit ............................................................................................................................................... 24
4.5 Management of Change. ................................................................................................................ 25
4.5.1 Document Control. ...................................................................................................................... 25
5. Risk Management Controls and Procedures ................................................................................... 26
5.1 Marine Risk Assessments ............................................................................................................... 27
5.2 Navigation Risk Assessments. ........................................................................................................ 28
5.3 Dynamic Risk Assessment. ............................................................................................................. 30
5.4 Local Port Services .......................................................................................................................... 31
5.5 Pilotage ........................................................................................................................................... 31
5.6 Emergency Preparedness ............................................................................................................... 32
5.6.1 Emergency Organisation And Management responsibility ....................................................... 32
5.6.2. Emergency Preparedness and Response ................................................................................... 33
5.6.3 Incidents ...................................................................................................................................... 33
5.7 Incident Procedures ....................................................................................................................... 34
5.8 Civil Contingencies ......................................................................................................................... 34
5.9 Oil Pollution Preparedness ............................................................................................................ 35
5.10 Conservancy ................................................................................................................................. 35
6. Accident and Incident Investigation ................................................................................................ 36
6.1 National Regulatory Framework ............................................................................................... 36
6.2 Statutory Reporting Requirements ........................................................................................... 37
6.3 Enforcement Policy and Procedure ............................................................................................... 38 
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1. Introduction 
Argyll and Bute Council is a Statutory Harbour Authority at five locations and a marine asset owner
at a further 34 marine facilities located throughout the Council area. The Council’s Statutory Harbour
Authorities are namely:
• 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’.
• Craignure Harbour, by virtue of the Argyll County Council (Arinagour and Craignure Piers,
etc) Order 1961.
Argyll and Bute Council manage these piers and harbours and as Competant Harbour Authority
(CHA), Statutory Harbour Authority (SHA) or Marine Asset Owners and has responsibilities and
duties under the Port Marine Safety Code, health and safety, environmental and maritime legislation
& guidance. 
The Port Marine Safety Code (‘the Code’) sets out a national standard for every aspect of port
marine safety.  Its aim is to enhance safety for everyone who uses, or works in, the UK port marine
environment.  It is authored by the UK Government, supported by the devolved administrations and
representatives from across the maritime sector and, whilst the Code is not mandatory, these bodies
have a strong expectation that all harbour authorities will comply.  The Code is applicable both to
Statutory Harbour Authorities and to other marine facilities, which may not have statutory powers;
these are collectively referred to throughout the Code as ‘organisations’ (DfT, 2016).
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1.0 Argyll and Bute Council 
Argyll and Bute Council is the Harbour Authority or Asset Owner recognised under ‘The Code’ for the
following locations:
1.0.1 Bute, Cowal & Clyde
• Rothesay
o Tighnabruaich
• Dunoon
• Kilcreggan
o Helensburgh 
1.0.2 Kintyre, Islay, Gigha and Jura.
• Campbeltown
o Carradale
o Tayinloan
o Gigha
o West Loch Tarbert
o Port Askaig
o Feolin
o Bruichladdich
o Port Charlotte
o Craighouse
1.0.3 Oban, Lorn & The Isles
• Oban Harbour
o Appin
o Lismore Point
o Easdale
o Ellenabeach
o Cuan North
o Cuan South
o Craignure
o Bunessan
o Fionnaphort 
o Iona
Other slipways for recreational use are maintained by Argyll & Bute Council
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1.1 PMSC Requirements 
The Port Marine Safety Code sets out a Standard for Marine Safety in UK Ports and Harbours
To ensure compliance with The Code, Harbour Authorities must address the following measures:
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 
The Marine Safety Management System (MSMS) procedures and guidelines fulfil the requirements
of the Port Marine Safety Code (PMSC) including but not limited to, the following:  
• Making risk control the basis of all marine activities, procedures and regulations
applied to or required of port users; 
• Using risk assessment to identify the requirement for navigation aids; 
• Applying risk assessment to all harbour works; 
• Subjecting wrecks to risk assessment and programming periodic review; 
• Maintaining systems to implement the findings of risk assessments; 
• Identifying and designating safe pilot boarding and landing areas; 
• Applying and adhering to current pilot transfer arrangement regulations; 
• Reporting deficiencies on visiting vessels; 
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• Providing procedural advice for giving Directions in relation to dangerous vessels or
substances; 
• Regulating the use of harbour craft; 
• Maintaining and developing a competence based training scheme to support
delivery of all marine functions; 
• Maintaining appropriate plans and procedures for emergency response and
associated training/exercises. 
1.2 Scope of 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 statutory areas of jurisdiction. 
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
dredging, ship and craft towage, pilot boarding and landing, mooring and line handling
and other marine services. 
1.3 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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1.4 National and Local Legislation
The Council’s Statutory Harbour Authorities are namely:
• 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’.
• Craignure Harbour, by virtue of the Argyll County Council (Arinagour and Craignure Piers,
etc) Order 1961.
Argyll and Bute Council is committed to ensuring its operations are carried out in full compliance
with all relevant National and Local Legislation. The Council will provide high quality and efficient
services and will regulate the activities throughout its Piers and Harbours ensuring that all National
Legislation, Local Bylaws and Directions are enforced and complied with. 
1.5 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 safety management systems and promote the involvement of
port users in training programmes. 
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1.5.1 Argyll & Bute Council Training Policy 
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. 
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 Council 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; and 
• 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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• Ensure that personnel involved in the design and facilitation of training and
assessment are appropriately qualified; and 
• Ensure that appropriate training records are maintained. 
1.5.2 Training Plan Responsibilities 
Table 1: Training Plan Responsibilities 
Post  Training Responsibility 
Head of Roads and Amenity Services  Executive Director 
Marine Operations Manager  Head of Roads and Amenity Services 
Harbour Masters  Marine Operations Manager 
Technical Officers  Marine Operations Manager 
Assistant Harbour Masters  Harbour Masters 
Pier Operatives  Harbour Masters 
Ferry Operatives  Marine Operations Manager 
1.5.3 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.   
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2. Policies
Argyll and Bute Council has developed Policies to ensure its Marine Operations are safe and in
compliance with the Port Marine Safety Code. The primary purpose of these Policies is to provide an
overall standard for marine operations throughout Argyll and Bute Council areas of jurisdiction. They
also provide a reference point for a variety of operational decisions including the selection of
resources and the design and implementation of safe working practices. 
The Policies are:
• Council Health and Safety Policy
• Consultation Policy
• Risk Assessment Policy
• Environmental Policy
• Training Policy
• Navigation Safety Policy
• Safety of Navigation Policy
• Hydrographic Policy
• Pilotage Policy
• Enforcement Policy
2.1 Policy Review 
The Marine Management Team shall undertake a formal review of all marine policies on a three
yearly basis or as circumstances dictate. See Safety Management Plan. 
2.2 Commitment Statement 
The Executive Director, Development and Infrastructure Services as “Duty Holder” and the person
with ultimate responsibility, has committed to compliance with the requirements of the PMSC.
Furthermore, it is committed to ensuring that adequate resources are available to discharge its
navigational safety obligations.   
The purpose of this document is to show a link between the policies set by the Argyll Bute Harbours
Board and the management arrangements, controls and provisions that discharge those policies. 
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3. The Council Marine Safety Management System 
The Safety Management System is based on Formal Safety Assessment and is subject to a continual
Hazard monitoring and Risk Assessment Process. The Safety Management System is subject to
continual review to monitor its application and effectiveness 
3.1 Marine Safety Management. 
Structure of Marine Operational Management. 
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3.2 Responsibilities
Roles that are important to the provision and delivery of the Council Safety Management System are
listed as follows: 
3.2.1 Argyll and Bute Council Harbour Board 
Argyll and Bute Council recognises that under the requirements of the Port Marine Safety Code, it is
the Statutory Harbour Authority for all piers and harbours 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. 
The members of the Harbour Board have received specialist training to enable them to discharge
their duties in respect of the Port Marine Safety Code.  
The Argyll and Bute Harbour Board has assigned the post of Duty Holder to the Executive Director,
Development and Infrastructure Services. 
The Duty Holder has the responsibility for ensuring that Argyll and Bute Council’s duties and powers
as Harbour Authority are met.  The Argyll and Bute Harbour Board is responsible for the proper
exercise of its legal duties as a Harbour Authority. 
Argyll and Bute Council, as Harbour Authority has powers to appoint personnel, including the Marine 
Operations Manager and Harbour Masters, to manage the operation of the harbour area. Argyll and
Bute Council also exercises a number of its functions as Harbour Authority through the Development
and Infrastructure Director.  However, Argyll and Bute Council through the Argyll and Bute Harbour
Board retain ultimate accountability as the Statutory Harbour Authority.
Argyll and Bute Council as Harbour Authority along with the Duty Holder have a number of powers,
duties and responsibilities:- 
Duty to ensure an effective Safety Management System is in place as defined by the Port Marine 
Safety Code.  This duty embraces:- 
• Development and maintenance of its harbours and areas to meet the requirements
of port users and safe operation of its harbour areas; 
• Development and implementation of appropriate policies, plans and procedures; 
• Ensuring that risk assessments and reviews of the Safety Management System are
undertaken as required; 
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• Duty to adopt appropriate powers as required for effective enforcement of its
statutory duties (Harbour Bye-laws & directions) 
• Responsibility for setting harbour dues at a level, which adequately funds the  
discharge of their duties. 
• Powers to appoint a Harbour Master / Port Marine Operations Manager  
• Duty to provide marine services and facilities to meet their obligations as Harbour
Authority. 
3.2.2 Duty Holder 
The nominated Duty Holder is the Executive Director, Development and Infrastructure Services. 
Marine responsibilities of the Duty Holder 
In respect of marine navigational safety: 
• Discharges the duties and exercises the powers given to it, both directly and by
delegation, as it considers appropriate. 
• Discharges the function of "Duty Holder" as defined in the PMSC by ensuring
compliance with the Code, and the safe management of navigation. 
• Makes recommendations to the Harbour Board and other appropriate committees
within the Council. 
• Reviews the performance of Argyll and Bute Council against its strategic and
operational objectives, plans, and budgets.                 
3.2.3 Designated Person
In meeting its obligations under the PMSC, Argyll and Bute Harbour Board has appointed a
‘Designated Person’ (DP) from ABPmer, who maintains a right of direct access to the Duty Holder. 
The role of the DP is to:  
• Provide independent assurance that the Duty Holder has an effective and
appropriate Marine Safety Management System; and  
• Provide the Duty Holder with independent and professional advice regarding Argyll
and Bute Council’s overall compliance with the requirements of the PMSC. 
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3.2.4 Council Office Holders.
Head of Roads and Amenity Services.  
• To lead the delivery and provision of Marine Operations ensuring that appropriate an
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. 
• To work cooperatively with others (including external organisations where appropriate)
to meet and maintain the objectives of the Safety Management System. 
• To provide effective management and team leadership. 
• To proactively manage the health and safety of employees and ensure that all key
elements of health and safety management are in place. 
• To demonstrate resilience and integrity and lead through challenging circumstances. 
• To develop service plans and continually review performance, striving to improve the
quality and efficiency of Marine Operations. 
• To recruit and train competent employees. 
Marine Operations Manager 
Responsible for the overall management of the Council’s Marine services, ensuring that
appropriate an 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:  
• All Council piers and harbours are safe for operational use by mariners, including
infrastructure and navigational aids. 
• All ferry vessels are compliant and certificated for public service, including arranging for
the annual inspections and maintenance. 
• Ferry crews are appropriately qualified. 
• Ferry timetables meet the needs of relevant communities. 
• Those facilities which are ISPS approved remain compliant.   
• Any necessary actions are taken as a result of attending Port Security meetings. 
• The Council has a validated oil pollution response plan for harbours and the coastal
environment. 
Harbour Technical Officer
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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 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
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.   
Harbour Masters
Harbour Masters and their Assistants are appointed by the 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 Safety Management System.
b) Marine Risk Assessments.
c) Compliance with Port Marine Safety Code.
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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 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.    
Assistant Harbour Masters 
The Authority appoints Assistant Harbour Masters who aid and support the Harbour Master in the
operation of the port.  The Assistant Harbour Masters are vested with the same statutory discretions
as the Harbour Master and are authorized to deputise for the Harbour Master, in their absence. 
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4. Marine Operations and control of the Safety Management System 
Marine Operations within the Argyll and Bute Council Areas 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 Councils area of jurisdiction.
The Safety Management System aims to provide for the safe use of Piers, Harbours, Quays and
slipways by all vessels and users.
The Safety Management System does not replace any appropriate legal or administrative
requirements laid down by The Health and Safety Executive, Maritime and Coastguard Agency et al,
it will nonetheless harmonise with other safety, emergency and environmental systems in place. 
4.1 Review of the Safety Management System 
The Review process will focus on the effectiveness of the 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
• Accidents / Incidents that occur being analysed to identify System strengths and
weaknesses.
Periodical Review
Additional to the above the Safety Management System will be reviewed by the designated officers
every 3 years and subject to The Designated Person conducting a Compliance Audit every 3 years. 
4.1.1 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 DP and Duty Holder.
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.
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• 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.
• Advice from the Designated Person 
4.1.2 Peer Review.
In compliance with Section 5.2 of the PMSC Guide to Good Practice, Peer reviews are carried out by
one Council port on behalf of another, and are accepted as a suitable form of additional audit that
ensures the Marine Safety Management System is functioning as required. Reviews are carried out
by competent experienced persons who are independent of the asset being reviewed.                                  
4.1.3 External Audit of the Marine Safety Management System
An annual independent audit of the Safety Management System will be commissioned from the
Designated Person.  The audit report will be considered by the Harbour Board and the outcome of
this consideration will be recorded.
All audits, internal and external, will commence in September with recommendations processed by
December and included in an action plan reported regularly to the Duty Holder and Harbour Board
along with the external audit reports. Amendments to the MSMS will be made available to the Duty
Holder for sign-off in January / February and published after approval in March / April. 
4.1.3 Effectiveness of the Safety Management System
The effectiveness of the Safety Management System will be monitored by the following means:
• Accident and Incident Recording
• Independent Audit of the System by the Designated Person
• Publication of a Marine Safety Plan covering a 3 year period which informs the Councils
performance against the previous Plan as required by the P.M.S.C.
• Annual report to the Harbour Board by the Marine Operations Manager for review and as a
basis for continual improvement of the System.
4.1.4 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. 
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4.2 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. 
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 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. 
4.3 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.  
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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. 
4.4 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. 
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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. 
4.5 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. 
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. 
4.5.1 Document Control.
As with many Council Documents, the 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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5. Risk Management Controls and Procedures 
The MSMS procedures and guidelines fulfil the requirements of the Port Marine Safety Code (PMSC)
including but not limited to, the following:  
• Making risk control the basis of all marine activities, procedures and regulations
applied to or required of port users; 
• Using risk assessment to identify the requirement for navigation aids; 
• Applying risk assessment to all harbour works; 
• Subjecting wrecks to risk assessment and programming periodic review; 
• Maintaining systems to implement the findings of risk assessments; 
• Identifying and designating safe pilot boarding and landing areas; 
• Applying and adhering to current pilot transfer arrangement regulations; 
• Reporting deficiencies on visiting vessels; 
• Providing procedural advice for giving Directions in relation to dangerous vessels or
substances; 
• Regulating the use of harbour craft; 
• Maintaining and developing a competence based training scheme to support
delivery of all marine functions; 
• Maintaining appropriate plans and procedures for emergency response and
associated training/exercises.
•  Using verification/audit systems. 
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5.1 Marine Risk Assessments 
Argyll and Bute Council Harbour Board will ensure that policy is derived to: 
1. Identify, quantify and manage the significant marine risks associated with the Council’s
harbours, their approaches and associated activities.  This will ensure that there is
appropriate control exercised over vessel movements by, where necessary, regulating the
safe arrival, departure and movement within the harbours of all vessels. 
2. Maintain, protect, improve and regulate the safe navigation of all vessels in the Council’s
harbour areas by: 
a. Ensuring that all harbours and marine facilities remain safe for all harbour
users to undertake their business and activities, with the risk of injury as low
as reasonably practical. 
b. Having an effective system for promulgating navigation warnings affecting
the harbours. 
c. Consider the effect of weather on harbour safety and see that the broadcast
warnings are accessible. 
d. Designating suitable anchorages. 
e. Monitoring lights and marks used for navigation. 
f. Regularly reviewing the need for pilotage and authorising suitable trained
and experienced pilots to provide an efficient and safe pilotage service. 
g. Providing resources to deliver marine services. 
3. Ensuring that suitable plans for emergency situations are maintained, regularly updated and
exercised so that Argyll and Bute Council will respond effectively to emergency incidents in
order to minimise adverse impacts. 
4. Carrying out all of its functions with particular regard to the potential for adverse
environmental impact and the need to protect the marine environment, landscape, heritage
and amenity facilities. 
5. Maintaining up-to-date Bye-laws in consultation with harbour users and enforcing them
appropriately so as to effectively regulate harbour use. 
6. Establishing appropriate controls for personal safety so as to: 
a. Safeguard harbour users, employees, those working in harbours and the
public whilst they are within areas under Argyll and Bute Harbour Board’s
control. 
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b. Controlling the risk of exposure to criminal and civil liability. 
c. Involve stakeholders in the management of marine safety and raising
awareness of marine risks and their prevention, control and management. 
d. Consider the effects on harbour safety of proposed changes in use or
harbour works. 
e. Operate within policies developed specifically to address marine issues in
addition to the corporate policies and procedures approved by the Council. 
f. Confirm the roles and responsibilities of key personnel. 
g. Outline existing procedures for marine safety within the harbours and their
approaches. 
h. Measure performance against targets, particularly by building a database for
recording incidents, including near misses. 
i. Maintain appropriate emergency and contingency plans. 
j. Keep appropriate duties and powers under regular review. 
5.2 Navigation Risk Assessments. 
Navigational Risk Assessments have been carried out for all Ports and Harbours covered by this
Document. The Control Measures identified within these Risk Assessments will be used to regulate
vessel movements. 
In addition, to enable effective Control of vessel movements Harbour Masters have four main
powers available to regulate ship movements: 
• 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 - may generally be given by harbour authorities which have the power to
regulate navigation: these determine the circumstances in which pilotage is to be
compulsory.  
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Dangerous vessel directions - are a special case, 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 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 he believes that compliance would endanger the
vessel.  
Control of vessels within a harbour area depend upon effective two way communication between
the harbour personnel and the vessels concerned and all ships` masters should familiarise
themselves with the layout and limitations of their destination port and have on board sufficient
navigational information to enable safe navigation into and out of the harbour.  Close contact must
be maintained with the harbour master when approaching and within harbour limits. 
It is the policy of Argyll and Bute Council that its powers, policies and procedures will be based on a
formal assessment of hazards and risks and it will have a formal MSMS. 
The aim of this process is to eliminate significant risks or, if that is not practicable, to reduce risks to 
“as low as reasonably practicable”.  Formal risk assessments shall be used to:- 
• Identify hazards and analyse risks; and 
• Assess those risks against an appropriate standard of acceptability and where
appropriate, consider a cost-benefit assessment of risk reducing measures. Argyll &
Bute Harbour Board has undertaken a formal safety assessment of its harbour
operations to ensure that a systematic approach was taken to the identification and
the management of risks. 
There is a preferred hierarchy of risk control principles:- 
• Eliminate risks - by avoiding a hazardous procedure or substituting a less dangerous
one; 
• Combat risks - by taking protective measures to prevent risk; and 
• Minimise risk - by suitable systems of working. 
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An initial set of navigational risk assessments were completed in October 2015 for the main
harbours of: 
• Dunoon; 
• Rothesay; 
• Campbeltown; 
• Port Askaig; 
• Oban North Pier; and  
• Craignure.  
The regular, at least 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. 
5.3 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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5.4 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). 
5.5 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 engage competent and authorised
Pilots  
• Keep under review its Pilotage Directions to ensure they are fully in accord with the Safety
Management System and guidance in the Port Marine Safety Code. 
• Issue Pilotage Exemption Certificates (PEC) to bona fide Masters and Mates 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     
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5.6 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. 
5.6.1 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.   
Overall 
Commander
On - Scene 
Commander
Organisation 
Resources
Administration
Harbour 
Masters & Pier 
Staff
Counter -
Pollution 
resources
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5.6.2. Emergency Preparedness and Response 
Argyll & Bute Council harbours have in place established procedures for emergency situations. 
Exercises take place at regular intervals to familiarise and update staff on these procedures and to test
response actions and communication structures. 
External consultants oversee an annual exercise and provide feedback and advice where necessary
in order to maintain and where necessary improve emergency preparedness.   
5.6.3 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. 
Minor Incidents 
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. 
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;
and 
• Serious disruption to the operation of the harbour. 
Incident aboard a Vessel 
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The Master of any vessel which has an incident aboard must immediately inform the Harbour
Master and contact the appropriate emergency services. 
5.7 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; 
• Response strategy; 
• Equipment deployment; 
• Communication support; 
• Logistics support; 
• Public affairs/media; 
• Safety/security; 
• Legal support; and 
• Vessel casualty. 
During all incidents, all persons concerned should maintain a log of all communications and actions
5.8 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. 
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The plans have been drawn up to deal with emergencies involving; 
• Fire 
• Explosion 
• Escape of hazardous  substances  
• Collision, sinking or stranding of vessels 
• Grounding.   
5.9 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: 
• 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. 
Emergency Response Centre 
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. 
5.10 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.  The conservancy duty
covers specific requirements, which are outlined in the PMSC as follows: 
• A harbour authority has a duty to conserve the harbour so that it is fit for use as a
port.  The harbour authority also has a duty of reasonable care to see that the
harbour is in a fit condition for a vessel to be able to use it safely; 
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• Harbour authorities should provide users of the harbour with enough information
about conditions in the harbour such as depths of water, local Notices to Mariners,
etc. and 
Harbour authorities have duties and powers as local lighthouse authorities (or providers of aids to
navigation); and specific powers in relation to wrecks. 
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 and 
• 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. 
6.1 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; and 
• 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
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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; and 
• The investigation should look beyond the actual situation to see whether it could
have been worse. 
6.2 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.  He/she and his/her 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. 
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. 
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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. 
6.3 Enforcement Policy and 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 Board or by the Courts.  
Where necessary, and where empowered, the Board will prosecute offenders for committing
offences.  Argyll and Bute Council policy is to:  
• Maintain through regular reviews, a relevant and effective regulatory framework,
consistent with national legislation, ancillary regulations and bye-laws; 
• Ensure that regulations and associated guidance are widely promulgated within 
Argyll and Bute Council relevant area of jurisdiction; 
• Develop and maintain effective enforcement procedures that comply with national
legal requirements and guidelines; 
• Develop and maintain effective investigation procedures that support the
enforcement process, and meet the requirements of the MSMS 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 & Bute Council enforcement procedures, receive effective and relevant
training; 
• Investigate all incidents, taking proper account of the requirements of the Police and 
Criminal Evidence Act 1984 (PACE) codes of practice where necessary; 
• Maintain an effective surveillance and spot check regime, to monitor compliance
with, and detect breaches of, relevant national and regulations; and 
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• Respond to breaches of regulations, by imposing a sanction appropriate to the
circumstances, or initiating a prosecution where the facts warrant. 
Argyll and Bute Council is responsible for enforcing many of the laws that apply within their
jurisdiction, but enforcement does not necessarily mean prosecution.  Prosecution and the
associated penalties imposed by a Court provide the ultimate sanction and enforcement provides a
range of responses from informal verbal warnings, through formal written warnings to action in the
Courts.  
Argyll and Bute Council will always apply consistent approach for dealing with those persons who
use their managed harbour and fail to meet acceptable standards.  For Argyll and Bute Council to
maintain its credibility it must demonstrate that it can effectively utilise the full range of
enforcement options. 
A criminal investigation does not necessarily end in a prosecution but if the investigation is not done
in accordance with strict rules a prosecution will not be permissible.  Therefore all investigations that
may lead to a prosecution have to be conducted with that possibility in mind. 
6.3.1 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
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
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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. 
6.3.2 The Enforcement Options 
Enforcement covers everything from cordial education on the conduct expected, to prosecution on
indictment in the Crown Court where the Court may send someone to prison. 
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; and 
• Prosecution. 
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; and 
• The knowledge and experience of the suspect.
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2021 - 2023 Marine Safety Plan
Number Provision / Activity Objective Measure Year 1 - ‘21 Year 2 - '22* Year 3 - ‘23
1 Duty Holder
Duty Holders to have received training on
their role and responsibility under the
Code in the last three years
100% of Duty Holders
trained 100% 100% of new Harbour Board
Duty Holders to have undertaken an
operational tour of a Council Port or
Harbour in the last three years
100% of Duty Holders
undertaken an
awareness tour
Working day at Oban and invitation to Exercise Morby in
Campbeltown
2 Designated Person
External Audit completed at one Port or
Harbour per year
Annual Dunoon, Kilcreggan
& Helensburgh Oban & Mull
Report to the Duty Holder at least once
per year
Annual Report to Harbour
Board and Duty
Holder
Report to Harbour
Board and Duty
Holder
3 Legislation
Review legal duties and powers at least
once every three years
Three years
Ongoing review in
relation to the
Consolidation
Harbour Order
Ongoing review in
relation to the
Consolidation
Harbour Order.
HRO process for
Oban Harbour
4 Duties and Powers
MAIB Reportable Incidents: make all
reports to the MAIB within 24hrs, with
investigation follow up
24hrs initial report,
investigation sent at
incident close
No Reportable
Incidents
No Reportable
Incidents
Incident investigation: close out all
incidents on MarNIS in accordance with
defined procedures and closed out within
an agreed timeframe.
Close out Incidents on
according to nature and
severity of Incident: 1
week for minor incidents
and 1 month for more
serious incidents that
may involve other parties
All incidents closed
out in date
All incidents closed
out in date
Hydrographic Survey set out in a survey
plan
Surveys conducted to
planned dates Surveys in date Surveys in date
Hydrographic Survey publish within
target timescale
Within one month of
survey date
Published within
date
Published within
date
5 Risk Assessment
All Marine Risk Assessments to be in-
date
100% in-date
All in date
All in date and
Dynamic Risk
Assessment
template in use
6 MSMS
The Marine Management Team will
undertake a formal review of all marine
policies on a three-yearly basis
Three years Reviewed with no
changes
Reviewed with
changes for
approval
The Marine Safety Management System
will be reviewed annually (or following
any significant industry changes)
Annual Reviewed with no
changes
Reviewed with
changes for
approval
7 Review and Audit
Review SMS on an annual basis.
Complete internal audits to the three-
yearly schedule
Complete scheduled
Review of SMS in
accordance with
timeframe as stated in
Section 14.7 of SMS
Dunoon, Kilcreggan
& Helensburgh Oban, Mull & Iona
8 Competence
Ensure staff with marine safety
responsibilities are trained to undertake
their duties
100% of mandatory
training completed All required marine
training completed
All required marine
training completed
9 Plan
Publish a three yearly ‘Marine Safety
Plan’ (this plan)
Published and in-date Published
Publish an assessment of the
organisation’s performance against the
last period plan
Published review Review not
published Review published
10 Aids to Navigation
Aids to Navigation: Three-year
performance meets or exceed IALA
performance threshold
Cat 1 = 99.9% Cat 2 =
99.0% Cat 3 = 97.0% Cat 1 = N/A, Cat 2 = 99.84%, Cat 3 =
100% Reported in 2025
*note: 2022 Election year - New Harbour Board Members
1
APPENDIX C
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2017 - 2020 Marine Safety Plan
Number Service	Provision Ac1vity	Target Progress	%	
Completed
1
Naviga&onal	Incidents No	major	incidents,	serious	injuries	or	serious	
pollu&on	as	a	result	of	a	failure	of	the	Councils	
Marine	Safety	Management	System.	All	
incidents	inves&gated	in	accordance	with	
defined	procedures	and	closed	out	within	an	
agreed	&meframe.
100%	Completed
2
Conservancy	and	Hydrographic	Surveys Aids	to	Naviga&on	
Meet	the	availability	targets	of	IALA	
Hydrographic	Surveys	
Ensure	that	the	Ports	and	Harbours	have	an	
adequate	plan	of	hydrographic	surveys	and	that	
these	are	undertaken	in	line	with	the	agreed	
schedule	and	that	the	results	are	published	
within	the	target	&mescales.
100%	Completed
3
Audit	of	SMS Ensure	that	the	audit	is	carried	out	on	annual	
basis	by	the	Designated	Person	and	any	
deficiencies	are	corrected	in	a	&mely	manner.	
SMS	to	reflect	lessons	learnt	from	other	ports	
and	incorporate	the	recommenda&ons	and	
conclusions	of	any	port	related	MAIB	
inves&ga&on	as	appropriate.
100%	Completed
4 Pilotage	services No	major	incident	due	to	Pilot/PEC	holder	
error. 100%	Completed
5
Liaison	and	consulta&on	with	
	
	
stakeholders
Ensure	good	communica&on	on	marine	safety	
maOers	for	new	and	exis&ng	ac&vi&es	with	
Harbour	Users	Groups.
100%	Completed
6 Training	of	marine	personnel Ensure	con&nuous	professional	development 100%	Completed
2
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Argyll and Bute Council 
Port Marine Safety Code
Audit: Isles of Mull and Iona 
(Craignure, Bunessan, Fionnphort, Iona) 2022 
November 2022 
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Port Marine Safety Code
Audit: Isles of Mull and Iona 
(Craignure, Bunessan, Fionnphort, Iona) 2022 
November 2022 
Fionnphort
Iona
Bunessan 
Craignure
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Port Marine Safety Code - Audit: Isles of Mull and Iona (Craignure, Bunessan, Fionnphort, Iona) 2022  Argyll and Bute Council
ABPmer, November 2022, R.4024  | i
Document Information
Document History and Authorisation
Title Port Marine Safety Code 
Audit: Isles of Mull and Iona (Craignure, Bunessan, Fionnphort, Iona) 2022
Commissioned by Argyll and Bute Council
Issue date November 2022
Document ref R.4024
Project no R/4952/01
Date Version Revision Details
03 November 2022 1 Issued for client review
28 November 2022 2 Issued for client use   
Authorised 
(Auditor)
Approved 
(Quality Manager)
Authorised 
(Designated Person)
Harry Aitchison Richard Vaughan Monty Smedley   
Suggested Citation
ABPmer, (2022).  Port Marine Safety Code, Audit: Isles of Mull and Iona (Craignure, Bunessan, Fionnphort, Iona) 2022, ABPmer
Report No. R.4024.  A report produced by ABPmer for Argyll and Bute Council, November 2022. 
Author
M.J. Smedley 
Notice
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the client’s sole purpose and use.  No third party may rely upon this document without the prior and express written agreement
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Sections of this document may rely on information supplied by or drawn from third party sources.  Unless otherwise expressly
stated in this document, ABPmer has not independently checked or verified such information.  ABPmer does not accept liability
for any loss or damage suffered by any person, including the client, as a result of any error or inaccuracy in any third party
information or for any conclusions drawn by ABPmer which are based on such information. 
All content in this document should be considered provisional and should not be relied upon until a final version marked
‘issued for client use’ is issued. 
All images on front cover copyright ABPmer. 
ABPmer
Quayside Suite, Medina Chambers, Town Quay, Southampton, Hampshire   SO14 2AQ
T: +44 (0) 2380 711844   W: http://www.abpmer.co.uk/ 
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ABPmer, November 2022, R.4024  | ii
Contents
1 The Port Marine Safety Code ................................................................................................ 1
1.1 About the Harbour Authority ................................................................................................................. 2
2 Purpose and Method ............................................................................................................... 4
2.1 Audit scope .................................................................................................................................................... 4
2.2 Audit definitions and outcomes ............................................................................................................ 4
2.3 Audit date and criteria .............................................................................................................................. 5
2.4 Auditor............................................................................................................................................................. 5
2.5 Auditees .......................................................................................................................................................... 5
3 Audit Summary ........................................................................................................................... 6
4 References .................................................................................................................................... 8
4.1 Websites ......................................................................................................................................................... 8
5 Abbreviations/Acronyms ........................................................................................................ 9  
Appendices
A Detailed Audit Findings ........................................................................................................ 12
A.1 PMSC Section 1 – Accountability for Marine Safety .................................................................. 12
A.2 PMSC Section 2 – Key Measures Needed to Secure Marine Safety .................................... 16
A.3 PMSC Section 3 – General Duties and Powers ............................................................................. 24
A.4 PMSC Section 4 – Specific Duties and Powers ............................................................................. 27
B Quayside Checks ..................................................................................................................... 33
B.1 Craignure ..................................................................................................................................................... 33
B.2 Bunessan ...................................................................................................................................................... 36
B.3 Fionnphort .................................................................................................................................................. 41
B.4 Iona ................................................................................................................................................................ 44 
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Figure
Figure 1. Craignure Harbour Limits......................................................................................................................... 2 
Images  
Image B1. Craignure, ladder does not extend below waterline .................................................................. 35
Image B2. Craignure, ladder with missing handrails or grab loops .......................................................... 35
Image B3. Bunessan, trip hazards and obstruction to steps. ....................................................................... 38
Image B4. Bunessan, obsolete lifting equipment (trip hazard) ................................................................... 38
Image B5. Bunessan, tires and ropes affixed to ladders ................................................................................ 39
Image B6. Bunessan, life ring .................................................................................................................................... 39
Image B7. Bunessan, wooden fendering in disrepair ...................................................................................... 40
Image B8. Fionnphort, access to pier blocked by fishing pots .................................................................... 43
Image B9. Fionnphort, life ring missing cover ................................................................................................... 43
Image B10. Iona, small vessel slipway step and poor quality surface ......................................................... 46
Image B11. Iona, access ladder is blocked by rope ............................................................................................ 46 
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1 The Port Marine Safety Code
The Port Marine Safety Code (‘the Code’) sets out a national standard for every aspect of port marine
safety.  Its aim is to enhance safety for everyone who uses, or works in, the UK port marine environment. 
It is authored by the UK Government, supported by the devolved administrations and representatives
from across the maritime sector and, whilst the Code is not mandatory, these bodies have a strong
expectation that all harbour authorities will comply.  The Code is applicable both to Statutory Harbour
Authorities and to other marine facilities, which may not have statutory powers; these are collectively
referred to throughout the Code as ‘organisations’ (DfT, 2016). 
In reading this audit report, the Council and Duty Holder should note the following extract from the
Code: 
“The Code does not contain any new legal obligations but includes (amongst other things) references
to the main legal duties which already exist.  Failure to comply is not an offence in itself.  However,
the Code represents good practice as recognised by a wide range of industry stakeholders and a failure
to adhere to good practice may be indicative of a harbour authority being in breach of certain legal
duties.  Moreover, the organisation may suffer reputational damage if it has publicly committed to
the Code’s standards and then fails to meet them.” 
(DfT, 2016) 
In order to measure compliance with the Code, the table below sets out the 10 Duty Holder
responsibilities, and corresponding cross-references with sections of the Code, which this audit has
considered.   
No PMSC Duty Holder Responsibilities  PMSC Section 
Reference
1 Duty Holder Formally identify and designate the Duty Holder, whose members are
individually and collectively accountable for compliance with the Code
and their performance in ensuring safe marine operations in the harbour
and its approaches.
1.6-1.8, 1.10, 1.16-1.17
2 Designated
Person
A ‘Designated Person’ must be appointed to provide independent
assurance about the operation of the marine safety management system.
The designated person must have direct access to the Duty Holder.
1.11-1.12
3 Legislation The Duty Holder must review and be aware of their existing powers
based on local and national legislation; seeking additional powers if
required in order to promote safe navigation.
2.3-2.6, 
4.3-4.5
4 Duties and
Powers
Comply with the duties and powers under existing legislation as
appropriate.
1.3-1.5, 1.9, 1.13-1.15, 
3.1-3.14, 
4.2, 4.6-4.20, 4.25-4.32
5 Risk
Assessment
Ensure all marine risks are formally assessed and are eliminated or as low
as reasonably practicable in accordance with good practice.
2.7-2.11
6 Marine Safety
Management
System 
Operate an effective marine safety management system which has been
developed after consultation, is based on formal risk assessment, and
refers to an appropriate approach to incident investigation.
2.12-2.17, 2.19-2.23,
2.25, 2.29
7 Review and
Audit
Monitor, review and audit the risk assessment and marine safety
management system on a regular basis – the independent designated
person has a key role in providing assurance for the Duty Holder.
2.2, 2.24, 2.30-2.32
8 Competence Use competent people (i.e. trained, qualified and experienced) in
positions of responsibility for managing marine and navigation safety.
2.18
9 Plan Publish a safety plan showing how the standard in the Code will be met
and a report assessing the performance against the plan at least every 3
years.
2.26-2.28
10 Aids to
Navigation
Comply with directions from the General Lighthouse Authorities and
supply information and returns as required.
4.21-4.24 
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1.1 About the Harbour Authority
The Isle of Mull is the second-largest island of the Inner Hebrides (after Skye) and lies off the west coast
of Scotland in the council area of Argyll and Bute.  Mull has a number of harbours, ports, piers and
slipways.  The Council is responsible for three, namely: Craignure, Bunessan and Fionnphort which are
all operated by the Harbour Master team from Oban.   
Craignure lies close to the Isle of Mull's easternmost point and is the main terminus for the ferries from
Oban Bay.  A&BC is the Statutory Harbour Authority (SHA) by virtue of the Argyll County Council
(Arinagour and Craignure Piers, etc) Order 1961, the limits of which are set out in Part 4, Section 24(2)
of the Order as shown in Figure 1.  The Council is the facility owner for its marine assets and the SHA
for the harbour.  The original pier was built in 1894 and is located in the south east end of the bay
adjacent to the village hall.  The present pier is located on the west side of the bay and was built in 1964,
it has two berths with the northern berth used by the ferry and the southern berth for other craft.  The
harbour has scheduled ferry services, with occasional calls from aquaculture and small cruise vessels. 
There are a number of local resident community moorings around the original pier at the south east
end of Craignure Bay.   
Figure 1. Craignure Harbour Limits 
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Bunessan pier is located on the Ross of Mull in the south west of the Isle of Mull, A&BC is the marine
facility owner for the pier structure, but the area does not form part of an SHA.  The pier was constructed
from the local granite in circa 1846, prior to the building of the pier boats anchored in the bay and
shuttled their cargo ashore in small boats.  Current use of the pier is local fishing vessels all the year
round and visiting yachts during the summer months.   
Fionnphort is the Mull terminal for the Iona Ferry.  The marine berthing facilities at Fionnphort are owned
by A&BC but the area does not form part of an SHA.  The port has a slipway providing passenger and
vehicle access to the ferry, plus a pier which is used by local fishing vessels, recreational and privately-
owned craft.  Baile Mòr is the Isle of Iona terminal for the Iona Ferry.  The port has a slipway providing
passenger and vehicle access to the ferry, as well as being used by local fishing vessels, recreational and
privately-owned craft.  The Iona ferry route is operated by CalMac Ferries Ltd (CFL) and provides a lifeline
service linking the Isle of Iona to the Isle of Mull.   
Vessel traffic within the Sound of Iona can be characterised into two groups.  The first is the ferry traffic
which navigates between Fionnphort and Baile Mòr on the Isle of Iona (approximate east to west route,
linking the Isles of Mull and the Isle of Iona).  The second, is traffic transiting through the Sound
(approximate north-east, south-west direction) which is comprised of fishing vessels, recreational
vessels and the Staffa Tour boats which operate from Fionnphort and Baile Mòr on Iona.   
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2 Purpose and Method
2.1 Audit scope
Argyll and Bute Council (A&BC) has contracted ABPmer to provide Designated Person services for its
ports, harbours and piers.  Part of this service includes the provision of annual auditing to establish if
the Harbour Authority is compliant with the requirements of the Port Marine Safety Code (PMSC).  The
scope of the audit includes a review of Harbour Authority performance against the standard laid out
within the latest edition of the Code.  Any aspects that do not comply with, or fully address, the
requirements of the Code will be identified, and recommendations for improvement will be made.  
2.2 Audit definitions and outcomes
The following definitions are used in the audit report: 
Non-compliance: is a failure to adhere to a legal requirement such as an Act, Order or its Regulations. 
The Port Marine Safety Code requires organisations to confirm compliance with the requirements of the
Code.  Therefore, Port Marine Safety Code audits are designed to test the requirements of the Code
with any failure to comply identified as a ‘non-compliance’.   
Non-conformity: is an opportunity for the management system to improve through the identification
of a requirement that is not met.  Non-conformities are not regulatory but relate to the port or harbour’s
own operational instructions which are not met or fully met.  Any non-conformities identified through
the audit process are identified in bold text in the report.   
Evidence: Non-compliances and non-conformities are identified through factual evidence sampled
during the audit.   
2.2.1 Outcomes
The audit report uses the following outcomes: 
Non-Compliance: a non-compliance with the requirements of the Code which are a
breach of legal obligations or may compromise marine safety, environmental safety or
present a significant reputational risk. Recommendations for addressing non-
compliances are identified in red. 
Observation: refers to an improvement opportunity such as an update to information,
procedural change, or a non-conformity with local operating instructions.  Whilst
observations are defined as improvement opportunities, addressing them may improve
the overall system standard. Recommendations for addressing observations are
identified in yellow.   
Satisfactory: a system component that meets or exceeds the requirements of the Code. 
Items of best practice are identified in bold.   
Not applicable: part of the Code that is not relevant to the Organisation being audited.   
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2.3 Audit date and criteria
The audit was carried out onsite at Oban on 06 September 2022, with a site visit to the Isle of Mull and
the Isle of Iona on the 29 September 2022.  The latest version of the PMSC, and the accompanying
Guide to Good Practice (GtGP), has been used as the benchmarking standard within Appendix A.  The
audit tables also identify the paragraph numbers from the Code (DfT, 2016) and relevant sections of the
Guide to Good Practice (DfT, 2018), for cross reference purposes.   
In addition, within Appendix B the Health and Safety Executive (HSE) publication L148 ‘Safety in Docks:
Approved Code of Practice and Guidance’ (ACOP) (HSE, 2014) and the Port Skills and Safety (PSS)
publications SIP 005 ‘Guidance on Mooring’ (PSS, 2020) and SIP 014 ‘Guidance on Safe Access and
Egress’ (PSS, 2019) have been used.  The appendix tables to this report contain the test questions and
evidence, noting down conformity, non-conformity and observational remarks.  
2.4 Auditor
The following auditor conducted this audit.   
Team Member Initials Company, Designation
Harry Aitchison  HJA ABPmer, Maritime Consultant
Internal Auditor: Quality Management Systems (QMS ISO 9001)
Monty Smedley MJS
ABPmer, Principal Maritime Consultant
Lead Auditor for Quality Management Systems (QMS ISO 9001)
Designed Person (PMSC) Argyll and Bute Council
Sophie Butler  SRB ABPmer, Maritime Analyst
Internal Auditor: Quality Management Systems (QMS ISO 9001)
2.5 Auditees
The following individuals participated in the audit.   
Team Member Initials Role/Designation
Allan Finlay AF Piers and Harbours – Technical Officer
Julie Hendry JH Marine Operations – Admin Officer
Scott Reid SR Marine Operations Manager
Vicki McKenzie VM Oban North Pier – Harbour Master 
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3 Audit Summary
Number Key Measures
Ten-Point ‘Health Check’   
1 Duty Holder 0 2 5
2 Designated Person 0 1 2
3 Legislation 1 2 3
4 Duties and Powers 0 15 37
5 Risk Assessment 2 1 4
6 MSMS 3 5 9
7 Review and Audit 0 1 4
8 Competence 0 7 3
9 Plan 1 0 2
10 Aids to Navigation 0 0 2
Total 7 34 71 
The summary presented in the above table identifies that, for the ten-point health-check, Argyll and
Bute Council as the Statutory Harbour Authority for Craignure and the marine facility owner for
Bunessan, Fionnphort and Iona Slipway, the Council is found not to be fully compliant with the
requirements of the Port Marine Safety Code.  The following three non-compliances were recorded: 
 The MSMS does not cite the Craignure 1961 Order, nor are the harbour limits shown.  The MSMS
must contain information on the local legislation for Craignure and expand upon the powers, duties
and responsibilities provided by the local Acts and Orders.  
 The MSMS does not state the expected review frequency for marine risk assessments.  The MSMS
does state in its Annexes for each port that: “The Harbour staff will record all
incidents/accidents/near misses on the Safety Management System (MarNIS). The reports will be
used to review accidents and incidents, for assessing whether any action is necessary to reduce the
risk of recurrence”.  It can be concluded that marine risk assessments are reviewed after incidents
occur, however the MSMS does not state that the risk assessments are updated or re-issued.  The
MarNIS system provides notification of assessments which are about to expire, based on a one-year
review frequency.  Users may set their own review frequency.  
 The ‘Marine Safety Plan’ for the years 2018 to 2020 (the previous plan) has not been assessed and
the Organisation’s performance against the plan published.  
 Bunessan, Fionnphort and Iona do not have any operational marine/navigational risk assessments. 
A review of marine hazards and the creation of marine/navigational risk assessments for Bunessan,
Fionnphort and Iona should be conducted without delay.  
 Bunessan, Fionnphort and Iona are not included in the MSMS.  The Code requires that all marine
facilities, as a minimum, are operated with reference to a proportional MSMS.   
 The MSMS Section 4 addresses ‘Consultation’, with sections on consultation policy, statutory
consultation and consultation with interested parties.  The MSMS does not provide information on
the consultation process in place for Craignure, Bunessan, Fionnphort or Iona.  
 There is no method for recording incident records for Bunessan, Fionnphort and Iona.  Information
from the audit identifies that no incidents have been reported.  
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The PMSC audit identified 34 observations relating to improvement opportunities for management
consideration, the detailed findings being presented in Appendix A.  The following points identify the
more significant items: 
 The Admiralty Chart, 2389 ‘Loch Linnhe Southern Part’ and 2390 ‘Sound of Mull’ does not map the
statutory harbour limits for Craignure
 Whilst there are system audits of the MSMS, it is not clear if Craignure, Bunessan, Fionnphort and
Iona have been included in a cyclic audit of unstaffed marine facilities.  
 There have been no bathymetric surveys Bunessan, which this is not a statutory harbour authority
(and therefore a survey is not required under Conservancy Duty) the A&BC Hydrographic Policy
commits to undertaking such hydrographic surveys as are necessary for safe and efficient navigation
and to provide port users with up-to-date and accurate hydrographic information.  As such, the
absence of survey information for Bunessan is considered to be a non-conformity with A&BC’s
hydrographic policy.  
 At the time of audit there was no evidence of an appointment letter for the statutory role of Harbour
Master or Deputy Harbour Master for Craignure.  
 Fionnphort does not have any information on the A&BC ‘Piers and Harbours’ website.  
 The MSMS Annex on Craignure does not provide information on how powers of Special Direction
are used for controlling vessel movements.  
 There is currently no method of obtaining assurance that craft working commercial (i.e., not Council
activities) are operating their vessels in accordance with relevant MCA codes.   
Quayside checks were also carried out all four facilities, a number of observations were recorded as
shown in Appendix B.  The following identify key findings: 
 At Craignure, some of the water egress (safety) ladders do not continue below the waterline.  It is a
requirement that ladders extend to at least 1 m below the water surface at low water.  
 At Bunessan, housekeeping was noted to be poor with disused ropes hanging off the pier and a
substantial amount of stored and/or abandoned fishing equipment.  This equipment obstructed
access to safety equipment and water egress ladders.  
 At Bunessan, one life ring was noted to be in a deteriorated state of repair.  
 At Fionnphort, gated access to the pier was tied shut, with ferry employees witnessed jumping
around the gate rather than going through it.  Operational areas should be gates to prevent public
access; however, gates should be accessible to pier operatives/ferry staff.  
 At the Isle of Iona slipway, a significant amount of concrete obstructed access for small vessels using
the slipway at certain states of tide.  This presents a navigational hazard and creates a risk of vessel
grounding or contact which may result in hull damage.   
The following points of best practice were noted: 
 Provision and maintenance of Aids to Navigation is recognised as an area of best practice with a
100% availability for Category 3 and 99.8% for Category 2 Aids.  
 At the time of audit, all seven Councillors of the Harbour Board, plus the Council’s Executive Director
of Development and Infrastructure Services (as Duty Holder) have attended Duty Holder Training. 
The Marine Safety Plan has an objective of 100% attendance for Duty Holder training.    
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4 References
DfT, 2016.  Port Marine Safety Code, Department for Transport (DfT), November 2016. 
DfT, 2018.  A Guide to Good Practice on Port Marine Operations Prepared in conjunction with the Port
Marine Safety Code 2016, Department for Transport (DfT), February 2018. 
Health and Safety Executive (HSE), 2014.  ‘Safety in Docks: Approved Code of Practice and Guidance’
(ACOP)’, Publication L148. 
ISO 9001: Quality Management Systems.  International Organization for Standardization. 
MCA, 2022. Navigation: Vessel Traffic Services (VTS) and Local Port Services (LPS) in the United Kingdom.
Marine Guidance Note: MGN 401 (M+F) Amendment 3.  Maritime & Coastguard Agency, March 2022. 
Port Skills and Safety (PSS), 2019.  Guidance on Safe Access and Egress, SIP 014.  September 2019.
https://www.portskillsandsafety.co.uk/resources/sip014-guidance-safe-access-and-egress 
Port Skills and Safety (PSS), 2020.  Guidance on Mooring, SIP 005.  November 2020.
https://www.portskillsandsafety.co.uk/resources/sip-005-guidance-mooring-operations 
4.1 Websites
https://www.argyll-bute.gov.uk/fees/22/piers 
https://www.argyll-bute.gov.uk/marine-safety-management-system 
https://www.argyll-bute.gov.uk/mid-argyll-kintyre-and-islay/craignure-pier 
https://www.argyll-bute.gov.uk/moderngov/ieListMeetings.aspx?CId=567&Year=0 
https://www.argyll-bute.gov.uk/sites/default/files/dp_contact_information_abc.pdf 
https://www.gov.uk/government/publications/port-marine-safety-code-compliant-ports/port-marine-
safety-code-compliant-ports-list 
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5 Abbreviations/Acronyms
A&BC Argyll and Bute Council 
ACOP Approved Code of Practice and Guidance
ALRS Admiralty List of Radio Signals
AtoN Aid(s) to Navigation
BPA British Ports Association 
CARP Critical Activity Recover Plan
CAT Category
CERS Consolidated European Reporting System
CFL CalMac Ferries Limited
CHA Competent Harbour Authority
DfT Department for Transport
DGHAR Dangerous Goods in Harbour Areas Regulations 2016
DRA Dynamic Risk Assessment
DSHAR Dangerous Substances in Harbour Areas Regulations 2016
FRA Formal Risk Assessment 
GLA General Lighthouse Authority
GtGP Guide to Good Practice on Port Marine Operations
HDPCA Harbour, Docks and Piers Clauses Act 1847
HQ Head Quarters
HR Human Resources
HRO Harbour Revision Order
HSE Health and Safety Executive
IMO International Maritime Organization
ISO International Organization for Standardization
KPI Key Performance Indicator
LATON Local Aids to Navigation
LLA Local Lighthouse Authority
LPS Local Port Service
LSE Lifesaving Equipment
M+F Merchant Shipping and Fishing Vessels
MAIB Marine Accident Investigation Branch
MarNIS Maritime Navigation and Information Services
MCA Maritime and Coastguard Agency
MGN Marine Guidance Notes
MS Microsoft
MSMS Marine Safety Management System
n/a Not Applicable
OPRC International Convention on Oil Pollution Preparedness, Response and Co-operation
PEC Pilotage Exemption Certificates
PFSP Port Facility Security Plan
PMSC Port Marine Safety Code
PSS Port Skills and Safety
QMS Quality Management System
RATSA Railways and Transportation Safety Act
RNLI Royal National Lifeboat Institute
RYA Royal Yachting Association
SAC Special Areas of Conservation
SEPA Scottish Environment Protection Agency 
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SHA Statutory Harbour Authority
SIP Safety in Port
SOPs Standard Operating Procedures
SOSREP Secretary of State's Representative
SPA Special Protection Areas
SWL Safe Working Load
UK United Kingdom
UKHO United Kingdom Hydrographic Office
VTS Vessel Traffic Service 
Cardinal points/directions are used unless otherwise stated. 
SI units are used unless otherwise stated.  
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Appendices
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A Detailed Audit Findings
A.1 PMSC Section 1 – Accountability for Marine Safety
PMSC / GtGP
Reference Subject Evidence Required
For Compliance Evidence of Compliance Recommendation Evidence
Reference Auditor
1.3-1.5 Duties and
Powers
Is the Organisation’s Duty
of Care for users of the
harbour, port of facility
stated?
Satisfactory – A&BC’s Marine Safety
Management System (MSMS), version 11,
issued in May 2020, states in Section 10 under
the heading Conservancy that: “There is a duty
to conserve a harbour so that it is reasonably
fit for use as a port, and a duty of reasonable
care to see that the harbour is in a fit condition
for vessels to use”.   
MJS_001 MJS  
Are local Acts and Orders
identified?
Satisfactory – one of the locations audited has
a harbour Act: 
 Craignure is a Statutory Harbour Authority
(SHA), the harbour authority has a copy of
its local legislation in the form of the ‘Argyll
County Council (Arinagour and Craignure
Piers, etc) Order 1961’.  
 Bunessan, Fionnphort and Iona Slip are
marine facilities and outwith an SHA
boundary, there is no (known) extant local
harbour legislation.   
MJS_005 MJS  
Is the Harbour, Docks and
Piers Clauses Act (HDPCA)
1847 incorporated into local
Acts and Orders?  
Satisfactory – the HDPCA has been
incorporated, as referenced in the Section 2(1)
and Section 3(3)of the 1961 Act.   
MJS_005 MJS
1.6 – 1.7 The Duty Holder Has the organisation
appointed and confirmed
who the Duty Holder is?  
Satisfactory – A&BC has assigned the post
and accountability of the Duty Holder to the
Council’s Executive Director of Development
and Infrastructure Services.  The Harbour
Board retains responsibility for providing
policy direction to the officers of the
Authority.  An organisational structure is
provided the MSMS, Section 2.1.   
MJS_001 MJS
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PMSC / GtGP
Reference Subject Evidence Required
For Compliance Evidence of Compliance Recommendation Evidence
Reference Auditor
1.8 The Duty Holder Are the Duty Holder’s
responsibilities for
compliance with Code
defined?  
Satisfactory – the MSMS, Section 2.2 lists the
duties of the Duty Holder.   
Observation – the role laid out in the MSMS
for the Duty Holder does not include all the
bullet point requirements listed in the Code
(DfT, 2016).   
Recommend – to ensure a match between
the role, as laid out in the Code, and the
role defined in the MSMS, it is
recommended that Section 2.2. is reviewed.  
MJS_001 MJS
1.10 The Duty Holder Does the Duty Holder (and
Harbour Board members)
have a clear understanding
of the port’s marine
activities and MSMS?
Satisfactory – the Harbour Board and Duty
Holder receive information from officers of
the Authority, presented as technical reports
to Board Meetings.  Annually the Harbour
Board and Duty Holder visit one of the
Councils ports, harbours or piers.  The last
Oban visit was on 24 September 2021.  The
Harbour Board were also invited to the
Campbeltown Emergency Response Exercise
in November 2021.  The MSMS is provided on
the Council’s website making it a simple
process to view the most recent version.   
MJS_001 MJS  
Has the Duty Holder
(Harbour Board members)
been provided with a clear
brief or training on their
role under the requirements
of the Code?
Satisfactory – all the current (seven)
Councillors of the Harbour Board, plus the
Council’s Executive Director of Development
and Infrastructure Services (as Duty Holder)
have attended training run on 05 September
2022.  The Marine Safety Plan has an
objective of 100% attendance on the Duty
Holder training course by the completion
date of the plan.  This is an area of best
practice.  It should be noted that at the time
of audit, a bye-election was planned and
following its completion the Harbour Board
will increase to eight.   
MJS_002
MJS_006
MJS
1.11-1.12 The Designated
Person
Has the Harbour Authority
appointed an individual as
the Designated Person?  
Satisfactory – the Duty Holder has appointed
ABPmer to provide Designated Person
services, with Monty Smedley as the named
Designated Person.  This contract
commenced on 01 November 2021.  The
Designated Person’s contact details were
posted on the Oban staff notice board.   
https://www.arg
yll-
bute.gov.uk/site
s/default/files/d
p_contact_infor
mation_abc.pdf 
MJS
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PMSC / GtGP
Reference Subject Evidence Required
For Compliance Evidence of Compliance Recommendation Evidence
Reference Auditor
Cont.   
1.11-1.12
Cont.   
The Designated
Person
Is the Designated Person’s
role explained in the
MSMS?
Satisfactory – the MSMS, Section 2.5 lists the
duties of the Designated Person.   
Observation – the appointment information in
Section 2.5 of the MSMS is not accurate.   
Recommendation – the Designated
Person’s details in the MSMS are updated.  
MJS_001 MJS
1.13 Chief Executive
[or equivalent]]
Have executive and
operational responsibilities
for marine safety been
clearly assigned?
Satisfactory – the MSMS, Section 2.2 lists the
responsibilities of the Duty Holder, who is
also the Chief Executive.   
Observation – the MSMS, Section 2.2 does
not address the financial and resource role
that typically, a Chief Executive would be
responsible for providing in respect of a
Harbour Authority function.     
Recommendation – the role profile in the
MSMS is reviewed and wording around
‘adequate resources’ is included.  
MJS_001 MJS  
How is marine safety
funded within the
organisation?
Satisfactory – funding is identified and agreed
through the Council’s approvals process. 
Officers of the Authority have delegated
spending powers within their spending limits. 
All significant funding decision outside of
spending limits come to the Harbour Board;
officers of the Authority provide technical
input to Harbour Board decisions.   
n/a MJS
1.9, 
1.14 – 1.15
Harbour Master Have executive and
operational responsibilities
for marine safety been
clearly assigned?
Satisfactory – the MSMS, Section 2.5 states
that: “Harbour Masters and their Assistants will
support the Marine Operations Manager to
develop the team’s service plans by working in
partnership with colleagues (within and out
with the service) and by taking personal
responsibility for planning how these are
delivered effectively and efficiently”.  Section
2.5 lists specific duties.   
MJS_001 MJS  
Does an officer with
responsibilities for marine
safety attend Board
meetings?
Satisfactory – three times a year, a report is
provided by the Executive Director for Roads
and Infrastructure; major issues are raised to
the Harbour Board.  Evidence from the
Harbour Board meeting of 01 September
2022 identifies reports including the Marine
Asset Management Plan Update, Port Marine
Safety Code Update, Oban Bay Update and
Draft Harbour Board Workplan.     
MJS_006
MJS_007 
https://www.arg
yll-
bute.gov.uk/mo
derngov/ieListM
eetings.aspx?CI
d=567&Year=0 
MJS
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PMSC / GtGP
Reference Subject Evidence Required
For Compliance Evidence of Compliance Recommendation Evidence
Reference Auditor
1.16 – 1.17 The
Organisation’s
Officers
Does the MSMS provide
details of the organisation’s
Officers and their
responsibilities for marine
safety?
Satisfactory – the MSMS, Section 2.3 lists the
responsibilities of the Organisation’s Officers
(including the Head of Roads and Amenity
Services and the Marine Operations
Manager).  Section 2.4 has a sub-heading for
Assistant Harbour Masters.   
Observation – the role of the Technical
Officer(s) for Piers and Harbours could be
usefully included within the MSMS.   
Recommendation – include the role of the
Technical Officer(s) for Piers and Harbours.  
MJS_001 MJS  
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A.2 PMSC Section 2 – Key Measures Needed to Secure Marine Safety
PMSC / GtGP
Reference Subject Evidence Required 
For Compliance Evidence of Compliance Recommendation Evidence
Reference Auditor
2.2 Further
guidance
Does the organisation
review any of the
following:
 MAIB digest / reports
 MCA health check
trends
Satisfactory – the MCA Health Checks trends
was included in the Designated Person’s
briefing note which was tabled at the
02 September 2021 Harbour Board meeting. 
Information from the MAIB and the BPA in the
former of safety circulars are distributed by
the Marine Operations Admin Officer. 
Evidence sighted.   
MJS_009
MJS_010
MJS
2.3 – 2.6 Review existing
powers
Does the Harbour
Authority have an
understanding of local
legislation?
Satisfactory – the Harbour Authority has a
copy of the Craignure 1961 Order, plus a map
with the extent of the harbour limits shown.   
MJS_003
MJS_005
MJS  
Are local Acts and
Harbour Orders
referenced in MSMS?
Non-compliance – the MSMS does not cite
the Craignure 1961 Order, nor are the harbour
limits shown.  
Recommendation – the MSMS must
contain information on the local legislation
for Craignure and expand upon the powers,
duties and responsibilities provided by the
local Acts and Orders.  
MJS_001 MJS  
Have the Harbour
Authority’s existing
powers been reviewed?
Satisfactory – the harbour acts have been
reviewed by A&BC lawyers with an external
review conducted by marine lawyers. 
Recommendations a consolidated Harbour
Act (covering all Argyll and Bute ports,
harbours and marine facilities (excluding
Oban)) has been commenced.   
MJS_047 MJS  
Is the organisation’s
jurisdiction mapped and
clear?
Satisfactory – the ‘Argyll County Council
(Arinagour and Craignure Piers, etc) Order
1961’, Part 4, Section 24(2) sets out the
harbour limits.  This area is mapped by the
Council.   
Observation – the Admiralty Chart, 2389 ‘Loch
Linnhe Southern Part’ and 2390 ‘Sound of
Mull’ does not map the port limits.   
Observation – the MSMS, does not include
information on the Craignure SHA boundary.   
Recommendation – providing the
boundaries to the UK Hydrographic Office
including descriptions from the 1961 Act,
Part 4, Section 24(2) requesting update of
the harbour limits.   
Recommendation – the description for
A&BC’s SHA area at Craignure is included
in the MSMS to match the areas described
in the 1961 Act, Part 4, Section 24(2).  
MJS_003
MJS_005
MJS
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PMSC / GtGP
Reference Subject Evidence Required 
For Compliance Evidence of Compliance Recommendation Evidence
Reference Auditor
2.7 – 2.11 Use of Formal
Risk Assessment
(FRA)
Have risks associated
with marine operations
been assessed and a
means of controlling
them deployed?
Satisfactory – the MSMS, Section 8 describes
the assessment methodology.  A set of 11 risk
assessments are in place for Craignure
harbour, all assessments were in-date at the
time of audit.  Review dates were completed
on 13 September 2022.  The hazard scenarios
cover a range of foreseeable eventualities
based on current harbour activities.   
Non-compliance – Bunessan, Fionnphort and
Iona do not have any operational
marine/navigational risk assessments.   
Non-compliance – a review of marine
hazards and the creation of
marine/navigational risk assessments for
Bunessan, Fionnphort and Iona.  
MJS_001
MJS_004
MJS_011
MJS_012
MJS  
How does the
organisation ensure
those undertaking
marine risk assessment
are competent?
Satisfactory – the Harbour Master has
undertaken a training course for marine risk
completed on 02 March 2021.  Certificate
sighted.   
MJS_013 MJS  
Are stakeholders
included in marine risk
review/assessments?
Satisfactory – risk assessment reviews are
conducted with the Assistant Harbour Master. 
The risk assessment sample identifies that the
Royal Yachting Association (RYA), the Royal
National Lifeboat Institute (RNLI) and the
Clyde Cursing Club were consulted on
selected risk assessments for Craignure.    
MJS_004
MJS_012
MJS   
Non-compliance – the MSMS does not state
the expected review frequency for marine risk
assessments.  The MSMS does state in its
Annexes for each port that: “The Harbour staff
will record all incidents/accidents/near misses
on the Safety Management System (MarNIS).
The reports will be used to review accidents
and incidents, for assessing whether any action
is necessary to reduce the risk of recurrence”.  It
can be concluded that marine risk
assessments are therefore reviewed after
incidents occur, however it does not state that
the risk assessment is updated or re-issued,
Recommendation – the Harbour Authority
requirement for frequency of risk
assessment review is positively stated in the
MSMS for the avoidance of doubt, for
example: Marine Risk Assessment must be
reviewed annually and following an
accident or incident that changes the
specifics of an existing risk assessment.  
MJS_001 MJS
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PMSC / GtGP
Reference Subject Evidence Required 
For Compliance Evidence of Compliance Recommendation Evidence
Reference Auditor
Cont. 
2.7 – 2.11
Cont. 
Use of Formal
Risk Assessment
(FRA)
Cont.   
Does the MSMS
prescribe the review
frequency for risk
assessments?
Cont.   
nor is any review frequency given.  The
MarNIS system provides notification of
assessments which are about to expire, based
on a standard one-year review frequency. 
Users may set their own review frequency.   
MJS_001 MJS  
Is a system of Dynamic
Risk Assessment (DRA)
used?
Satisfactory – a DRA flow diagram has been
prepared and distributed to harbour staff at
Oban, a copy was posted on the notice board.   
Observation – the MSMS does not addresses
the expectations of the Harbour Authority in
respect to DRA.   
Recommendation – the approach to
Dynamic Risk Assessment is defined for
harbour staff.   
MJS_048 MJS
2.12-2.14 Implement a
MSMS
Is there an MSMS?  Does
this incorporate policies
and procedures?  The
MSMS must incorporate
a regular and systematic
review of its
performance.
Satisfactory – A&BC’s Marine Safety
Management System (MSMS) is issued as
version 11, dated May 2020.  A revision
history is included with notes defining
changes made over time.  The MSMS is
presented as a manual and supporting
Annexes for individual ports, harbours and
piers which includes Craignure.   
Observation – the MSMS distribution list
contains names of post holders which is out
of date.   
Observation – the MSMS contains various
sections of national guidance, some of which
is generic in nature and not tailored to
A&BC’s specific circumstances.   
Non-compliance – Bunessan, Fionnphort and
Iona are not included in the MSMS.  The Code
requires that all marine facilities, as a
minimum, are operated with reference to a
proportional MSMS.   
Recommendation – the distribution list
should be reviewed with posts and roles
updated as required.   
Recommendation – the MSMS should be
fully reviewed to remove extraneous
information and provide tailored
procedures to each port, harbour and pier. 
Recommendation – marine activities
relevant to Bunessan, Fionnphort and Iona
are documented in the MSMS.  
MJS_001 MJS
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PMSC / GtGP
Reference Subject Evidence Required 
For Compliance Evidence of Compliance Recommendation Evidence
Reference Auditor
2.15 Key
Performance
Indicators (KPIs)
Does the harbour
authority detail KPIs
and/or make a statement
about performance in
the organisation’s annual
report?
Satisfactory – A&BC’s key performance
indicators for ports and harbours are
identified in the ‘Marine Safety Plan’ as
specific outcomes.   
Observation – the MSMS does not address
port and harbour KPIs.   
Recommendation – a section on KPIs
should be included within the MSMS, with
reference to the expectations of internal
business processes and the ‘Marine Safety
Plan’.  
MJS_001
MJS_002
MJS
2.16 MSMS assigning
responsibility
Does the MSMS explicitly
assign responsibility for
appropriate
safety/conservancy
matters?
Satisfactory – the MSMS, Section 2 ‘Key
Personnel and Responsibilities’ assigns
responsibility for safety and conservancy to
key post holders in the Harbour Authority.   
MJS_001 MJS
2.17 MSMS
Consultation
Are forum/consultation
meetings held? 
Non-compliance – the MSMS Section 4
addresses ‘Consultation’, with sections on
consultation policy, statutory consultation and
consultation with interested parties.  The
MSMS does not provide information on the
consultation process in place for Craignure,
Bunessan, Fionnphort or Iona.  
Recommendation – organise and run
regular user consultation meetings, record
meeting minutes and outcomes.    
n/a MJS
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PMSC / GtGP
Reference Subject Evidence Required 
For Compliance Evidence of Compliance Recommendation Evidence
Reference Auditor
2.18 Competence
standards
Are personnel qualified
and trained for their
marine safety role?   
Satisfactory – Craignure, Bunessan, Fionnphort
and Iona have no onsite A&BC staff.  The
harbour master team from Oban provides this
function.  With respect to evidence of
competency standards for these staff, two MS
Excel files are maintained, the first is titled
‘Harbour Training Matrix 2021’ the second is
titled ‘training records’.  The training matrix
identifies the Essential, Required,
Advantageous and Not Required training. 
The training records identifies staff by location
with dates against qualifications held.   
Observation – the matrix does not include the
roles of the Duty Holder, the Marine
Operations Manager, Technical Officers,
Senior Pier Operatives and the Marine
Operations Admin Officer.  The training record
files does hold a ‘HQ and Others’ worksheet. 
Observation – it is not clear what the terms
‘Essential’ and ‘Required’ mean on the matrix. 
Observation – the training matrix identifies
roles and named individuals.   
Observation – the MSMS, Section 6.3 states
that: “The ARGYLL & BUTE HARBOUR BOARD
will maintain a training matrix for all staff and
the respective line managers are responsible
for keeping it up-to-date”.  The training matrix
is maintained by the Marine Operations
Admin Officer, with notification of training
completed provided by Harbour Masters.   
Recommendation – that all roles are
identified in the matrix to ensure it
documents all job roles with a remit for
delivering marine safety functions for the
Harbour Authority.   
Recommendation – provide definitions for
the terms used on the matrix for the
avoidance of doubt.   
Recommendation – considering if names
are required against roles in the matrix.   
Recommendation – review the wording and
process in the MSMS Section 6.3 to ensure
it operates as required.  
MJS_001
MJS_014
MJS_015
MJS
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PMSC / GtGP
Reference Subject Evidence Required 
For Compliance Evidence of Compliance Recommendation Evidence
Reference Auditor
Cont. 
2.18
Cont. 
Competence
standards
Is there a policy on
revalidation or
maintenance of
qualifications in place?
Satisfactory – the MSMS, Section 6.1 is titled
‘Argyll and Bute Council Training Policy’.  The
bullet pointed items in the training policy are
considered to be comprehensive.   
Observation – it is not clear if the ‘policy’
within the MSMS has been approved by the
Harbour Board and Duty Holder, nor is it clear
at what frequency this policy is reviewed.   
Recommendation – the policy is separated
from the body of the MSMS manual and
presented as part of a policy pack.  
MJS_001 MJS  
Is there a list of the
organisation’s staff,
training received,
qualifications held
and/or experience
required for their role?
Satisfactory – the Marine Operations Admin
Officer maintains a central record of training. 
Individual staff are identified with dates of
training and certification held in
day/month/year format.  Harbour Master
keeps a local record of all staff training.   
Observation – where training has been
undertaken by the Council, the Marine
Operations Admin Officer maintains course
certification.  Where qualifications were
already held by the individual or completed
locally, the Harbour Master holds the
certification.     
Observation – the training records do not
clearly lay out the date taken and expiry date
for qualifications   
Recommendation – that the Council
considers carrying out an audit of
certification required to be held by staff
and updates its central records accordingly. 
Recommendation – adding date taken and
expiry date (named columns) to training
records.  
MJS_001
MJS_014
MJS_015
MJS
2.19 – 2.22 Incident
reporting and
investigation
Does the MSMS identify
the organisation’s
instruction regarding:
 reporting
 recording of incidents
 investigation
 enforcement (if
relevant). 
Satisfactory – the MSMS Section 3.6 details
the process to follow should an incident
occur, this addresses reporting.  The MSMS
Section 9.2, 9.3, 9.6 and 9.7 details incident
procedures and investigation.  There are no
incidents recorded for Craignure (noting that
the database commences in 2017).  Records
evidenced.   
Non-compliance – there is no structured
method for recording incident records for
Bunessan, Fionnphort and Iona.  Information
from audit identifies that no incidents have
been reported.   
Recommendation – a method of recording
incidents, investigations and outcomes
should be put in place for Bunessan,
Fionnphort and Iona.   
MJS_016
MJS_017
MJS
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PMSC / GtGP
Reference Subject Evidence Required 
For Compliance Evidence of Compliance Recommendation Evidence
Reference Auditor
GtGP 13.2 Incidents
involving Death
or Crime
Are procedures in place
for incidents involving
death or crime?
Satisfactory – the MSMS Section 9.8 details
actions to be taken in the event of death or
crime.   
MJS_001 MJS
GtGP 13.9 Incident
publication
Does the Harbour
Authority disseminate
information from
accident investigations?
Satisfactory – incident reports are distributed
to the Scottish Environment Protection
Agency (SEPA) and the Maritime and
Coastguard Agency (MCA), the MSMS, Section
3.7.1 identifies MCA reporting requirements.   
MJS_001 MJS
2.23 Incident
statutory
reporting
Are procedures for
reporting incidents to
the MAIB in place?
Satisfactory – the MSMS Section 9.10 details
statutory reporting requirements, including
the Marine Guidance Note (MGN) 564
‘Incident reporting and investigation’.  There
have been no MAIB reportable incidents
within A&BC’s SHA since MarNIS records
commenced in 2017.   
MJS_001
MJS_017
MJS
2.24 Monitoring
performance
and auditing
Has the MSMS been
subject to audit (internal
and/or external)?
Satisfactory – the last external audit of the
MSMS was conducted in October 2018 at:
Campbeltown, Oban, Port Beag, Cuan Ferry
Slip and Easdale Ferry.  The last internal audit
was carried out at Oban in August 2022.   
Observation – whilst there are system audits
of the MSMS, it is not clear if Craignure,
Bunessan, Fionnphort and Iona have been
included in a cyclic audit of unstaffed marine
facilities.   
Recommendation – the development of an
internal audit schedule that includes
unstaffed marine facilities.  
MJS_019
MJS_020
MJS_021
MJS_022
MJS
2.25 Enforcement Are local officers aware
of enforcement powers
and responsibilities?
Satisfactory – the MSMS Section 9.12 provides
the enforcement procedure.   
Observation – text within the MSMS provides
outline requirements.  There are no specific
processes in place for Craignure with respect
to enforcement or prosecution.  This links to
topics of duties and powers, local legislation
and byelaws.   
Recommendation – the development of
Craignure specific information and/or
processes for enforcement and
prosecution.  
MJS_001 MJS  
Is there a policy on
enforcement and
prosecution in place?
Satisfactory – the MSMS, Section 9.11 is titled
‘Enforcement Policy’.   
Observation – it is not clear if the ‘policy’
within the MSMS has been approved by the
Harbour Board and Duty Holder, nor is it clear
at what frequency this policy is reviewed.   
Recommendation – the policy is separated
from the body of the MSMS manual and
presented as part of a policy pack.  
MJS_001 MJS
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PMSC / GtGP
Reference Subject Evidence Required 
For Compliance Evidence of Compliance Recommendation Evidence
Reference Auditor
2.26 Publication of
plans and
reports
Does the organisation
commit itself to
developing policies and
procedures to satisfy the
requirements of the
Code? 
Satisfactory – this requirement is evidence
through the publication of PMSC policy and
plans on the Council’s website. 
https://www.arg
yll-
bute.gov.uk/mar
ine-safety-
management-
system 
MJS
2.27 Plan assessment Is an assessment of the
organisation’s
performance against the
plan published?
Non-compliance – the ‘Marine Safety Plan’ for
the years 2018 to 2020 (the previous plan) has
not been assessed and the Organisation’s
performance published.  
Recommendation – a review of the
previous plan for the years 2018 to 2020 is
assessed and published.  
n/a MJS
2.28 Safety plan for
marine
operations
Is a ‘Safety Plan for
Marine Operations’
published (every three
years).   
Satisfactory – a signed and issued ‘Marine
Safety Plan’ approved by the Harbour Board
on 04 March 2021 is hosted on the Council’s
website.  The plan covers the years 2021 to
2023.   
MJS_002 MJS
2.29 Consensus Has the Harbour Board
maintained consensus
with harbour users?
See response in this Audit report, Section 2.17
on Consultation.     
n/a MJS
2.30 – 2.32 Monitoring
compliance
Has the Harbour
Authority confirmed
compliance with the
PMSC for the port to the
MCA within the last three
years?
Satisfactory – the Council wrote to the MCA
on 10/03/21 to confirm its current state of
compliance with the Code.  Letter evidenced. 
The DfT list of ports reporting compliance
does not include A&BC ports, harbours or
marine facilities.  This position has been taken
by the DfT, guidance by the MCA, as the
Council has confirmed it is not compliant at
the time of writing the letter but was working
towards full compliance in a number of key
areas, including: legislation review and
update, policy review, MSMS documentation
and creation of Standard Operating
Procedures (SOPs). 
MJS_023 
https://www.go
v.uk/governmen
t/publications/p
ort-marine-
safety-code-
compliant-
ports/port-
marine-safety-
code-
compliant-
ports-list 
MJS
GtGP 2.2.3
(also, Code
Executive
Summary)
Monitoring
compliance
Has the Harbour
Authority confirmed all
organisations with its
jurisdiction comply with
the requirements of the
Code?
Satisfactory – there are no other
Organisations within the Craignure SHA area
operating marine facilities.   
n/a MJS  
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A.3 PMSC Section 3 – General Duties and Powers
PMSC / GtGP
Reference Subject Evidence Required 
For Compliance Evidence of Compliance Recommendations Evidence
Reference Auditor
3.1 – 3.4 Safe and
Efficient Port
Operations
Does the Duty Holder have
regard to efficiency,
economy and safety of
operation in respect to the
services and facilities
provided?
Satisfactory – a commitment to ‘safe and
efficient’ port operations is made in the MSMS
within the hydrographic policy and within
individual port, harbour and Pier Annexes. 
Checking of the pier and breakwater is part of
the pier asset inspection regime.   
MJS_001 MJS
3.5 Open port duty Is the port or harbour
subject to Open Port Duty’?
Satisfactory – Craignure operates on the
premise that an Open Port Duty under Section
33 of the ‘Harbours, Docks and Piers Clauses
Act 1847’ is in place.  Bunessan, Fionnphort
and Iona are not subject to Open Port Duty. 
MJS_001
MJS_005
MJS
3.6 – 3.6 Conservancy
duty
How does the harbour
authority conserve the
harbour?:
 Survey as necessary
 Place navigation marks
 Keep ‘vigilant watch’ for
any seabed changes
 Keep hydrographic
records
 Ensure hydrographic
information is published
 Update UKHO.  
Satisfactory – the MSMS, Section 10, details
the Harbour Authority’s approach to
conservancy.  This includes conservancy duty,
hydrographic survey policy, dredging, Aids to
Navigation (AtoN), wreck removal, dangerous
vessels and licensing marine works.  The last
bathymetric survey at Craignure was
conducted on 02 November 2021, the
30 May 2017 at Fionnphort, and
09 November 2020 at Iona.  Information was
passed by the survey contractor to UKHO. 
Observation – there have been no
bathymetric surveys of Bunessan.  The MSMS,
in Section 10 ‘conservancy’ and Section 10.3
‘Hydrographic Policy’ commit to undertaking
such hydrographic surveys as are necessary
for safe and efficient navigation and to
provide port users with up-to-date and
accurate hydrographic information.  As such,
the absence of survey information for
Bunessan is considered to be a non-
conformity with A&BC’s hydrographic policy.   
Recommendation – the policy on
hydrographic survey is applied and
bathymetric surveys conducted at Bunessan
with the information shared with marine
facility users.  
MJS_001
MJS_016
MJS_017
MJS_024
MJS
3.7 Updates
provided to
UKHO
Does the organisation have
an Agreement with UKHO,
and/or do they provide
survey information to
UKHO?
Satisfactory – a bilateral agreement between
A&BC and the UKHO is in place, dated
17 March 2017.   
MJS_025
MJS_026
MJS
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PMSC / GtGP
Reference Subject Evidence Required 
For Compliance Evidence of Compliance Recommendations Evidence
Reference Auditor
GtGP 1.9.11,
and 7.8
Licensing,
Regulating
Harbour Works
and Dredging?
Does the harbour authority
have the power to licence
works?  
Satisfactory – there is no evidence that A&BC
as Harbour Authority at Craignure has any
powers to licence marine works under its local
Acts and Orders.  There is no licence held for
the disposal of dredged material at sea.   
MJS_005 MJS
3.8 Environmental
duty
Does the Organisation
understand its obligations:
 Nature conservation
Section 48A of Harbours
Act 1964
 Obligations for SPA, SACs
under Habitat Regs.  
 the Nature Conservation
(Scotland) Act 2004
Satisfactory – the MSMS, Section 11 is titled
‘Environmental Policy’ and Section 11.1.1
which provides four bullet points on plans,
procedures and policies.  Information
regarding Craignure and its local habitat is
contained in the Oil Pollution Response plan.   
Observation – the environmental policy lacks
detail on how the obligations of the Harbour
Authority under national legislation is
delivered.   
Observation – practical measures for applying
the policy (in terms of procedures) are not
evident from the MSMS.   
Observation – training for staff on
environmental duties and associated policy
and procedures is not in place.   
Recommendation – the policy is separated
from the body of the MSMS manual and
presented as part of a policy pack with
improved information linking to obligations
under national legislation. 
Recommendation – develop procedures
and link to staff training to implement
environmental policy.   
Recommendation – development of a
standardised environmental training
delivery for port, harbour and pier
employees.  
MJS_001
MJS_030
MJS
3.9 Civil
Contingency
Duty 
Does the MSMS include
reference to the Harbour
Authority’s obligations as a
Category 2 responder? 
Satisfactory – the MSMS includes reference to
Civil Contingency duties within supporting
port, harbour and pier Annexes.   
MJS_001 MJS
GtGP 6.2.4,
6.5
Emergency
Planning /
Pollution
control
Does the MSMS include
emergency planning and oil
pollution response?
Satisfactory – an Oil Pollution Response Plan
is in place, which was approved by the MCA
on 04 December 2018 and is valid until the
27 November 2023.  The annual OPRC return
form was evidenced.  A&BC maintain a Critical
Activity Recover Plan (CARP) which
incorporates the Council’s Civil Contingency
duties.   
MJS_027
MJS_046
MJS
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PMSC / GtGP
Reference Subject Evidence Required 
For Compliance Evidence of Compliance Recommendations Evidence
Reference Auditor
Cont. 
GtGP 6.2.4,
6.5
Cont. 
Emergency
Planning /
Pollution
control
Does the port/harbour carry
out emergency plan
exercises?
Satisfactory – a training exercise for oil
pollution was carried out for A&BC in
Campbeltown on 23 November 2021, as
operation ‘Smerby’.  Evidence provided.  In
addition, locally, the Harbour Master has kit
musters and drills prior to each season with
seasonal staff.  Staff also practised replacing a
contaminated boom with a clean boom whilst
keeping any oil entrapped.   
Observation – annual exercises of both the Oil
Pollution Response Plan and the Emergency
Plan at Craignure would be beneficial to
schedule.   
Recommendation – the production of a
yearly planner to detail emergency
exercises.  
MJS_031
MJS_032
MJS
3.10 – 3.11 Harbour
Authority
Powers review
Has the Harbour Authority
reviewed its powers?
See the audit report response in Section 2.3 –
2.6.   
n/a MJS
3.12 – 3.14 Revising Duties
and Powers
Evidence of Harbour
Revision Orders, or Harbour
Closure.  
Satisfactory – the last HRO was made in 1961. 
The need for a revision to bring all ports,
harbour, piers and marine facilities into a
common and modern format has been
commenced.   
MJS_047 MJS 
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A.4 PMSC Section 4 – Specific Duties and Powers
PMSC / GtGP
Reference Subject Evidence Required 
For Compliance Evidence of Compliance Recommendations Evidence
Reference Auditor
4.2 Appointment of
Harbour Master
Is there a Harbour Master
appointment for the port?
Satisfactory – the MSMS identifies the
Harbour Master’s role by name.   
Observation – at the time of audit there was
no evidence of an appointment letter for the
statutory role of Harbour Master or Deputy
Harbour Master for Craignure.   
Recommendation – consider issuing a letter
of appointment for statutory roles, separate
to normal Human Resource (HR) letters.  
MJS_001 MJS
4.3 – 4.5 Byelaws Does the organisation have
powers to make Byelaws,
are these published?
Not applicable – evidence does not support
the powers to make Byelaws at Craignure. 
These powers are not identified in the 1961
Order.  Bunessan, Fionnphort and Iona are
marine facilities and not subject to powers
available to a harbour authority.   
MJS_005 MJS  
Date of last byelaw review? Not applicable – no Byelaws are known to be
issued.   
n/a MJS
4.6 – 4.7 Special
Directions
Are the Harbour Master’s
powers of Direction shown
in the MSMS, how is
delegation identified?
Satisfactory – the MSMS, Section 5.1.3.2, deals
with the topic of Special Direction as a high
level description stating: “Ports will monitor
vessel movements to ensure compliance with
all relevant bye-laws and General or Special
Directions as well as Pilotage Directions and,
where applicable, Local Notices to Mariners”.   
Observation – the MSMS Annex on Craignure
does not provide information on how powers
of Special Direction are used for controlling
vessel movements.   
Recommendation – the MSMS Annex on
Craignure should be expanded to include a
procedure for issuing Special Directions.  
MJS_001 MJS
4.8  General
Directions
Are the powers of General
Directions available to the
Harbour?
Not applicable – evidence does not support
powers of General Direction at Craignure. 
These powers are not identified in the 1961
Order.  Bunessan, Fionnphort and Iona are
marine facilities and not subject to powers
available to a harbour authority.   
MJS_005 MJS  
When were General
Directions last reviewed?
Not applicable – powers of General Direction
are not available.   
n/a MJS
4.9 Harbour
Directions
Are Harbour Directions
used and published?
Not applicable – Harbour Directions have not
been applied for.   
n/a MJS
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PMSC / GtGP
Reference Subject Evidence Required 
For Compliance Evidence of Compliance Recommendations Evidence
Reference Auditor
4.10
GtGP 6.4
Dangerous
Vessels
Does the MSMS (or other
plan) make provision for
giving directions to
dangerous vessels?
Satisfactory – the Harbour Master has powers
at Craignure (but not Bunessan, Fionnphort or
Iona) under the Dangerous Vessels Act 1985. 
This is laid out in the MSMS, Section 10.4.4.   
Observation – information relating to the
expected action for the Harbour Master in
respect of a dangerous vessel should be laid
out as a procedure.   
Recommendation – the creation of a
Standard Operating Procedure based
around actions a Pier or Harbour Master
should take in respect of a dangerous
vessel.  
MJS_001 MJS  
Is the role of the SOSREP
acknowledged?
Satisfactory – the ‘Secretary of State’
overruling the Harbour Master’s direction is
acknowledged in the MSMS, Section 5.1.3.4   
Observation – the term SOSREP is not
included in the MSMS.   
Recommendation – the term SOSREP
should be included with an explanation of
the role and how this operates in the UK.  
MJS_001 MJS
GtGP 6.2 Dangerous
Substances
Are there clear
requirements for
declaration of dangerous
goods/substances? 
Satisfactory – the declaration of dangerous
goods and substances is detailed in the
MSMS, Section 5.1.3.6.  The Council’s website
contains reporting forms for the declaration of
dangerous goods.   
Observation – the MSMS states that:
“Dangerous Substances in Harbour Areas
Regulations (DSHAR) 2016”.  The current
regulations are the ‘The Dangerous Goods in
Harbour Areas Regulations 2016 (DGHAR)’.   
Recommendation – updating the MSMS to
the latest regulation and acronym.  
MJS_001
MJS_042
MJS_043
MJS
GtGP 8.4 Vessel Traffic
Management
Is vessel traffic managed
within the port area, how is
this achieved? 
Satisfactory – vessel traffic self-manages
within Craignure with the regular ferry service
following its passage plan o, and from the
pier.  As marine facilities, Bunessan,
Fionnphort and Iona do not have harbour
jurisdictions requiring vessel traffic
management.   
Observational MJS  
Is vessel traffic monitoring
information passed to the
MCA by the quickest
means?  
Satisfactory – the Council has a CERS login,
however there is no evidence of CERS
reporting given the traffic type using
Craignure, Bunessan, Fionnphort and Iona.   
n/a MJS
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PMSC / GtGP
Reference Subject Evidence Required 
For Compliance Evidence of Compliance Recommendations Evidence
Reference Auditor
Cont. 
GtGP 8.4
Cont. 
Vessel Traffic
Management
Has the need for VTS/LPS
been reviewed recently?  
Satisfactory – the current method of vessel
traffic management has been arranged to
meet the demands of harbour use.  The
formal risk assessment for vessel traffic
management is a strategic action in the
Marine Safety Plan and is dated for
completion by 2023.  This strategic action
references MGN 401, (MCA, 2022).   
Observational MJS
GtGP 13.2.2 Drink and drugs Do staff know what to do if
they suspect that a mariner
(master, pilot, seaman) has
committed an offence
whilst on duty? 
Satisfactory – the MSMS references the
Railways and Transportation Safety Act
(RATSA) 2003.  The MSMS, Section 9.8 also
references actions to take if a crime has been
committed.  The Council also has a Drink and
Drugs Policy for its own staff.    
MJS_001 MJS
4.11 
GtGP 9.0
Pilotage Is the port a CHA? Not applicable – the Organisation is not a
Competent Harbour Authority.   
n/a MJS  
Has the requirement for
pilotage been reviewed?
Satisfactory – A&BC’s harbour operation at
Craignure does not handle vessels of
sufficient size to require a Pilotage Service. 
None of the risk assessments for the harbour
identify the need for a Pilotage Service.   
MJS_011
MJS_012
MJS
4.12
GtGP 9.4
Pilotage
Directions
Are Pilotage Directions
issued?
Not applicable – the Organisation is not a
Competent Harbour Authority.   
n/a MJS
4.12
GtGP 9.4
Pilotage
Directions
Were stakeholders
consulted during the
drafting phase of the most
recent Pilotage Direction?
Not applicable – the Organisation is not a
Competent Harbour Authority.   
n/a MJS
4.13 
GtGP 9.4
Authorisation of
pilots
Is the process for
appointing Pilots
referenced in the MSMS?  
Not applicable – the Organisation is not a
Competent Harbour Authority.   
n/a MJS
4.14
GtGP 9.4.31
Pilot Training Does the CHA implement
the International Maritime
Organisation (IMO)
resolution A960? 
Not applicable – the Organisation is not a
Competent Harbour Authority.   
n/a MJS
GtGP 9.5.43 Pilotage Does the authority operate
an effective Pilot Fatigue
Management System?
Not applicable – the Organisation is not a
Competent Harbour Authority.   
n/a MJS
4.15 – 4.16
GtGP 9.5
Pilot Exemption
Certificates 
Is a clear process for the
issuing of PECs published?
Not applicable – the Organisation is not a
Competent Harbour Authority.   
n/a MJS  
Are the requirements
equivalent to those for an
authorised pilot?
Not applicable – the Organisation is not a
Competent Harbour Authority.   
n/a MJS
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PMSC / GtGP
Reference Subject Evidence Required 
For Compliance Evidence of Compliance Recommendations Evidence
Reference Auditor
GtGP 8.7.15 –
8.8.10
Port Passage
Plan
Is there a published
passage plan?
Satisfactory – information for Craignure is
included in the Admiralty List of Radio Signals
(ALRS), Volume 6.    
ALRS, Volume 6 MJS
GtGP 8.10 Recreational
navigation
Are recreational users of
the harbour considered?
Satisfactory – information is published on
A&BC website providing contact information
and harbour specifics.  Iona slipway
information links to the CalMac webpage. 
Bunessan is listed, with limited information
shown.   
Observation – Fionnphort does not have any
information on the A&BC ‘Piers and Harbours’
website.   
Recommendation – consider making an
entry for Fionnphort on the A&BC ‘Piers
and Harbours’ website.  
https://www.arg
yll-
bute.gov.uk/mid
-argyll-kintyre-
and-
islay/craignure-
pier
MJS
4.17 – 4.20 Collecting Dues Are dues clearly defined? Satisfactory – charges (including dues) are laid
out on the Council’s website.  The process for
setting charges uses a benchmarking exercise
with other local ports.  Charges are increased
at the rate of inflation.   
https://www.arg
yll-
bute.gov.uk/fee
s/22/piers 
MJS
4.21-4.23 Aids to
Navigation
Are defects and
rectification of defects
recorded?
Satisfactory – as the Local Lighthouse
Authority (LLA) the following Aids to
Navigation are maintained at Craignure. 
 2x CAT 2: Fixed Red Lights (vertical) leading
lights (240° True).   
MJS_001 MJS
4.24 GLA returns Are returns made to the
GLA?
Satisfactory – the LATON three-year return for
A&BC identifies the availability return values
for the period April 2019 to April 2022 as: 
 Cat 2 = 99.84% (target is 99%)
 Cat 3 = 100% (target is 97%) 
Provision and maintenance of Aids to
Navigation is recognised as an area of best
practice.   
MJS_044 MJS
4.25-4.32 Wrecks,
Abandoned or
unserviceable
vessels
Does the MSMS refer to
powers for dealing with
wrecks?
Satisfactory – the MSMS addresses wrecks
within the Conservancy section.  Removal of
wreck from Craignure Bay (Oct/Nov 2022)
evidenced.   
Observation – the MSMS does not contain
specific information on dealing with wrecks,
derelict or abandoned vessels.   
Recommendation – the topic of wrecks,
derelict and abandoned vessels is covered
by a Harbour Authority procedure.  
MJS_001
MJS_029
MJS
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PMSC / GtGP
Reference Subject Evidence Required 
For Compliance Evidence of Compliance Recommendations Evidence
Reference Auditor
GtGP
9.4.17 -9.4.21 
Pilot Launches  Do pilot boats meet
statutory requirements and
appropriate Codes?
Not applicable – the Organisation is not a
Competent Harbour Authority and therefore
has no requirement to operate a pilot boat.   
n/a MJS
GtGP - 10 Towage
Operations
Does the organisation
produce towage
guidelines?
Satisfactory – the MSMS, Section 13.1.1.6
addresses towage.   
Observation – the section on towage
addresses Campbeltown only.  There is no
comment on towage (either routine or non-
routine) at other A&BC ports, harbours or
piers.   
Recommendation – drafting of appropriate
towage guidelines for all A&BC ports,
harbours or piers.  
MJS_001 MJS  
Is there a process for
approving towage
providers?
Not applicable – there are no towage
providers in Craignure Harbour.   
n/a MJS  
Are non-routine tows pre-
approved / managed by
the organisation?
Satisfactory – the MSMS, Section 13.1.1.6
addresses towage.   
MJS_001 MJS
GtGP 1.9.11 Licensing
Harbour Tugs?
Does the harbour authority
have the power to licence
tugs?  
Not applicable – there are no known powers
to licence tugs.   
n/a MJS
GtGP - 10.4 Diving
Operations
(commercial)
Is there a process for
managing commercial
diving?
Satisfactory – the MSMS, Section 13.1.1.7
addresses commercial diving in the harbour. 
A ‘Permission to Dive Permit’ for 17 June 2021
for Iona and 24 May 2022 for Craignure were
evidenced.   
MJS_001
MJS_034
MJS_035
MJS
GtGP - 10.4 Diving
Operations
(recreational)
Is there a process for
managing recreational
diving?
Not applicable – there is no history of
recreational diving.   
n/a MJS
GtGP - 6.7.3 Hot Work
Permits
Is there a process for
managing Hot Works?  
Satisfactory – the MSMS, Section 13.1.1.2
under ‘Mooring Operations’ states that:
“Where appropriate permission to undertake
Hot Work is required for any burning, welding,
flame cutting, heating by blow torch and
brazing, when it is being done outside the
engine room of a vessel.  All hot work activities
carried out by third parties and other
contractors in the port is controlled by a “Hot
Work Permit”.  There is no history of using the
‘Hot Work Permit’ at Craignure, Bunessan,
Fionnphort or Iona.   
MJS_001 MJS
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PMSC / GtGP
Reference Subject Evidence Required 
For Compliance Evidence of Compliance Recommendations Evidence
Reference Auditor
GtGP – 6.7.3 Bunkering Is there a process for
managing Bunkering?  
Satisfactory – the MSMS, Section 13.1.1.4
states that: “Bunkering may take place within
Harbour areas with approval of the Harbour
Master or his/her Assistant and Bunkering
Operations will follow an Approved Bunkering
Procedure provided by the Bunker Fuel
Supplier”.  The only bunkering activity
undertaken is at Craignure where CalMac
vessels are bunkered by tanker on the vessel
(using the vessel’s own check list and
procedures).     
MJS_001 MJS
GtGP – 11.3,
11.4
Regulation of
Port Craft, Pilot
Launches and
Workboats
Does the Authority have a
procedure for regulating
port craft?
Satisfactory – the MSMS, Section 13.1.1.5 has
a detailed section on the expectations for
Boat Licensing.   
Observation – there is currently no method of
obtaining assurance that craft working
commercial (i.e., not Council contracted
activities) are operating their vessels in
accordance with relevant MCA codes.   
Recommendation – the Harbour Authority
considers the requirements of the Code
and GtGP (Section 11.3, 11.4) with respect
to regulating third party commercial
workboats and launches within its area of
jurisdiction and creates a registration
scheme for workboats using the Authority’s
area.
MJS_001 MJS  
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B Quayside Checks
Visual observation of the harbour and marine facilities are Craignure, Bunessan, Fionnphort and Iona were undertaken on Thursday 29 September 2022.   
B.1 Craignure
Reference Subject Evidence Required 
For Compliance Observation Recommendations Auditor
PMSC 3.0
GtGP 8.11.19
ACOP 207-208
SIP 014
Access Is the quayside and its access
locations clear of debris and
obstructions?
Satisfactory – the Craignure Pier was free from
debris and trip hazards.  There was good signage
for the jetty. 
HJA/SRB
Pedestrian/Disabled access for
passengers or leisure users?
Satisfactory – pedestrian walkways were clearly
marked. 
HJA/SRB
Is the type and condition of
quayside surface appropriate
to the operation?
Satisfactory – the pier was in generally good
condition and surface is appropriate to its intended
use. 
HJA/SRB
ACOP 211-223
SIP 014
Rescue and
Lifesaving
equipment (LSE) at
the water’s edge
Is there appropriate means of
egress from the water?
Satisfactory – access and egress ladders were
installed at appropriate distances along the pier. 
HJA/SRB
Is there appropriate LSE at
quay edge?
Satisfactory – adequate lifesaving equipment (life
rings) were installed along the pier. 
Observation – some of the ladders do not continue
below the waterline.  See Image B1. 
Observation – some ladders located at the pier end
were missing handrails and/or grab loops at
deck/cope level. See Image B2.   
Recommendation – ladders should be replaced
with ones that extend to at least 1 m below the
low water mark. 
Recommendation – ladders with missing
handrails or grab looks should have these fitted
to assist ladder users reach the pier deck.   
HJA/SRB
SIP 005 Bollards and
securing
equipment
Does the general condition of
bollards appear to be in good
order?
Satisfactory – in the opinion of the auditor, the
mooring bollards appeared to be well maintained
and painted yellow.  All mooring equipment
observed to be in good condition. 
HJA/SRB  
Are the bollards numbered
and Safe Working Load (SWL)
shown?
Satisfactory – the bollards were all marked with
SWL. 
Observation – there was no (obvious) numbering of
the mooring bollards. 
Recommendation – bollards should be
numbered for ease of identification.
HJA/SRB  
Are additional bollards/rings
required?
Satisfactory – in the opinion of the auditor, ample
mooring bollards on the pier are provided.     
HJA/SRB
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Reference Subject Evidence Required 
For Compliance Observation Recommendations Auditor
SIP 005 Fenders Is the fendering appropriate to
the vessel being handled?
Satisfactory – fendering on the pier is fixed and
observed to be in good condition.  Fendering was
suitable for the vessels being used. 
HJA/SRB
Is the condition of the
fendering in good order?
Satisfactory – pier fendering observed to be in
good condition. 
HJA/SRB
Are chaffing plates used? Satisfactory – chaffing plates and/or wood sections
were in use along the pier edge.   
HJA/SRB
ACOP 232-235
SIP 005
SIP 014
Lighting Is lighting appropriate and
appear to be in compliance
with ACOP ‘safety in docs’ and
the PFSP?  
Satisfactory – lighting units were installed around
the pier and were considered sufficient for
operations (note, the onsite checks were carried out
in daylight, lighting at night was not seen). 
HJA/SRB
ACOP 58-60 Layout Is adequate separation
delineated between quayside
operations?
Satisfactory – the ferry passengers follow a marked
footpath, separate from pier operations.   
HJA/SRB
ACOP 82 Signage Is appropriate signs and
markings provided
Satisfactory – signage was evident throughout the
pier and entrance to the pier. 
HJA/SRB 
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Image B1. Craignure, ladder does not extend below waterline  Image B2. Craignure, ladder with missing handrails or grab loops 
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B.2 Bunessan
Reference Subject Evidence Required 
For Compliance Observation Recommendations Auditor
PMSC 3.0
GtGP 8.11.19
ACOP 207-208
SIP 014
Access Is the quayside and its access
locations clear of debris and
obstructions?
Observation – housekeeping was considered to be
poor.  There were disused ropes hanging off the
pier and there was a substantial amount of stored
and/or abandoned fishing equipment, ropes, pots
and other fishing items along the pier.  See
Image B3. 
Observation – obsolete (rusting) metal lifting
equipment fixed to the pier presented a trip hazard. 
See Image B4.
Recommendation – users of the pier and harbour
staff should remove unused items, dispose of old
fishing gear in a responsible manner and provide
housekeeping to ensure the pier can be used
free of trip hazards.  Any ropes or unwanted
fishing gear can become an entrapment hazard
for wildlife, pier users and contribute to ghost
fishing1.   
Recommendation – lifting equipment should be
removed if no longer in use. 
HJA/SRB
Pedestrian/Disabled access for
passengers or leisure users?
Satisfactory – the pier had no clearly marked
walkways, but it was considered not required as the
pier is not used routinely by members of the public.   
HJA/SRB
Is the type and condition of
quayside surface appropriate
to the operation?
Satisfactory – the pier had clear access approaching
it, the road surface was in reasonable condition but
did have isolated potholes. 
HJA/SRB
ACOP 211-223
SIP 014
Rescue and
Lifesaving
equipment (LSE) at
the water’s edge
Is there appropriate means of
egress from the water?
Satisfactory – the pier had adequate numbers of
ladders and stairs from the pier. 
Observation – steps were not accessible due to
ropes and other debris impeding access on the
pier.  See Image B3. 
Observation – the handrail located along the pier
edge was very loose. 
Observation – ropes and tires were tied to ladders
impeding use.  See Image B5 . 
Recommendation – clear pier of debris to allow
access to and from ladders and stairs. 
Recommendation – the handrail should be re-
secured firmly to the pier edge. 
Recommendation – clear all ropes and
obstructions from ladders. 
HJA/SRB
Is there appropriate LSE at
quay edge?
Satisfactory – the pier had adequate numbers of life
rings fitted to the handrails. 
Observation – one life ring was found to be in a
deteriorated state.  See Image B6. 
Recommendation – inspection and renewal of
the life ring and the commencement of a regular
inspection regime.  
HJA/SRB 
1  Discarded, lost, or abandoned, fishing gear in the marine environment which contributes to boat damage and death of wildlife through entrapment.  
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Reference Subject Evidence Required 
For Compliance Observation Recommendations Auditor
SIP 005 Bollards and
securing
equipment
Does the general condition of
bollards appear to be in good
order?
Satisfactory – in the opinion of the auditor the
bollards and rings appeared to be appropriate to
the size of vessels using the pier and in an
adequate state of repair.   
Observation – the bollards and rings may present a
trip hazard. 
Recommendation – that bollards and mooring
rings, or area around the mooring rings at the
pier are painted in a bright colour to aid their
identification.  
HJA/SRB  
Are the bollards numbered
and Safe Working Load (SWL)
shown?
Observation – there was no (obvious) SWL for
bollards. 
Observation – there was no (obvious) numbering of
the mooring bollards.
Recommendation – bollards should be marked
with their SWL. 
Recommendation – bollards should be
numbered for ease of identification.
HJA/SRB  
Are additional bollards/rings
required?
Satisfactory – in the opinion of the auditor, ample
bollards and rings are installed along the pier which
are considered to be appropriate for the size of
vessel being handled. 
HJA/SRB
SIP 005 Fenders Is the fendering appropriate to
the vessel being handled?
Observation – fendering on the pier edge was
observed to be deteriorated and potentially in need
of replacement.  See Image B7. 
Recommendation – review pier edge wooden
protection to consider if replacement is required.  
HJA/SRB
Is the condition of the
fendering in good order?
Observation – fendering on the pier was considered
to be inadequate, vessel owners had provided
temporary and makeshift protection.  
Recommendation – review the fendering
arrangements and consider fitting protective
measures, for example, fixed rubber sections.  
HJA/SRB
Are chaffing plates used? Not Applicable – no chaffing plates seen.  HJA/SRB
ACOP 232-235
SIP 005
SIP 014
Lighting Is lighting appropriate and
appear to be in compliance
with ACOP ‘safety in docs’ and
the PFSP?  
Satisfactory – light units were installed around the
pier and were considered sufficient for operations
(note, the onsite checks were carried out in
daylight, lighting at night was not seen). 
HJA/SRB
ACOP 58-60 Layout Is adequate separation
delineated between quayside
operations?
Satisfactory – the quayside is thought to be used
infrequently and by pedestrians only.   
HJA/SRB
ACOP 82 Signage Is appropriate signs and
markings provided
Satisfactory – signage was evident along the pier
and at the root of the pier. 
HJA/SRB 
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Image B3. Bunessan, trip hazards and obstruction to steps. Image B4. Bunessan, obsolete lifting equipment (trip hazard) 
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Image B5. Bunessan, tires and ropes affixed to ladders Image B6. Bunessan, life ring
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Image B7. Bunessan, wooden fendering in disrepair 
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B.3 Fionnphort
Reference Subject Evidence Required 
For Compliance Observation Recommendations Auditor
PMSC 3.0
GtGP 8.11.19
ACOP 207-208
SIP 014
Access Is the quayside and its access
locations clear of debris and
obstructions?
Satisfactory – the pier and slipway were generally
clear of debris and all fishing pots were neatly
stacked to the side. 
Observation – fishing pots were neatly stacked
blocking access to the pier presenting a trip hazard. 
See Image B8. 
Observation – the gate to the pier was tied shut,
and CalMac ferry employees were witnessed
jumping around the gate rather than going
through it. 
Observation – there were a couple of raised metal
eyelets that presented trip hazards and were not
marked with a bright and notable colour. 
Recommendation – pier should be easily
accessible and fishing pots should be moved. 
Recommendation – gate should be locked to
prevent public access; however gates should be
accessible to pier operatives/ferry staff to allow
them access to the restricted area.   
Recommendation – eyelets are either painted or
removed if no longer useful.  
HJA/SRB
Pedestrian/Disabled access for
passengers or leisure users?
Satisfactory – walkways were clearly marked for
pedestrians and cars accessing the ferry via the
slipway.   
HJA/SRB
Is the type and condition of
quayside surface appropriate
to the operation?
Satisfactory – the pier and slipway were generally in
good condition and free of marine growth. There
were a few small potholes. 
HJA/SRB
ACOP 211-223
SIP 014
Rescue and
Lifesaving
equipment (LSE) at
the water’s edge
Is there appropriate means of
egress from the water?
Satisfactory – the were an adequate number of
access and egress ladders installed.   
HJA/SRB
Is there appropriate LSE at
quay edge?
Satisfactory – Life saving equipment (life rings)
were installed at the appropriate distances along
the pier. 
Observation – one life ring was missing its cover.
See Image B9 
Recommendation – life ring cover should be
replaced.
HJA/SRB
SIP 005 Bollards and
securing
equipment
Does the general condition of
bollards appear to be in good
order?
Satisfactory – in the opinion of the auditor the
bollards and rings appeared in good condition. 
Observation – the bollards and rings may present a
trip hazard and were not marked with a bright and
notable colour. 
Recommendation – bollards on the pier and
mooring rings, or area around the mooring rings
on the slipway are painted in a bright colour to
aid their identification.  
HJA/SRB
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Reference Subject Evidence Required 
For Compliance Observation Recommendations Auditor
Cont.   
SIP 005
Cont.   
Bollards and
securing
equipment
Are the bollards numbered
and Safe Working Load (SWL)
shown?
Observation – there was no (obvious) SWL for
bollards. 
Observation – there was no (obvious) numbering of
the mooring bollards.
Recommendation – bollards should be marked
with their SWL. 
Recommendation – bollards should be
numbered for ease of identification.
HJA/SRB  
Are additional bollards/rings
required?
Satisfactory – in the opinion of the auditor, ample
bollards and rings are installed along the pier and
slipway which are considered to be appropriate for
the size of vessel being handled. 
HJA/SRB
SIP 005 Fenders Is the fendering appropriate to
the vessel being handled?
Satisfactory – pier fendering is fixed and observed
to be in good condition.   
HJA/SRB
Is the condition of the
fendering in good order?
Satisfactory – all fitted fendering was observed to
be in good condition. 
HJA/SRB
Are chaffing plates used? Not Applicable – no chaffing plates seen.  HJA/SRB
ACOP 232-235
SIP 005
SIP 014
Lighting Is lighting appropriate and
appear to be in compliance
with ACOP ‘safety in docs’ and
the PFSP?  
Satisfactory – light units were installed around the
pier and were considered sufficient for operations
(note, the onsite checks were carried out in
daylight, lighting at night was not seen). 
HJA/SRB
ACOP 58-60 Layout Is adequate separation
delineated between quayside
operations?
Satisfactory – walkways were clearly marked for
pedestrians and cars accessing the ferry via the
slipway.   
HJA/SRB
ACOP 82 Signage Is appropriate signs and
markings provided
Satisfactory – signage was evident at the
throughout pier and slipway. 
HJA/SRB
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Image B8. Fionnphort, access to pier blocked by fishing pots Image B9. Fionnphort, life ring missing cover 
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B.4 Iona
Reference Subject Evidence Required 
For Compliance Observation Recommendations Auditor
PMSC 3.0
GtGP 8.11.19
ACOP 207-208
SIP 014
Access Is the quayside and its access
locations clear of debris and
obstructions?
Satisfactory –both slipways had good access and
were clear of debris.   
Observation – a significant amount of concrete
obstructed access for small vessels using the
slipway at certain states of tide.  This presents a
navigational hazard and creates a risk of grounding
or contact which may result in vessel hull damage.     
Recommendation – concrete obstructions are
removed from the seabed to allow increased
access by vessels. 
HJA/SRB
Pedestrian/Disabled access for
passengers or leisure users?
Satisfactory – walkways were clearly marked for
pedestrians and cars accessing the ferry via the
ferry slipway.  The small vessel slipway was just
used by members of the public, so no walkways
were marked. 
HJA/SRB
Is the type and condition of
quayside surface appropriate
to the operation?
Satisfactory – the slipway was generally in good
condition and free of marine growth. 
Observation – the ferry slipway had some obvious
potholes and was considered to be in need of
surface maintenance. 
Observation – the surface of the bottom of the
small vessel slip was poor and uneven.  There was
also a reasonable sized step, that was not marked.
See Image B10. 
Recommendation – ferry slipway surface should
be reviewed, and repair arranged if trip hazards
are identified.   
Recommendation – the small vessel slipway
surface is repaired, and the step is incorporated
into a slope or marked.  
HJA/SRB
ACOP 211-223
SIP 014
Rescue and
Lifesaving
equipment (LSE) at
the water’s edge
Is there appropriate means of
egress from the water?
Satisfactory – there was an access ladder fitted on
to the ferry slipway. 
Observation –a rope is used to help prevent an
accidental fall from the top of the ladder.  See
Image B11 
Recommendation – a suitable karabiner and wire
(stainless steel) is used to replace the rope,
allowing safe access to and from the ladder when
required.
HJA/SRB
Is there appropriate LSE at
quay edge?
Satisfactory – Life saving equipment (life rings)
were installed at the required intervals. 
Observation – there was no lifesaving equipment
accessible off the small vessel slip way 
Recommendation – move one life ring to the
south side of the handrail facing the small vessel
slip
HJA/SRB
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Reference Subject Evidence Required 
For Compliance Observation Recommendations Auditor
SIP 005 Bollards and
securing
equipment
Does the general condition of
bollards appear to be in good
order?
Satisfactory – the mooring rings on the small vessel
slip way are in good condition.  Mooring rings on
the ferry slip were in good condition but rusted. 
Observation – there was one bollard on the north
edge of the ferry slipway that lacked maintenance.   
Recommendation – bollard is either maintained
or removed if no longer in use
HJA/SRB  
Are the bollards numbered
and Safe Working Load (SWL)
shown?
Observation – there was no (obvious) SWL for the
bollard. 
Observation – there was no (obvious) numbering of
the mooring bollard.
Recommendation – bollards should be marked
with their SWL. 
Recommendation – bollards should be
numbered for ease of identification.
HJA/SRB  
Are additional bollards/rings
required?
Satisfactory – in the auditor’s opinion, mooring
rings on the ferry slip were adequate and suitable
for the vessels using them. 
Observation – through anecdotal information and
observation the mooring rings were judged to be
unfit for use due to construction. 
Recommendation – repair or replace mooring
rings to ensure they are suitable for vessels.
HJA/SRB
SIP 005 Fenders Is the fendering appropriate to
the vessel being handled?
Not applicable    HJA/SRB
Is the condition of the
fendering in good order?
Not applicable    HJA/SRB
Are chaffing plates used? Not applicable    HJA/SRB
ACOP 232-235
SIP 005
SIP 014
Lighting Is lighting appropriate and
appear to be in compliance
with ACOP ‘safety in docs’ and
the PFSP?  
Satisfactory – light units were installed around the
pier and were considered sufficient for operations
(note, the onsite checks were carried out in
daylight, lighting at night was not seen). 
HJA/SRB
ACOP 58-60 Layout Is adequate separation
delineated between quayside
operations?
Satisfactory – walkways were clearly marked for
pedestrians and cars accessing the ferry via the
slipway.   
HJA/SRB
ACOP 82 Signage Is appropriate signs and
markings provided
Satisfactory – signage was evident at all slipways.      HJA/SRB
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Image B10. Iona, small vessel slipway step and poor quality surface Image B11. Iona, access ladder is blocked by rope 
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Argyll and Bute Council 
Port Marine Safety Code
Audit: Oban (North Pier) 2022 
November 2022 
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Port Marine Safety Code
Audit: Oban (North Pier) 2022 
November 2022 
Source: https://www.northpierpontoons.com
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Port Marine Safety Code - Audit: Oban (North Pier) 2022  Argyll and Bute Council
ABPmer, November 2022, R.4006 | i
Document Information
Document History and Authorisation
Title Port Marine Safety Code
Audit: Oban (North Pier) 2022
Commissioned by Argyll and Bute Council
Issue date November 2022
Document ref R.4006
Project no R/4952/01
Date Version Revision Details
28 September 2022 1 Issued for client review
17 November 2022 2 Issued for client use
Authorised (Designated Person) Approved (Quality Manager) Authorised (Project Director)
Monty Smedley Richard Vaughan Gordon Osborn
Suggested Citation
ABPmer, (2022).  Port Marine Safety Code, Audit: Oban (North Pier) 2022, ABPmer Report No. R.4006.
A report produced by ABPmer for Argyll and Bute Council, November 2022.
Author
M.J. Smedley
Notice
ABP Marine Environmental Research Ltd ("ABPmer") has prepared this document in accordance with the client’s instructions, for
the client’s sole purpose and use.  No third party may rely upon this document without the prior and express written agreement
of ABPmer.  ABPmer does not accept liability to any person other than the client.  If the client discloses this document to a third
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Contents
1 The Port Marine Safety Code ................................................................................................ 1
1.1 About the Harbour Authority ................................................................................................................. 2
2 Purpose and Method ............................................................................................................... 4
2.1 Audit scope .................................................................................................................................................... 4
2.2 Audit definitions and outcomes ............................................................................................................ 4
2.3 Audit date and criteria .............................................................................................................................. 5
2.4 Auditor............................................................................................................................................................. 5
2.5 Auditees .......................................................................................................................................................... 5
3 Audit Summary ........................................................................................................................... 6
4 References .................................................................................................................................... 8
4.1 Websites ......................................................................................................................................................... 8
5 Abbreviations/Acronyms ........................................................................................................ 9  
Appendices
A Detailed Audit Findings ........................................................................................................ 12
A.1 PMSC Section 1 – Accountability for Marine Safety .................................................................. 12
A.2 PMSC Section 2 – Key Measures Needed to Secure Marine Safety .................................... 16
A.3 PMSC Section 3 – General Duties and Powers ............................................................................. 24
A.4 PMSC Section 4 – Specific Duties and Powers ............................................................................. 27
B Quayside Check ....................................................................................................................... 33
B.1 Quayside Check ........................................................................................................................................ 33 
Figure
Figure 1. Oban Harbour Limits (Illustrate only - Marine Scotland data layer) ....................................... 3 
Images  
Image B1. Oban Times Slip, mooring rings and absent LSE ......................................................................... 35
Image B2. North Pier, bollard ................................................................................................................................... 35 
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1 The Port Marine Safety Code
The Port Marine Safety Code (‘the Code’) sets out a national standard for every aspect of port marine
safety.  Its aim is to enhance safety for everyone who uses, or works in, the UK port marine environment. 
It is authored by the UK Government, supported by the devolved administrations and representatives
from across the maritime sector and, whilst the Code is not mandatory, these bodies have a strong
expectation that all harbour authorities will comply.  The Code is applicable both to Statutory Harbour
Authorities and to other marine facilities, which may not have statutory powers; these are collectively
referred to throughout the Code as ‘organisations’ (DfT, 2016). 
In reading this audit report, the Council and Duty Holder should note the following extract from the
Code: 
“The Code does not contain any new legal obligations but includes (amongst other things) references
to the main legal duties which already exist.  Failure to comply is not an offence in itself.  However,
the Code represents good practice as recognised by a wide range of industry stakeholders and a failure
to adhere to good practice may be indicative of a harbour authority being in breach of certain legal
duties.  Moreover, the organisation may suffer reputational damage if it has publicly committed to
the Code’s standards and then fails to meet them.” 
(DfT, 2016) 
In order to measure compliance with the Code, the table below sets out the 10 Duty Holder
responsibilities, and corresponding cross-references with sections of the Code, which this audit has
considered.   
No PMSC Duty Holder Responsibilities  PMSC Section 
Reference
1 Duty Holder Formally identify and designate the Duty Holder, whose members are
individually and collectively accountable for compliance with the Code
and their performance in ensuring safe marine operations in the harbour
and its approaches.
1.6-1.8, 1.10, 1.16-1.17
2 Designated
Person
A ‘Designated Person’ must be appointed to provide independent
assurance about the operation of the marine safety management system.
The designated person must have direct access to the Duty Holder.
1.11-1.12
3 Legislation The Duty Holder must review and be aware of their existing powers
based on local and national legislation; seeking additional powers if
required in order to promote safe navigation.
2.3-2.6, 
4.3-4.5
4 Duties and
Powers
Comply with the duties and powers under existing legislation as
appropriate.
1.3-1.5, 1.9, 1.13-1.15, 
3.1-3.14, 
4.2, 4.6-4.20, 4.25-4.32
5 Risk
Assessment
Ensure all marine risks are formally assessed and are eliminated or as low
as reasonably practicable in accordance with good practice.
2.7-2.11
6 Marine Safety
Management
System 
Operate an effective marine safety management system which has been
developed after consultation, is based on formal risk assessment, and
refers to an appropriate approach to incident investigation.
2.12-2.17, 2.19-2.23,
2.25, 2.29
7 Review and
Audit
Monitor, review and audit the risk assessment and marine safety
management system on a regular basis – the independent designated
person has a key role in providing assurance for the Duty Holder.
2.2, 2.24, 2.30-2.32
8 Competence Use competent people (i.e. trained, qualified and experienced) in
positions of responsibility for managing marine and navigation safety.
2.18
9 Plan Publish a safety plan showing how the standard in the Code will be met
and a report assessing the performance against the plan at least every 3
years.
2.26-2.28
10 Aids to
Navigation
Comply with directions from the General Lighthouse Authorities and
supply information and returns as required.
4.21-4.24 
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1.1 About the Harbour Authority
Oban is located in the Argyll and Bute Council area of west Scotland.  Oban Bay itself is a near perfect
horseshoe shape, protected by the island of Kerrera to the west; and beyond Kerrera, the Isle of Mull. 
Vessel access to the bay is via the North Channel from the Firth of Lorn or the longer passage along the
Sound of Kerrera from the south.  Oban is an important ferry hub known as the ‘Gateway to the Isles’
with 13,700 vessel movements recorded in 2019.  Oban acts as the central point for west coast Roll-on,
Roll-off (RoRo) lifeline ferry services with scheduled sailings to the Islands of Lismore, Colonsay, Coll,
Tiree, Port Askaig (Islay), Craignure (Mull), Castlebay (Barra) and Lochboisdale on South Uist.   
Argyll and Bute Council (A&BC) is the Statutory Harbour Authority (SHA) for Oban North Pier with an
area defined in Section 22 of the ‘Pier and Harbour Orders Confirmation (No.5) Act 1896, Schedule 2,
Oban Improvement and Maintenance of Piers’.  The Council also has a smaller statutory area at Oban
South Pier as laid out in Section 18 from Schedule 2 of the 1896 Act.  The pier areas form part of A&BC’s
Municipal Harbour Authority, being owned and operate by the Council.  Within its SHA areas A&BC is
also the Local Lighthouse Authority (LLA) with respect to aids to navigation by virtue of Section 193 of
the Merchant Shipping Act 1995.  A&BC is not a Competent Harbour Authority with regard to Pilotage.   
The harbour limits as recorded by Marine Scotland’s database are shown in Figure 1, it should be noted
that the limits shown do not match the limits described in the 1896 Act.  Statutory harbour limits within
Oban Bay are complex and subject to ongoing review, Figure 1 has been included in this audit report
to demonstrate approximate boundaries for the Harbour Authority around Oban North Pier and the
adjacent SHA at the Railway Pier.  The Railway Pier SHA is owned by Caledonian Maritime Assets Limited
(CMAL) as harbour authority and operated under contract by CalMac Ferries Limited (CFL).   
A&BC marine operation at the North Pier includes a number of specific facilities.  These include the
Oban Times Slip, which is accessed from Corran Esplanade (A85) and is routinely used by wildlife tour
boat operators.  Immediately to the north of the Pier is the North Pier Pontoons which provide a marina
facility for transit yachts staying up to three nights.  The pontoons provide 39 finger berths and berthing
along its outer breakwater for vessel of 20 m or larger in length and up to 127 Gross Tonnage (GT).  The
pontoons are also used by tenders from Cruise vessels on scheduled visits.  The North Pier provides
75 m of solid berthing face, typical used by large charter vessels, aquaculture vessels, bulk cargo (forest
products, road salt, local industrial goods) and layby berthing for CFL vessels.  The Pier has a slipway on
its south side which is used by the cross bay ferry to Kerrera Marina and for wildlife tour operators. 
Kayaks and beach launched craft operate from the slipways along the Harbour Promenade which are
within the Oban North Pier SHA, the slipways in this section are owned by A&BC but are not managed
or maintained by the harbours team.   
The South Pier is owned by CMAL and operated by CFL.  South Pier is used for fishing vessel landings
with an ice plant and shoreside storage.  Berthing at the South Pier is controlled by CFL with the pier
landside operations managed by Oban Port Users Limited.  Adjacent to the western end of the South
Pier is the Oban Royal National Lifeboat Institute (RNLI) lifeboat station.   
A&BC also own the slipway at Port Beag which is located immediately to the west of the RNLI station. 
The slipway is operated and maintained by the Council and includes the small parking area adjacent to
Gallanach Road.  The slipway is used by small day boats and trailer launched vessels.  Immediately to
the west of Port Beag is the Northern Lighthouse Board (NLB) depot which is located outside of both
the A&BC and CMAL SHAs.  
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Source: Esri, DigitalGlobe, GeoEye.  Contains information from the Scottish Government (Marine Scotland) 
licensed under the Open Government Licence v3.0
Figure 1. Oban Harbour Limits (Illustrate only - Marine Scotland data layer) 
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2 Purpose and Method
2.1 Audit scope
Argyll and Bute Council (A&BC) has contracted ABPmer to provide Designated Person services for its
ports, harbours and piers.  Part of this service includes the provision of annual auditing to establish if
the Harbour Authority is compliant with the requirements of the Port Marine Safety Code (PMSC).  The
scope of the audit includes a review of Harbour Authority performance against the standard laid out
within the latest edition of the Code.  Any aspects that do not comply with, or fully address, the
requirements of the Code will be identified, and recommendations for improvement will be made.  
2.2 Audit definitions and outcomes
The following definitions are used in the audit report: 
Non-compliance: is a failure to adhere to a legal requirement such as an Act, Order or its Regulations. 
The Port Marine Safety Code requires organisations to confirm compliance with the requirements of the
Code.  Therefore, Port Marine Safety Code audits are designed to test the requirements of the Code
with any failure to comply identified as a ‘non-compliance’.   
Non-conformity: is an opportunity for the management system to improve through the identification
of a requirement that is not met.  Non-conformities are not regulatory but relate to the port or harbour’s
own operational instructions which are not met or fully met.  Any non-conformities identified through
the audit process are identified in bold text in the report.   
Evidence: Non-compliances and Non-conformities are identified through factual evidence sampled
during the audit.   
2.2.1 Outcomes
The audit report uses the following outcomes: 
Non-Compliance: a non-compliance with the requirements of the Code which are a
breach of legal obligations or may compromise marine safety, environmental safety or
present a significant reputational risk. Recommendations for addressing non-
compliances are identified in red. 
Observation: refers to an improvement opportunity such as an update to information,
procedural change, or a non-conformity with local operating instructions.  Whilst
observations are defined as improvement opportunities, addressing them may improve
the overall system standard. Recommendations for addressing observations are
identified in yellow.   
Satisfactory: a system component that meets or exceeds the requirements of the Code. 
Items of best practice are identified in bold.   
Not applicable: part of the Code that is not relevant to the Organisation being audited.   
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2.3 Audit date and criteria
The audit was carried out onsite at Oban North Pier on 06 September 2022.  The latest version of the
PMSC, and the accompanying Guide to Good Practice (GtGP
), has been used as the benchmarking standard within Appendix A.  The audit tables also identify the
paragraph numbers from the Code (DfT, 2016) and relevant sections of the Guide to Good Practice
(DfT, 2018), for cross reference purposes.   
In addition, within Appendix B the Health and Safety Executive (HSE) publication L148 ‘Safety in Docks:
Approved Code of Practice and Guidance’ (ACOP) (HSE, 2014) and the Port Skills and Safety (PSS)
publications SIP 005 ‘Guidance on Mooring’ (PSS, 2020) and SIP 014 ‘Guidance on Safe Access and
Egress’ (PSS, 2019) have been used.  The appendix tables to this report contain the test questions and
evidence, noting down conformity, non-conformity and observational remarks.  
2.4 Auditor
The following auditor conducted this audit.   
Team Member Initials Company, Designation
Monty Smedley MJS
ABPmer, Principal Maritime Consultant
Lead Auditor for Quality Management Systems (QMS ISO 9001)
Designed Person (PMSC) Argyll and Bute Council
2.5 Auditees
The following individuals participated in the audit.   
Team Member Initials Role/Designation
Allan Finlay AF Piers and Harbours – Technical Officer
Julie Hendry JH Marine Operations – Admin Officer
Scott Reid SR Marine Operations Manager
Vicki McKenzie VM Oban North Pier – Harbour Master 
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3 Audit Summary
Number Key Measures
Ten-Point ‘Health Check’   
1 Duty Holder 0 2 5
2 Designated Person 0 1 2
3 Legislation 1 3 4
4 Duties and Powers 0 14 36
5 Risk Assessment 1 2 4
6 MSMS 0 6 10
7 Review and Audit 0 0 4
8 Competence 0 7 3
9 Plan 1 0 2
10 Aids to Navigation 0 0 2
Total 3 35 72 
The summary presented in the above table identifies that, for the ten-point health-check, Argyll and
Bute Council as the Statutory Harbour Authority for Oban North Pier is found not to be fully compliant
with the requirements of the Port Marine Safety Code.   
The following three non-compliances were recorded: 
 The MSMS does not list relevant Acts or Orders for Oban North Pier, nor are the harbour limits
mapped following descriptions in Section 22 and 18 of the 1896 Act.  
 The MSMS does not state the expected review frequency for marine risk assessments.  The MSMS
does state in its Annexes for each port that: “The Harbour staff will record all
incidents/accidents/near misses on the Safety Management System (MarNIS). The reports will be
used to review accidents and incidents, for assessing whether any action is necessary to reduce the
risk of recurrence”.  It can be concluded that marine risk assessments are reviewed after incidents
occur, however the MSMS does not state that the risk assessments are updated or re-issued.  The
MarNIS system provides notification of assessments which are about to expire, based on a one-year
review frequency.  Users may set their own review frequency.  
 The ‘Marine Safety Plan’ for the years 2018 to 2020 (the previous plan) has not been assessed and
the Organisation’s performance against the plan published.   
The PMSC audit identified 35 observations relating to improvement opportunities for management
consideration, the detailed findings being presented in Appendix A.  The following points identify the
more significant items: 
 The Marine/Navigational Risk Assessment review process which includes consultation with the Oban
Bay User Group is not documented in the risk assessments.  Participants in the review (for example
the Oban Bay User Group) should be included in the risk assessment attendees and notes sections.  
 Whilst Oban North Pier harbour office has a flow process for Dynamic Risk Assessment (DRA), the
MSMS does not address the expectations of the Harbour Authority in respect to DRA.  
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 The training matrix does not include the roles of the Duty Holder, the Marine Operations Manager,
Technical Officers, Senior Pier Operatives and the Marine Operations Admin Officer.  The training
record files does hold a ‘HQ and Others’ worksheet.
 The MSMS, Section 6.3 states that: “The ARGYLL & BUTE HARBOUR BOARD will maintain a training
matrix for all staff and the respective line managers are responsible for keeping it up-to-date”.  The
training matrix is maintained by the Marine Operations Admin Officer (which is a centralised
function), with notification of training completed provided by Harbour Masters.  The MSMS should
be updated to reflect the process used.  
 It is not clear if the training ‘policy’ within the MSMS has been approved by the Harbour Board and
Duty Holder, nor is it clear at what frequency this policy is reviewed.  
 The MSMS provides outline requirements for enforcement and prosecution where a harbour
direction or byelaw has been broken.  There are no specific processes in place for Oban with respect
to enforcement.  
 The environmental policy lacks detail on how the obligations of the Harbour Authority under
national legislation is delivered.  
 Annual exercises of both the Oil Pollution Response Plan and the Emergency Plan at Oban would
be beneficial to schedule.  
 At the time of audit there was no evidence of an appointment letter for the statutory role of Harbour
Master or Deputy Harbour Master made by the Harbour Authority under relevant local Acts and
Orders.  
 The MSMS Annex on Oban does not provide information on how powers of Special Direction are
used for controlling vessel movements.
 Tour boats and workboats routinely used the harbour.  There is currently no method of obtaining
assurance that craft working commercial are operating their vessels in accordance with relevant
MCA codes.   
Marine operations and quayside checks were also carried out, 2 observations were identified, the
detailed findings being presented in Appendix B.   
 There was no provision of a life ring or other lifesaving equipment at the Oban Times Slip.
 Mooring rings on the Oban Times Slip may present a trip hazard.
 The North Pier mooring bollards did not have their Safety Working Load (SWL) identified.
 Signage at the North Pier to warn the public of the working area of the quayside edge was not
evident.   
The following points of best practice were noted: 
 Provision and maintenance of Aids to Navigation is recognised as an area of best practice with a
100% availability for Category 3 and 99.8% for Category 2 Aids.  
 At the time of audit, all seven Councillors of the Harbour Board, plus the Council’s Executive Director
of Development and Infrastructure Services (as Duty Holder) have attended Duty Holder Training. 
The Marine Safety Plan has an objective of 100% attendance for Duty Holder training.   
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4 References
DfT, 2016.  Port Marine Safety Code, Department for Transport (DfT) a, November 2016. 
DfT, 2018.  A Guide to Good Practice on Port Marine Operations Prepared in conjunction with the Port
Marine Safety Code 2016, Department for Transport (DfT), February 2018. 
Health and Safety Executive (HSE), 2014.  ‘Safety in Docks: Approved Code of Practice and Guidance’
(ACOP)’, Publication L148. 
ISO 9001: Quality Management Systems.  International Organization for Standardization. 
MCA, 2022. Navigation: Vessel Traffic Services (VTS) and Local Port Services (LPS) in the United Kingdom.
Marine Guidance Note: MGN 401 (M+F) Amendment 3.  Maritime & Coastguard Agency, March 2022. 
Ports of Scotland, 2022.  Yearbook, 41st Edition.   
Port Skills and Safety (PSS), 2019.  Guidance on Safe Access and Egress, SIP 014.  September 2019.
https://www.portskillsandsafety.co.uk/resources/sip014-guidance-safe-access-and-egress 
Port Skills and Safety (PSS), 2020.  Guidance on Mooring, SIP 005.  November 2020.
https://www.portskillsandsafety.co.uk/resources/sip-005-guidance-mooring-operations 
4.1 Websites
https://www.argyll-bute.gov.uk/fees/22/piers 
https://www.argyll-bute.gov.uk/marine-safety-management-system 
https://www.argyll-bute.gov.uk/moderngov/ieListMeetings.aspx?CId=567&Year=0 
https://www.argyll-bute.gov.uk/news/2022/jul/public-consultation-municipal-harbour-authority-oban 
https://www.argyll-bute.gov.uk/sites/default/files/dp_contact_information_abc.pdf 
https://www.gov.uk/government/publications/port-marine-safety-code-compliant-ports/port-marine-
safety-code-compliant-ports-list 
https://www.northpierpontoons.com/ 
https://www.obanharbour.scot/information/oban-bay-management-group/managmentgroupnotes 
https://www.obantimes.co.uk/2021/04/14/investigations-continue-after-second-oban-oil-spill 
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5 Abbreviations/Acronyms
A&BC Argyll and Bute Council 
ACOP Approved Code of Practice and Guidance
ALRS Admiralty List of Radio Signals
AtoN Aid(s) to Navigation
BPA British Ports Association 
CARP Critical Activity Recover Plan
CAT Category
CERS Consolidated European Reporting System
CFL CalMac Ferries Limited
CHA Competent Harbour Authority
CMAL Caledonian Maritime Assets Limited
DfT Department for Transport
DGHAR Dangerous Goods in Harbour Areas Regulations 2016
DRA Dynamic Risk Assessment
DSHAR Dangerous Substances in Harbour Areas Regulations 2016
FRA Formal Risk Assessment 
GLA General Lighthouse Authority
GT Gross Tonnage 
GtGP Guide to Good Practice on Port Marine Operations
HDPCA Harbour, Docks and Piers Clauses Act 1847
HQ Head Quarters
HR Human Resources
HRO Harbour Revision Order
HSE Health and Safety Executive
IMO International Maritime Organization
ISO International Organization for Standardization
ISPS International Ship and Port Facility
KPI Key Performance Indicator
LATON Local Aids to Navigation
LLA Local Lighthouse Authority
LPS Local Port Service
LSE Lifesaving Equipment
M+F Merchant Shipping and Fishing Vessels
MAIB Marine Accident Investigation Branch
MarNIS Maritime Navigation and Information Services
MCA Maritime and Coastguard Agency
MGN Marine Guidance Notes
MS Microsoft
MSMS Marine Safety Management System
n/a Not Applicable
NLB Northern Lighthouse Board
OPRC International Convention on Oil Pollution Preparedness, Response and Co-operation
PEC Pilotage Exemption Certificates
PFSP Port Facility Security Plan
PMSC Port Marine Safety Code
PSS Port Skills and Safety
QMS Quality Management System
RATSA Railways and Transportation Safety Act
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RNLI Royal National Lifeboat Institute 
RoRo Roll-on, Roll-off
SAC Special Areas of Conservation
SEPA Scottish Environment Protection Agency 
SHA Statutory Harbour Authority
SIP Safety in Port
SOPs Standard Operating Procedures
SOSREP Secretary of State's Representative
SPA Special Protection Areas
SWL Safe Working Load
UK United Kingdom
UKHO United Kingdom Hydrographic Office
VHF Very High Frequency
VTS Vessel Traffic Service 
Cardinal points/directions are used unless otherwise stated. 
SI units are used unless otherwise stated.  
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Appendices
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A Detailed Audit Findings
A.1 PMSC Section 1 – Accountability for Marine Safety
PMSC / GtGP
Reference Subject Evidence Required
For Compliance Evidence of Compliance Recommendation Evidence
Reference Auditor
1.3-1.5 Duties and
Powers
Is the Organisation’s Duty
of Care for users of the
harbour, port of facility
stated?
Satisfactory – A&BC’s Marine Safety
Management System (MSMS), version 11,
issued in May 2020, states in Section 10 under
the heading Conservancy that: “There is a duty
to conserve a harbour so that it is reasonably
fit for use as a port, and a duty of reasonable
care to see that the harbour is in a fit condition
for vessels to use”.   
MJS_001 MJS  
Are local Acts and Orders
identified?
Satisfactory – the harbour authority has a
copy of its local legislation in the form of the
‘Oban Piers Order 1896.  The following local
legislation is in place and cited as the ‘Oban
Piers and Harbour Orders 1862 to 1896: 
 Pier and Harbour Orders Confirmation Act
1862, Oban Harbour Order.  
 The Oban Pier and Harbour Order 1864.
 Pier and harbour Orders Confirmation
(No.5) Act, 1896, Schedule 2, Oban
Improvement and Maintenance of Piers.   
MJS_004
MJS_005
MJS  
Is the Harbour, Docks and
Piers Clauses Act (HDPCA)
1847 incorporated into local
Acts and Orders?  
Satisfactory – the HDPCA has been
incorporated, as referenced in the Section 47
of the 1896 Act (which excludes Section 16 to
19 of the HDPCA from inclusion).   
MJS_003
MJS_005
MJS
1.6 – 1.7 The Duty Holder Has the organisation
appointed and confirmed
who the Duty Holder is?  
Satisfactory – A&BC has assigned the post
and accountability of the Duty Holder to the
Council’s Executive Director of Development
and Infrastructure Services.  The Harbour
Board retains responsibility for providing
policy direction to the officers of the
Authority.  An organisational structure is
provided the MSMS, Section 2.1.   
MJS_001 MJS
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PMSC / GtGP
Reference Subject Evidence Required
For Compliance Evidence of Compliance Recommendation Evidence
Reference Auditor
1.8 The Duty Holder Are the Duty Holder’s
responsibilities for
compliance with Code
defined?  
Satisfactory – the MSMS, Section 2.2 lists the
duties of the Duty Holder.   
Observation – the role laid out in the MSMS
for the Duty Holder does not include all the
bullet point requirements listed in the Code
(DfT, 2016).   
Recommend – to ensure a match between
the role, as laid out in the Code, and the
role defined in the MSMS, it is
recommended that Section 2.2. is reviewed.  
MJS_001 MJS
1.10 The Duty Holder Does the Duty Holder (and
Harbour Board members)
have a clear understanding
of the port’s marine
activities and MSMS?
Satisfactory – the Harbour Board and Duty
Holder receive information from officers of
the Authority, presented as technical reports
to Board Meetings.  Annually the Harbour
Board and Duty Holder visit one of the
Councils ports, harbours or piers.  The last
Oban visit was on 24 September 2021.  The
Harbour Board were also invited to the
Campbeltown Emergency Response Exercise
in November 2021.  The MSMS is provided on
the Council’s website making it a simple
process to view the most recent version.   
MJS_001 MJS  
Has the Duty Holder
(Harbour Board members)
been provided with a clear
brief or training on their
role under the requirements
of the Code?
Satisfactory – all the current (seven)
Councillors of the Harbour Board, plus the
Council’s Executive Director of Development
and Infrastructure Services (as Duty Holder)
have attended training run on 05 September
2022.  The Marine Safety Plan has an
objective of 100% attendance on the Duty
Holder training course by the completion
date of the plan.  This is an area of best
practice.  It should be noted that at the time
of audit, a bye-election was planned and
following its completion the Harbour Board
will increase to eight.   
MJS_002
MJS_006
MJS
1.11-1.12 The Designated
Person
Has the Harbour Authority
appointed an individual as
the Designated Person?  
Satisfactory – the Duty Holder has appointed
ABPmer to provide Designated Person
services, with Monty Smedley as the named
Designated Person.  This contract
commenced on 01 November 2021.  The
Designated Person’s contact details were
posted on the Dunoon staff mess-room
notice board.   
https://www.arg
yll-
bute.gov.uk/site
s/default/files/d
p_contact_infor
mation_abc.pdf 
MJS
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ABPmer, November 2022, R.4006  | 14
PMSC / GtGP
Reference Subject Evidence Required
For Compliance Evidence of Compliance Recommendation Evidence
Reference Auditor
Cont.   
1.11-1.12
Cont.   
The Designated
Person
Is the Designated Person’s
role explained in the
MSMS?
Satisfactory – the MSMS, Section 2.5 lists the
duties of the Designated Person.   
Observation – the appointment information in
Section 2.5 of the MSMS is not accurate.   
Recommendation – the Designated
Person’s details in the MSMS are updated.  
MJS_001 MJS
1.13 Chief Executive
[or equivalent]]
Have executive and
operational responsibilities
for marine safety been
clearly assigned?
Satisfactory – the MSMS, Section 2.2 lists the
responsibilities of the Duty Holder, who is
also the Chief Executive.   
Observation – the MSMS, Section 2.2 does
not address the financial and resource role
that typically, a Chief Executive would be
responsible for providing in respect of a
Harbour Authority function.     
Recommendation – the role profile in the
MSMS is reviewed and wording around
‘adequate resources’ is included.  
MJS_001 MJS  
How is marine safety
funded within the
organisation?
Satisfactory – funding is identified and agreed
through the Council’s approvals process. 
Officers of the Authority have delegated
spending powers within their spending limits. 
All significant funding decision outside of
spending limits come to the Harbour Board,
officers of the Authority provide technical
input to Harbour Board decisions.   
n/a MJS
1.9, 
1.14 – 1.15
Harbour Master Have executive and
operational responsibilities
for marine safety been
clearly assigned?
Satisfactory – the MSMS, Section 2.5 states
that: “Harbour Masters and their Assistants will
support the Marine Operations Manager to
develop the team’s service plans by working in
partnership with colleagues (within and out
with the service) and by taking personal
responsibility for planning how these are
delivered effectively and efficiently”.  Section
2.5 lists specific duties.   
MJS_001 MJS  
Does an officer with
responsibilities for marine
safety attend Board
meetings?
Satisfactory – three times a year, a report is
provided by the Executive Director for Roads
and Infrastructure; major issues are raised to
the Harbour Board.  Evidence from the
Harbour Board meeting of 01 September
2022 identifies reports including the Marine
Asset Management Plan Update, Port Marine
Safety Code Update, Oban Bay Update and
Draft Harbour Board Workplan.     
MJS_006
MJS_007 
https://www.arg
yll-
bute.gov.uk/mo
derngov/ieListM
eetings.aspx?CI
d=567&Year=0 
MJS
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ABPmer, November 2022, R.4006  | 15
PMSC / GtGP
Reference Subject Evidence Required
For Compliance Evidence of Compliance Recommendation Evidence
Reference Auditor
1.16 – 1.17 The
Organisation’s
Officers
Does the MSMS provide
details of the organisation’s
Officers and their
responsibilities for marine
safety?
Satisfactory – the MSMS, Section 2.3 lists the
responsibilities of the Organisation’s Officers
(including the Head of Roads and Amenity
Services and the Marine Operations
Manager).  Section 2.4 has a sub-heading for
Assistant Harbour Masters.   
Observation – the role of the Technical
Officer(s) for Piers and Harbours could be
usefully included within the MSMS.   
Recommendation – include the role of the
Technical Officer(s) for Piers and Harbours.  
MJS_001 MJS  
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ABPmer, November 2022, R.4006  | 16
A.2 PMSC Section 2 – Key Measures Needed to Secure Marine Safety
PMSC / GtGP
Reference Subject Evidence Required 
For Compliance Evidence of Compliance Recommendation Evidence
Reference Auditor
2.2 Further
guidance
Does the organisation
review any of the following:
 MAIB digest / reports
 MCA health check trends
Satisfactory – the MCA Health Checks trends
was included in the Designated Person’s
briefing note which was tabled at the
02 September 2021 Harbour Board meeting. 
Information from the MAIB and the BPA in the
former of safety circulars are distributed by
the Marine Operations Admin Officer. 
Evidence sighted.   
MJS_009
MJS_010
MJS
2.3 – 2.6 Review existing
powers
Does the Harbour Authority
have an understanding of
local legislation?
Satisfactory – the Harbour Authority has a list
of local Acts and Orders for Oban, plus a map
with the extent of the harbour limits shown.   
MJS_003
MJS_005
MJS  
Are local Acts and Harbour
Orders referenced in
MSMS?
Non-compliance – the MSMS does not list
relevant Acts or Orders for Oban, nor are the
harbour limits shown.  
Recommendation – the MSMS must
contain information on the local legislation
for Oban and expand upon the powers,
duties and responsibilities provided by the
local Acts and Orders.  
MJS_001 MJS  
Have the Harbour
Authority’s existing powers
been reviewed?
Satisfactory – the harbour acts have been
reviewed by A&BC lawyers with an external
review conducted by marine lawyers. 
Recommendations for update have been
presented to the Council and a Harbour
Revision Order (HRO) process initiated. 
Evidence provided.   
MJS_047 MJS  
Is the organisation’s
jurisdiction mapped and
clear?
Satisfactory – the Harbour Authority has a list
of local Acts and Orders for Oban, plus a map
with the extent of the harbour limits shown.   
Observation – whilst some chart products
show the harbour limits, others (the Admiralty
Chart, 1790 ‘Oban and Approaches’) does not
map the area.  The Marine Scotland layer used
for marine planning incorrectly identifies the
A&BC SHAs.   
Observation – the MSMS, Section D ‘Oban
North Pier and Pontoons’ describes the limits:
“The Harbour boundary is defined by the area
east of a line joining Dog Stone to the North
and Brandy Stone to the South”. 
Recommendation – providing the
boundaries to the UK Hydrographic Office
including descriptions from the 1896 Act,
Sections 22 and 18 requesting update of
the harbour limits.   
Recommendation – the description for
A&BC’s SHA areas in Oban Bay is updated
in the MSMS to match the areas described
in Section 22 and 18 of the 1896 harbour
act.  
MJS_003
MJS_005
MJS
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ABPmer, November 2022, R.4006  | 17
PMSC / GtGP
Reference Subject Evidence Required 
For Compliance Evidence of Compliance Recommendation Evidence
Reference Auditor
2.7 – 2.11 Use of Formal
Risk Assessment
(FRA)
Have risks associated with
marine operations been
assessed and a means of
controlling them deployed?
Satisfactory – the MSMS, Section 8 describes
the assessment methodology.  A set of 18 risk
assessments are in place for the harbour, all
assessments were in-date at the time of audit. 
Review dates were completed in January and
February 2022.  The hazard scenarios cover a
range of foreseeable eventualities based on
current harbour activities.   
MJS_001
MJS_011
MJS_012
MJS  
How does the organisation
ensure those undertaking
marine risk assessment are
competent in the role?
Satisfactory – the Harbour Master has
undertaken a training course for marine risk
completed on 02 March 2021.  Certificate
sighted.   
MJS_013 MJS  
Are stakeholders included
in marine risk
review/assessments?
Satisfactory – risk assessments are conducted
with the Assistant Harbour Master.   
Observation – the review process which
includes consultation with the Oban Bay User
Group is not documented in the risk
assessments.   
Recommendation – the experience and
knowledge of harbour users is sought and
their engagement documented in the risk
assessments.  Participants in the review (for
example the Oban Bay User Group) should
be included in the risk assessment
attendees and notes sections.  
MJS_011
MJS_012
MJS  
Does the MSMS prescribe
the review frequency for
risk assessments?
Non-compliance – the MSMS does not state
the expected review frequency for marine risk
assessments.  The MSMS does state in its
Annexes for each port that: “The Harbour staff
will record all incidents/accidents/near misses
on the Safety Management System (MarNIS).
The reports will be used to review accidents
and incidents, for assessing whether any action
is necessary to reduce the risk of recurrence”.  It
can be concluded that marine risk
assessments are therefore reviewed after
incidents occur, however it does not state that
the risk assessment is updated or re-issued,
nor is any review frequency given.  The
MarNIS system provides notification of
assessments which are about to expire, based
on a standard one-year review frequency. 
Users may set their own review frequency.  
Recommendation – the Harbour Authority
requirement for frequency of risk
assessment review is positively stated in the
MSMS for the avoidance of doubt, for
example: Marine Risk Assessment must be
reviewed annually and following an
accident or incident that changes the
specifics of an existing risk assessment.  
MJS_001 MJS
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ABPmer, November 2022, R.4006  | 18
PMSC / GtGP
Reference Subject Evidence Required 
For Compliance Evidence of Compliance Recommendation Evidence
Reference Auditor
Cont. 
2.7 – 2.11
Cont. 
Use of Formal
Risk Assessment
(FRA)
Is a system of Dynamic Risk
Assessment (DRA) used?
Satisfactory – a DRA flow diagram has been
prepared and distributed to harbour staff at
Oban, a copy was posted on the notice board.   
Observation – the MSMS does not addresses
the expectations of the Harbour Authority in
respect to DRA.   
Recommendation – the approach to
Dynamic Risk Assessment is defined for
harbour staff.   
MJS_048 MJS
2.12-2.14 Implement a
MSMS
Is there an MSMS?  Does
this incorporate policies
and procedures?  The
MSMS must incorporate a
regular and systematic
review of its performance.
Satisfactory – A&BC’s Marine Safety
Management System (MSMS) is issued as
version 11, dated May 2020.  A revision
history is included with notes defining
changes made over time.  The MSMS is
presented as a manual and supporting
Annexes for individual ports, harbours and
piers.   
Observation – the distribution list contains
names of post holders which is out of date.   
Observation – the MSMS contains various
sections of national guidance, some of which
is generic in nature and not tailored to
A&BC’s specific circumstances.   
Recommendation – the distribution list
should be reviewed with posts and roles
updated as required.   
Recommendation – the MSMS should be
fully reviewed to remove extraneous
information and provide tailored
procedures to each port, harbour and pier.  
MJS_001 MJS
2.15 Key
Performance
Indicators (KPIs)
Does the harbour authority
detail KPIs and/or make a
statement about
performance in the
organisation’s annual
report?
Satisfactory – A&BC’s key performance
indicators for ports and harbours are
identified in the ‘Marine Safety Plan’ as
specific outcomes.   
Observation – the MSMS does not address
port and harbour KPIs.   
Recommendation – a section on KPIs
should be included within the MSMS, with
reference to the expectations of internal
business processes and the ‘Marine Safety
Plan’.  
MJS_001
MJS_002
MJS
2.16 MSMS assigning
responsibility
Does the MSMS explicitly
assign responsibility for
appropriate
safety/conservancy
matters?
Satisfactory – the MSMS, Section 2 ‘Key
Personnel and Responsibilities’ assigns
responsibility for safety and conservancy to
key post holders in the Harbour Authority.   
MJS_001 MJS
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ABPmer, November 2022, R.4006  | 19
PMSC / GtGP
Reference Subject Evidence Required 
For Compliance Evidence of Compliance Recommendation Evidence
Reference Auditor
2.17 MSMS
Consultation
Are forum/consultation
meetings held? 
Satisfactory – the MSMS Section 4 addresses
‘Consultation’, with sections on consultation
policy, statutory consultation and consultation
with interested parties.  At Oban the key
stakeholder group is the ‘Oban Bay
Management Group’, which includes all SHAs
and marine facility operators, plus the Chair of
the Oban Stakeholder Group and the Chair of
the Oban Community Harbour Development
Association.  Evidence of meeting and
minutes are held online.   
https://www.ob
anharbour.scot/i
nformation/oba
n-bay-
management-
group/managm
entgroupnotes
MJS
2.18 Competence
standards
Are personnel qualified and
trained for their marine
safety role?   
Satisfactory – two MS Excel files are
maintained, the first is titled ‘Harbour Training
Matrix 2021’ the second is titled ‘training
records’.  The training matrix identifies the
Essential, Required, Advantageous and Not
Required training.  The training records
identifies staff by location with dates against
qualifications held.   
Observation – the matrix does not include the
roles of the Duty Holder, the Marine
Operations Manager, Technical Officers,
Senior Pier Operatives and the Marine
Operations Admin Officer.  The training record
files does hold a ‘HQ and Others’ worksheet. 
Observation – it is not clear what the terms
‘Essential’ and ‘Required’ mean on the matrix. 
Observation – the training matrix identifies
roles and named individuals.   
Observation – the MSMS, Section 6.3 states
that: “The ARGYLL & BUTE HARBOUR BOARD
will maintain a training matrix for all staff and
the respective line managers are responsible
for keeping it up-to-date”.  The training matrix
is maintained by the Marine Operations
Admin Officer, with notification of training
completed provided by Harbour Masters.   
Recommendation – that all roles are
identified in the matrix to ensure it
documents all job roles with a remit for
delivering marine safety functions for the
Harbour Authority.   
Recommendation – provide definitions for
the terms used on the matrix for the
avoidance of doubt.   
Recommendation – consider removing
individual’s names from the training matrix.   
Recommendation – review the wording and
process in the MSMS Section 6.3 to ensure
it operates as required.  
MJS_001
MJS_014
MJS_015
MJS
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ABPmer, November 2022, R.4006  | 20
PMSC / GtGP
Reference Subject Evidence Required 
For Compliance Evidence of Compliance Recommendation Evidence
Reference Auditor
Cont. 
2.18
Cont. 
Competence
standards
Is there a policy on
revalidation or maintenance
of qualifications in place?
Satisfactory – the MSMS, Section 6.1 is titled
‘Argyll and Bute Council Training Policy’.  The
bullet pointed items in the training policy are
considered to be comprehensive.   
Observation – it is not clear if the ‘policy’
within the MSMS has been approved by the
Harbour Board and Duty Holder, nor is it clear
at what frequency this policy is reviewed.   
Recommendation – the policy is separated
from the body of the MSMS manual and
presented as part of a policy pack.  
MJS_001 MJS   
Satisfactory – the Marine Operations Admin
Officer maintains a central record of training. 
Individual staff are identified with dates of
training and certification held in
day/month/year format.  Harbour Master
keeps a local record of all staff training.   
Observation – where training has been
undertaken by the Council, the Marine
Operations Admin Officer maintains course
certification.  Where qualifications were
already held by the individual or completed
locally, the Harbour Master holds the
certification.     
Observation – the training records do not
clearly record, date taken and expiry date for
qualifications   
Recommendation – that the Council
considers carrying out an audit of
certification required to be held by staff
and updates its central records accordingly. 
Recommendation – adding date taken and
expiry date (named columns) to training
records.  
MJS_001
MJS_014
MJS_015
MJS
2.19 – 2.22 Incident
reporting and
investigation
Does the MSMS identify
the organisation’s
instruction regarding:
 reporting
 recording of incidents
 investigation
 enforcement (if relevant). 
Satisfactory – the MSMS Section 3.6 details
the process to follow should an incident
occur, this addresses reporting.  The MSMS
Section 9.2, 9.3, 9.6 and 9.7 details incident
procedures and investigation.  Incident
records from Dunoon identify the following
(noting that the 2017 and 2018 records are
recorded in MarNIS).  The database records
18 accident/incident records since 2017. 
During 2022 (January to August) there have
been three incidents.  Records evidenced.   
MJS_016
MJS_017
MJS_018
MJS
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Port Marine Safety Code - Audit: Oban (North Pier) 2022    Argyll and Bute Council
ABPmer, November 2022, R.4006  | 21
PMSC / GtGP
Reference Subject Evidence Required 
For Compliance Evidence of Compliance Recommendation Evidence
Reference Auditor
Cont.   
2.19 – 2.22
Cont.   
Incident
reporting and
investigation
Cont.   
Does the MSMS identify
the organisation’s
instruction regarding:
 reporting
 recording of incidents
 investigation
 enforcement (if relevant). 
Observation – at least four incident records
are open (i.e., not set to actioned-closed) in
MARNIS from years between 2017 to 2020.  
Recommendation – reviewing incident
records not shown as closed and actioned
from previous years.  Incident
investigations should be set to ‘actioned-
closed’ once all investigations are complete
and actions assigned.  
MJS_016
MJS_017
MJS_018
MJS
GtGP 13.2 Incidents
involving Death
or Crime
Are procedures in place for
incidents involving death or
crime?
Satisfactory – the MSMS Section 9.8 details
actions to be taken in the event of death or
crime.  Anecdotal information from Oban
identified that local police liaison is good with
the Harbour Master and team in contact with
local police resources.   
MJS_001
MJS_018 
Anecdotal
MJS
GtGP 13.9 Incident
publication
Does the Harbour Authority
disseminate information
from accident
investigations?
Satisfactory – incident reports are distributed
to the Scottish Environment Protection
Agency (SEPA) and the Maritime and
Coastguard Agency (MCA) as required. 
Evidence of the Oil Pollution spill into Black
Lynn Burn from a damaged storage drum,
reported to SEPA, April 2021.   
https://www.ob
antimes.co.uk/2
021/04/14/inves
tigations-
continue-after-
second-oban-
oil-spill 
MJS
2.23 Incident
statutory
reporting
Are procedures for
reporting incidents to the
MAIB in place?
Satisfactory – the MSMS Section 9.10 details
statutory reporting requirements, including
the Marine Guidance Note (MGN) 564
‘Incident reporting and investigation’.  There
have been no MAIB reportable incidents
within A&BC’s SHA since MarNIS records
commenced in 2017.   
MJS_001
MJS_017
MJS
2.24 Monitoring
performance
and auditing
Has the MSMS been
subject to audit (internal
and/or external)?
Satisfactory – the last external audit of the
MSMS was conducted in October 2018 at:
Campbeltown, Oban, Port Beag, Cuan Ferry
Slip and Easdale Ferry.  The last internal audit
was carried out at Oban in August 2022.  The
Internal Audit was a comprehensive check
against the Guide to Good Practice
(DfT, 2018), and is considered as an example
of good practice.   
MJS_019
MJS_020
MJS_021
MJS_022
MJS
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ABPmer, November 2022, R.4006  | 22
PMSC / GtGP
Reference Subject Evidence Required 
For Compliance Evidence of Compliance Recommendation Evidence
Reference Auditor
2.25 Enforcement Are local officers aware of
enforcement powers and
responsibilities?
Satisfactory – the MSMS Section 9.12 provides
the enforcement procedure.   
Observation – text within the MSMS provides
outline requirements.  There are no specific
processes in place for Oban with respect to
enforcement or prosecution.  This links to
topics of duties and powers, local legislation
and byelaws.   
Recommendation – the development of
Oban specific information and/or processes
for enforcement and prosecution.  
MJS_001 MJS  
Is there a policy on
enforcement and
prosecution in place?
Satisfactory – the MSMS, Section 9.11 is titled
‘Enforcement Policy’.   
Observation – it is not clear if the ‘policy’
within the MSMS has been approved by the
Harbour Board and Duty Holder, nor is it clear
at what frequency this policy is reviewed.   
Recommendation – the policy is separated
from the body of the MSMS manual and
presented as part of a policy pack.  
MJS_001 MJS
2.26 Publication of
plans and
reports
Does the organisation
commit itself to developing
policies and procedures to
satisfy the requirements of
the Code? 
Satisfactory – this requirement is evidence
through the publication of PMSC policy and
plans on the Council’s website. 
https://www.arg
yll-
bute.gov.uk/mar
ine-safety-
management-
system 
MJS
2.27 Plan assessment Is an assessment of the
organisation’s performance
against the plan published?
Non-compliance – the ‘Marine Safety Plan’ for
the years 2018 to 2020 (the previous plan) has
not been assessed and the Organisation’s
performance published.  
Recommendation – a review of the
previous plan for the years 2018 to 2020 is
assessed and published.  
n/a MJS
2.28 Safety plan for
marine
operations
Is a ‘Safety Plan for Marine
Operations’ published
(every three years).   
Satisfactory – a signed and issued ‘Marine
Safety Plan’ approved by the Harbour Board
on 04 March 2021 is hosted on the Council’s
website.  The plan covers the years 2021 to
2023.   
MJS_002 MJS
2.29 Consensus Has the Harbour Board
maintained consensus with
harbour users?
See response in this Audit report, Section 2.17
on Consultation.     
n/a MJS
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ABPmer, November 2022, R.4006  | 23
PMSC / GtGP
Reference Subject Evidence Required 
For Compliance Evidence of Compliance Recommendation Evidence
Reference Auditor
2.30 – 2.32 Monitoring
compliance
Has the Harbour Authority
confirmed compliance with
the PMSC for the port to
the MCA within the last
three years?
Satisfactory – the Council wrote to the MCA
on 10/03/21 to confirm its current state of
compliance with the Code.  Letter evidenced. 
The DfT list of ports reporting compliance
does not include A&BC ports, harbours or
marine facilities.  This position has been taken
by the DfT, guidance by the MCA, as the
Council has confirmed it is not compliant at
the time of writing the letter but was working
towards full compliance in a number of key
areas, including: legislation review and
update, policy review, MSMS documentation
and creation of Standard Operating
Procedures (SOPs). 
MJS_023 
https://www.go
v.uk/governmen
t/publications/p
ort-marine-
safety-code-
compliant-
ports/port-
marine-safety-
code-
compliant-
ports-list 
MJS
GtGP 2.2.3
(also, Code
Executive
Summary)
Monitoring
compliance
Has the Harbour Authority
confirmed all organisations
with its jurisdiction comply
with the requirements of
the Code?
Satisfactory – there are no other
Organisations within the North Pier SHA area
operating marine facilities.  The South Pier
facilities are operated by CFL, on behalf of
CMAL, which has declared its compliance with
the Code.   
n/a MJS  
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Port Marine Safety Code - Audit: Oban (North Pier) 2022    Argyll and Bute Council
ABPmer, November 2022, R.4006  | 24
A.3 PMSC Section 3 – General Duties and Powers
PMSC / GtGP
Reference Subject Evidence Required 
For Compliance Evidence of Compliance Recommendations Evidence
Reference Auditor
3.1 – 3.4 Safe and
Efficient Port
Operations
Does the Duty Holder have
regard to efficiency,
economy and safety of
operation in respect to the
services and facilities
provided?
Satisfactory – a commitment to ‘safe and
efficient’ port operations is made in the MSMS
within the hydrographic policy and within
individual port, harbour and Pier Annexes. 
Checking of the pier and breakwater is part of
the pier asset inspection regime.   
MJS_001 MJS
3.5 Open port duty Is the port or harbour
subject to Open Port Duty’?
Satisfactory – Oban North Pier and South Pier
operates on the premise that an Open Port
Duty under Section 33 of the ‘Harbours, Docks
and Piers Clauses Act 1847’ is in place.   
MJS_001
MJS_002
MJS_005
MJS
3.6 – 3.6 Conservancy
duty
How does the harbour
authority conserve the
harbour?:
 Survey as necessary
 Place navigation marks
 Keep ‘vigilant watch’ for
any seabed changes
 Keep hydrographic
records
 Ensure hydrographic
information is published
 Update UKHO.  
Satisfactory – the MSMS, Section 10, details
the Harbour Authority’s approach to
conservancy.  This includes conservancy duty,
hydrographic survey policy, dredging, Aids to
Navigation (AtoN), wreck removal, dangerous
vessels and licensing marine works.  The last
bathymetric survey was conducted on 07 April
2021.  Information was passed by the survey
contractor to UKHO.  Evidence sighted. 
MJS_001
MJS_024
MJS_025
MJS
3.7 Updates
provided to
UKHO
Does the organisation have
an Agreement with UKHO,
and/or do they provide
survey information to
UKHO?
Satisfactory – a bilateral agreement between
A&BC and the UKHO is in place, dated
17 March 2017.   
MJS_026 MJS
GtGP 1.9.11,
and 7.8
Licensing,
Regulating
Harbour Works
and Dredging?
Does the harbour authority
have the power to licence
works?  
Satisfactory – there is no evidence that A&BC
as Harbour Authority at Oban has any powers
to licence marine works under its local Acts
and Orders.  There is no licence held for the
disposal of dredged material at sea.   
MJS_005 MJS
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ABPmer, November 2022, R.4006  | 25
PMSC / GtGP
Reference Subject Evidence Required 
For Compliance Evidence of Compliance Recommendations Evidence
Reference Auditor
3.8 Environmental
duty
Does the Organisation
understand its obligations:
 Nature conservation
Section 48A of Harbours
Act 1964
 Obligations for SPA, SACs
under Habitat Regs.  
 the Nature Conservation
(Scotland) Act 2004
Satisfactory – the MSMS, Section 11 is titled
‘Environmental Policy’ and Section 11.1.1
which provides four bullet points on plans,
procedures and policies.  Information
regarding Oban and its local habitat is
contained in the Oil Pollution Response plan.   
Observation – the environmental policy lacks
detail on how the obligations of the Harbour
Authority under national legislation are
delivered.   
Observation – practical measures for applying
the policy (in terms of procedures) are not
evident from the MSMS.   
Observation – training for staff on
environmental duties and associated policy
and procedures is not in place.   
Recommendation – the policy is separated
from the body of the MSMS manual and
presented as part of a policy pack with
improved information linking to obligations
under national legislation. 
Recommendation – develop procedures
and link to staff training to implement
environmental policy.   
Recommendation – development of a
standardised environmental training
delivery for port, harbour and pier
employees.  
MJS_001
MJS_030
MJS
3.9 Civil
Contingency
Duty 
Does the MSMS include
reference to the Harbour
Authority’s obligations as a
Category 2 responder? 
Satisfactory – the MSMS includes reference to
Civil Contingency duties within supporting
port, harbour and pier Annexes.   
MJS_001 MJS
GtGP 6.2.4,
6.5
Emergency
Planning /
Pollution
control
Does the MSMS include
emergency planning and oil
pollution response?
Satisfactory – an Oil Pollution Response Plan
is in place, which was approved by the MCA
on 04 December 2018 and is valid until the
27 November 2023.  The annual OPRC return
form was evidenced.  A&BC maintain a Critical
Activity Recover Plan (CARP) which
incorporates the Council’s Civil Contingency
duties.  Oban has an emergency plan,
covering Oban North Pier, Pontoons and
Oban Times Slip.  This was last published in
January 2022 as revision 3.   
MJS_027
MJS_029
MJS_046
MJS
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Port Marine Safety Code - Audit: Oban (North Pier) 2022    Argyll and Bute Council
ABPmer, November 2022, R.4006  | 26
PMSC / GtGP
Reference Subject Evidence Required 
For Compliance Evidence of Compliance Recommendations Evidence
Reference Auditor
Cont. 
GtGP 6.2.4,
6.5
Cont. 
Emergency
Planning /
Pollution
control
Does the port/harbour carry
out emergency plan
exercises?
Satisfactory – a training exercise for oil
pollution was carried out for A&BC in
Campbeltown on 23 November 2021, as
operation ‘Smerby’.  Evidence provided.  In
addition, locally, the Harbour Master in Oban
has kit musters and drills prior to each season
with seasonal staff.  Staff also practised
replacing a contaminated boom with a clean
boom whilst keeping any oil entrapped.   
Observation – annual exercises of both the Oil
Pollution Response Plan and the Emergency
Plan at Oban would be beneficial to schedule.   
Recommendation – the production of a
yearly planner to detail emergency
exercises.  
MJS_031
MJS_032 
MJS
3.10 – 3.11 Harbour
Authority
Powers review
Has the Harbour Authority
reviewed its powers?
See the audit report response in Section 2.3 –
2.6.   
n/a MJS
3.12 – 3.14 Revising Duties
and Powers
Evidence of Harbour
Revision Orders, or Harbour
Closure.  
Satisfactory – the last HRO was made in 1896,
a new HRO has been drafted and is open to
public consultation at the time of audit.   
MJS_005 
https://www.arg
yll-
bute.gov.uk/ne
ws/2022/jul/pub
lic-consultation-
municipal-
harbour-
authority-oban 
MJS  Page 149

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ABPmer, November 2022, R.4006  | 27
A.4 PMSC Section 4 – Specific Duties and Powers
PMSC / GtGP
Reference Subject Evidence Required 
For Compliance Evidence of Compliance Recommendations Evidence
Reference Auditor
4.2 Appointment of
Harbour Master
Is there a Harbour Master
appointment for the port?
Satisfactory – the MSMS identified the
Harbour Master’s role by name.   
Observation – at the time of audit there was
no evidence of an appointment letter for the
statutory role of Harbour Master or Deputy
Harbour Master made by the Harbour
Authority under relevant local Acts and
Orders.   
Recommendation – consider issuing a letter
of appointment for statutory roles, separate
to normal Human Resource (HR) letters.  
MJS_001 MJS
4.3 – 4.5 Byelaws Does the organisation have
powers to make Byelaws,
are these published?
Satisfactory – under Section 46 of the ‘Pier
and Harbour Orders Confirmation (No.5) Act
1896, Schedule 2, Oban Improvement and
Maintenance of Piers’, the Harbour Authority
may make Byelaws.  No Byelaws are known to
be issued.   
Observation – information on powers to make
Byelaws is not included in the MSMS Annex
on Oban.   
Recommendation – information describing
the powers of the Harbour Authority to
make Byelaws is included in the MSMS.  
MJS_005 MJS  
Date of last byelaw review? Not applicable – no Byelaws are known to be
issued.   
n/a MJS
4.6 – 4.7 Special
Directions
Are the Harbour Master’s
powers of Direction shown
in the MSMS, how is
delegation identified?
Satisfactory – the MSMS, Section 5.1.3.2, deals
with the topic of Special Direction as a high
level description stating: “Ports will monitor
vessel movements to ensure compliance with
all relevant bye-laws and General or Special
Directions as well as Pilotage Directions and,
where applicable, Local Notices to Mariners”.   
Observation – the MSMS Annex on Oban
does not provide information on how powers
of Special Direction are used for controlling
vessel movements.   
Recommendation – the MSMS Annex on
Oban should be expanded to include a
procedure for issuing Special Directions.  
MJS_002 MJS
4.8  General
Directions
Are the powers of General
Directions available to the
Harbour?
Not applicable – powers of General Direction
are not identified in the ‘Pier and Harbour
Orders Confirmation (No.5) Act 1896,
Schedule 2, Oban Improvement and
Maintenance of Piers’.     
MJS_005 MJS
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ABPmer, November 2022, R.4006  | 28
PMSC / GtGP
Reference Subject Evidence Required 
For Compliance Evidence of Compliance Recommendations Evidence
Reference Auditor
Cont.   
4.8 
Cont.   
General
Directions
When were General
Directions last reviewed?
Not applicable – powers of General Direction
are not available.     
n/a MJS
4.9 Harbour
Directions
Are Harbour Directions
used and published?
Not applicable – Harbour Directions have not
been applied for.   
n/a MJS
4.10
GtGP 6.4
Dangerous
Vessels
Does the MSMS (or other
plan) make provision for
giving directions to
dangerous vessels?
Satisfactory – the Harbour Master has powers
under the Dangerous Vessels Act 1985.  This is
laid out in the MSMS, Section 10.4.4.   
Observation – information relating to the
expected action for the Harbour Master in
respect of a dangerous vessel should be laid
out as a procedure.   
Recommendation – the creation of a
Standard Operating Procedure based
around actions a Pier or Harbour Master
should take in respect of a dangerous
vessel.  
MJS_001 MJS  
Is the role of the SOSREP
acknowledged?
Satisfactory – the ‘Secretary of State’
overruling the Harbour Master’s direction is
acknowledged in the MSMS, Section 5.1.3.4   
Observation – the term SOSREP is not
included in the MSMS.   
Recommendation – the term SOSREP
should be included with an explanation of
the role and how this operates in the UK.  
MJS_001 MJS
GtGP 6.2 Dangerous
Substances
Are there clear
requirements for
declaration of dangerous
goods/substances? 
Satisfactory – the declaration of dangerous
goods and substances is detailed in the
MSMS, Section 5.1.3.6.  The Council’s website
contains reporting forms for the declaration of
dangerous goods.   
Observation – the MSMS states that:
“Dangerous Substances in Harbour Areas
Regulations (DSHAR) 2016”.  The current
regulations are the ‘The Dangerous Goods in
Harbour Areas Regulations 2016 (DGHAR)’.   
Recommendation – updating the MSMS to
the latest regulation and acronym.  
MJS_001
MJS_042
MJS_043
MJS
GtGP 8.4 Vessel Traffic
Management
Is vessel traffic managed
within the port area, how is
this achieved? 
Satisfactory – vessel traffic is monitored and
managed through: 
 Visual observation and communications by
Very Hight Frequency (VHF), phone and
email.  
 An online calendar is used for CalMac, NLB
and A&BC bookings.
 A&BC bookings are split into two sections
(marina pontoons and pier).   
Observational MJS
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ABPmer, November 2022, R.4006  | 29
PMSC / GtGP
Reference Subject Evidence Required 
For Compliance Evidence of Compliance Recommendations Evidence
Reference Auditor
Cont. 
GtGP 8.4
Cont. 
Vessel Traffic
Management
Is vessel traffic monitoring
information passed to the
MCA by the quickest
means?  
Satisfactory – the Council has a CERS login,
evidence of a completed CERS logbook
provided for the ‘Lord of the Glens’.   
MJS_033 MJS  
Has the need for VTS/LPS
been reviewed recently?  
Satisfactory – the current method of vessel
traffic management has been arranged to
meet the demands of harbour use.  The
formal risk assessment for vessel traffic
management is a strategic action in the
Marine Safety Plan and is dated for
completion by 2023.  This strategic action
references MGN 401, (MCA, 2022).  The
harbour is staffed during winter between
08:00-16:00 hr, and summer between 08:00-
20:22 hr.  Every day except Christmas Day
(uses an on-call duty process out of hours).   
Observational MJS
GtGP 13.2.2 Drink and drugs Do staff know what to do if
they suspect that a mariner
(master, pilot, seaman) has
committed an offence
whilst on duty? 
Satisfactory – the MSMS references the
Railways and Transportation Safety Act
(RATSA) 2003.  The MSMS, Section 9.8 also
references actions to take if a crime has been
committed.  The Council also has a Drink and
Drugs Policy for its own staff.   
Observation – there is no specific instruction
on the actions to take if a professional
mariner is suspected of a drink or drugs
offence when on duty.   
Recommendation – the creation of a
procedure to inform the Authority’s officers
of their expected action for a drink or drugs
offence under the RATSA 2003.  
MJS_001 MJS
4.11 
GtGP 9.0
Pilotage Is the port a CHA? Not applicable – the Organisation is not a
Competent Harbour Authority.   
n/a MJS  
Has the requirement for
pilotage been reviewed?
Satisfactory – A&BC’s harbour operation at
Oban does not handle vessels of sufficient
size to require a Pilotage Service.  None of the
risk assessments for the harbour identify the
need for a Pilotage Service.   
MJS_011
MJS_012
MJS
4.12
GtGP 9.4
Pilotage
Directions
Are Pilotage Directions
issued?
Not applicable – the Organisation is not a
Competent Harbour Authority.   
n/a MJS
4.12
GtGP 9.4
Pilotage
Directions
Were stakeholders
consulted during the
drafting phase of the most
recent Pilotage Direction?
Not applicable – the Organisation is not a
Competent Harbour Authority.   
n/a MJS
4.13 
GtGP 9.4
Authorisation of
pilots
Is the process for
appointing Pilots
referenced in the MSMS?  
Not applicable – the Organisation is not a
Competent Harbour Authority.   
n/a MJS
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PMSC / GtGP
Reference Subject Evidence Required 
For Compliance Evidence of Compliance Recommendations Evidence
Reference Auditor
4.14
GtGP 9.4.31
Pilot Training Does the CHA implement
the International Maritime
Organisation (IMO)
resolution A960? 
Not applicable – the Organisation is not a
Competent Harbour Authority.   
n/a MJS
GtGP 9.5.43 Pilotage Does the authority operate
an effective Pilot Fatigue
Management System?
Not applicable – the Organisation is not a
Competent Harbour Authority.   
n/a MJS
4.15 – 4.16
GtGP 9.5
Pilot Exemption
Certificates 
Is a clear process for the
issuing of PECs published?
Not applicable – the Organisation is not a
Competent Harbour Authority.   
n/a MJS  
Are the requirements
equivalent to those for an
authorised pilot?
Not applicable – the Organisation is not a
Competent Harbour Authority.   
n/a MJS
GtGP 8.7.15 –
8.8.10
Port Passage
Plan
Is there a published
passage plan?
Satisfactory – information is included in the
Port of Scotland publication, the Reeds
Nautical Almanac and Marina Guide, and the
Admiralty List of Radio Signals (ALRS), Volume
6, which are up to date for Oban.    
ALRS, Volume 6 
Ports of
Scotland, 2022. 
Yearbook, 41st
Edition.  
MJS
GtGP 8.10 Recreational
navigation
Are recreational users of
the harbour considered?
Satisfactory – information is published on the
Oban North Pier Pontoons website.   
https://www.nor
thpierpontoons.
com/ 
MJS
4.17 – 4.20 Collecting Dues Are dues clearly defined? Satisfactory – charges (including dues) are laid
out on the Council’s website.  The process for
setting charges uses a benchmarking exercise
with other local ports.  Charges are increased
at the rate of inflation.   
https://www.arg
yll-
bute.gov.uk/fee
s/22/piers 
MJS
4.21-4.23 Aids to
Navigation
Are defects and
rectification of defects
recorded?
Satisfactory – as the Local Lighthouse
Authority (LLA) the following Aids to
Navigation are maintained: 
 2x CAT 2: Fixed Green Lights (vertical) on
middle Pier.  
 1x CAT 2: Flashing Green (5 seconds) on the
North Pier Pontoons.   
MJS_001 MJS
4.24 GLA returns Are returns made to the
GLA?
Satisfactory – the LATON three-year return for
A&BC identifies the availability return values
for the period April 2019 to April 2022 as: 
 Cat 2 = 99.84% (target is 99%)
 Cat 3 = 100% (target is 97%) 
Provision and maintenance of Aids to
Navigation is recognised as an area of best
practice.   
MJS_044 MJS
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ABPmer, November 2022, R.4006  | 31
PMSC / GtGP
Reference Subject Evidence Required 
For Compliance Evidence of Compliance Recommendations Evidence
Reference Auditor
4.25-4.32 Wrecks,
Abandoned or
unserviceable
vessels
Does the MSMS refer to
powers for dealing with
wrecks?
Satisfactory – the MSMS addresses wrecks
within the Conservancy section and with
respect to marking of wrecks.  The most
recent incident was the ‘Lady Evelyne’.   
Observation – the MSMS does not contain
specific information on dealing with wrecks,
derelict or abandoned vessels.   
Recommendation – the topic of wrecks,
derelict and abandoned vessels is covered
by a Harbour Authority procedure.  
MJS_001 
Anecdotal
MJS
GtGP
9.4.17 -9.4.21 
Pilot Launches  Do pilot boats meet
statutory requirements and
appropriate Codes?
Not applicable – the Organisation is not a
Competent Harbour Authority and therefore
has no requirement to operate a pilot boat.   
n/a MJS
GtGP - 10 Towage
Operations
Does the organisation
produce towage
guidelines?
Satisfactory – the MSMS, Section 13.1.1.6
addresses towage.   
Observation – the section on towage
addresses Campbeltown only.  There is no
comment on towage (either routine or non-
routine) at other A&BC ports, harbours or
piers.   
Recommendation – drafting of appropriate
towage guidelines for all A&BC ports,
harbours or piers.  
MJS_001 MJS  
Is there a process for
approving towage
providers?
Not applicable – there are no towage
providers in Oban Harbour.   
n/a MJS  
Are non-routine tows pre-
approved / managed by
the organisation?
Satisfactory – the MSMS, Section 13.1.1.6
addresses towage.   
MJS_001 MJS
GtGP 1.9.11 Licensing
Harbour Tugs?
Does the harbour authority
have the power to licence
tugs?  
Not applicable – there are no known powers
to licence tugs.   
n/a MJS
GtGP - 10.4 Diving
Operations
(commercial)
Is there a process for
managing commercial
diving?
Satisfactory – the MSMS, Section 13.1.1.7
addresses commercial diving in the harbour. 
A ‘Permission to Dive Permit’ for 26 August
2022 was evidenced.   
MJS_001
MJS_039
MJS
GtGP - 10.4 Diving
Operations
(recreational)
Is there a process for
managing recreational
diving?
Not applicable – there is no history of
recreational diving.   
n/a MJS
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ABPmer, November 2022, R.4006  | 32
PMSC / GtGP
Reference Subject Evidence Required 
For Compliance Evidence of Compliance Recommendations Evidence
Reference Auditor
GtGP - 6.7.3 Hot Work
Permits
Is there a process for
managing Hot Works?  
Satisfactory – the MSMS, Section 13.1.1.2
under ‘Mooring Operations’ states that:
“Where appropriate permission to undertake
Hot Work is required for any burning, welding,
flame cutting, heating by blow torch and
brazing, when it is being done outside the
engine room of a vessel.  All hot work activities
carried out by third parties and other
contractors in the port is controlled by a “Hot
Work Permit”.  There is no history of using the
‘Hot Work Permit’ at Oban.   
MJS_001 MJS
GtGP – 6.7.3 Bunkering Is there a process for
managing Bunkering?  
Satisfactory – the MSMS, Section 13.1.1.4
states that: “Bunkering may take place within
Harbour areas with approval of the Harbour
Master or his/her Assistant and Bunkering
Operations will follow an Approved Bunkering
Procedure provided by the Bunker Fuel
Supplier”.  A ‘Bunkering Safety Checklist’ for
22 August 2022 was evidenced.   
MJS_001
MJS_040
MJS
GtGP – 11.3,
11.4
Regulation of
Port Craft, Pilot
Launches and
Workboats
Does the Authority have a
procedure for regulating
port craft?
Satisfactory – the MSMS, Section 13.1.1.5 has
a detailed section on the expectations for
Boat Licensing.   
Observation – tour boats and workboats
routinely use the harbour.  There is currently
no method of obtaining assurance that craft
working commercial (i.e., not Council
activities) are operating their vessels in
accordance with relevant MCA codes.   
Recommendation – the Harbour Authority
considers the requirements of the Code
and GtGP (Section 11.3, 11.4) with respect
to regulating third party commercial
workboats and launches within its area of
jurisdiction and creates a registration
scheme for workboats using the Authority’s
area.
MJS_001 MJS  
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ABPmer, November 2022, R.4006  | 33
B Quayside Check
Visual observation of the Oban Times Slip, Pontoons and North Pier was undertaken during the site visit on the 06 September 2022.   
B.1 Quayside Check
Reference Subject Evidence Required 
For Compliance Observation Recommendations Auditor
PMSC 3.0
GtGP 8.11.19
ACOP 207-208
SIP 014
Access Is the quayside and its access
locations clear of debris and
obstructions?
Satisfactory – the Oban Times Slipway, marina
pontoons and North Pier were free from debris and
trip hazards.   
MJS
Pedestrian/Disabled access for
passengers or leisure users?
Satisfactory – walkways were clear on the Marina
Pontoons.  The slipway had no markings
(considered not to be required as a pedestrian
slipway only).  The North Pier had areas for vehicles
identified from pedestrian walkways, as an open
public space, the site is difficult to manage without
restricting access.   
MJS
Is the type and condition of
quayside surface appropriate
to the operation?
Satisfactory – the Oban Times Slipway, marina
pontoons and North Pier surface is appropriate to
its intended use.   
MJS
ACOP 211-223
SIP 014
Rescue and
Lifesaving
equipment (LSE) at
the water’s edge
Is there appropriate means of
egress from the water?
Satisfactory – the Oban Times Slipway is located on
the foreshore with access steps either side of the
slipway.  The marina pontoons had ample water
access and egress ladders installed.  The North Pier
had vertical ladders on the quay face with hand
grips at the cope level.   
MJS
Is there appropriate LSE at
quay edge?
Satisfactory – Life saving equipment (life rings)
were installed at the marina pontoons and North
Pier.   
Observation – there was no provision of a life ring
or other LSE at the Oban Times Slip.  See Image B1.   
Recommendation – installation of LSE at Oban
Times Slip, for example, a life ring.      
MJS
SIP 005 Bollards and
securing
equipment
Does the general condition of
bollards appear to be in good
order?
Satisfactory – the Oban Times Slipway had mooring
rings, set into the slipway, these were in good
condition.  The marina pontoons have cleats and
small sets of bollards.  North Pier mooring bollards
are of good quality and in the opinion of the
auditor, amble in size for the vessels handled.   
MJS
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ABPmer, November 2022, R.4006  | 34
Reference Subject Evidence Required 
For Compliance Observation Recommendations Auditor
Cont.   
SIP 005
Cont.   
Bollards and
securing
equipment
Cont.   
Does the general condition of
bollards appear to be in good
order?
Observation – mooring rings on the Oban Times
Slip may present a trip hazard.  See Image B1.  
Recommendation – that mooring rings, or area
around the mooring rings at the Oban Times Slip
are painted in a bright colour to aid their
identification.  
MJS  
Are the bollards numbered
and Safe Working Load (SWL)
shown?
Observation – the North Pier mooring bollards did
not have their SWL identified.  See Image B2.  
Recommendation – the SWL is marked on each
bollard.  
MJS  
Are additional bollards/rings
required?
Satisfactory – in the opinion of the auditor, ample
mooring rings on the Oban Times Slip, cleats and
bollards on the marina pontoons and bollards on
the North Pier are provided.     
MJS
SIP 005 Fenders Is the fendering appropriate to
the vessel being handled?
Satisfactory – fendering on the North Pier is vertical
plastic sections on timber, the condition of which is
considered to be good from visual observation. 
The Oban Times Slip does not have fendering, the
pontoons have edge protection.   
MJS
Is the condition of the
fendering in good order?
Satisfactory – all fitted fendering was observed to
be in serviceable condition.     
MJS
Are chaffing plates used? Satisfactory – chaffing plates and/or wood sections
are not used on the Oban Times Slip or pontoons. 
Wooden sections are used along the North Pier
edge.     
MJS
ACOP 232-235
SIP 005
SIP 014
Lighting Is lighting appropriate and
appear to be in compliance
with ACOP ‘safety in docs’ and
the PFSP?  
Satisfactory – there is ample lighting around all
berths at the North Pier and Pontoons.  The Oban
Times Slip is not used at night and has street
lighting only.   
MJS
ACOP 58-60 Layout Is adequate separation
delineated between quayside
operations?
Satisfactory – the pontoons have metal security
fencing used to manage cruise passengers under
International Ship and Port Facility (ISPS)
requirements.   
MJS
ACOP 82 Signage Is appropriate signs and
markings provided
Satisfactory – Oban Times Slip and the Marina
Pontoons have signage.   
Observation – signage at the North Pier to warn the
public of the working area of the quayside edge
was not evident.   
Recommendation – installing signage to warn
the public of the quayside edge and working
quayside area.    
MJS 
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ABPmer, November 2022, R.4006  | 35  
Image B1. Oban Times Slip, mooring rings and absent LSE Image B2. North Pier, bollard 
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