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Appendix A Designated Persons Annual Report

Argyll and Bute Council · 1 September 2022
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Argyll and Bute Council
Designated Person (PMSC)
Annual Report 2022
January 2022

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Designated Person (PMSC)
Annual Report 2022
January 2022
Source: Kilcreggan Pier, Copyright Gavin Walker, Pier Master

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Designated Person (PMSC) : Annual Report 2022  Argyll and Bute Council
ABPmer, January 2022, R.3827 | i
Document Information
Document History and Authorisation
Title Designated Person (PMSC)
Annual Report 2022
Commissioned by Argyll and Bute Council
Issue date January 2022
Document ref R.3827
Project no R/4952/01
Date Version Revision Details
14 January 2022 1.0 Issued for client review
Prepared
(Designated Person)
Approved
(Quality Manager)
Authorised
(Project Director)
Monty Smedley Adam Fitzpatrick Gordon Osborn
Suggested Citation
ABPmer, (2022).  Designated Person (PMSC), Annual Report 2022, ABPmer Report No. R.3827.
A report produced by ABPmer for Argyll and Bute Council, January 2022.
Notice
ABP Marine Environmental Research Ltd ("ABPmer") has prepared this document in accordance with the client’s instructions, for
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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
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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/ 
25 January 2022 2.0 Issued for client use

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Designated Person (PMSC) : Annual Report 2022  Argyll and Bute Council
ABPmer, January 2022, R.3827 | 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 .................................................................................................... 4
5 Designated Person Summary ................................................................................................ 5
6 References .................................................................................................................................... 5
7 Abbreviations/Acronyms ........................................................................................................ 5

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Designated Person (PMSC) : Annual Report 2022    Argyll and Bute Council
ABPmer, January 2022, R.3827  | 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 2021 and 31 December 2021.  
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 successful 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 2022    Argyll and Bute Council
ABPmer, January 2022, R.3827  | 2
2.1 Argyll and Bute Council and the Code
Argyll and Bute Council is both a Statutory Harbour Authority and a marine asset owner at facilities
located throughout the Council area.  The Council is the Statutory Harbour Authority at the following
locations: 
▪ 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’.   
The Council is the marine asset owner and, in most cases, operator at a further 35 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 2021: 
▪ 22 September 2021: Helensburgh Pier PMSC audit.
▪ 22 September 2021: Kilcreggan Pier PMSC audit.
▪ 23 September 2021: Dunoon Harbour PMSC audit.
3 Audit outcomes
The following section provides the outcome the audits as a comparison against the Code’s ten key
measures.  A red item indicates an aspect of the Code which is not being delivered, an amber indicates
an area which is acceptable but improvements could be made.  Green indicates a satisfactory
performance.   
Table 2  Helensburgh and Kilcreggan 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, Principal
Maritime Consultant at ABPmer as its Designated Person, the DP
provides an annual briefing to the Duty Holder and Board.   
3 Legislation Helensburgh and Kilcreggan Piers are marine facilities and do
not have their own local Acts and Orders.  The Marine Safety
Management System lists relevant national legislation.

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Designated Person (PMSC) : Annual Report 2022    Argyll and Bute Council
ABPmer, January 2022, R.3827  | 3
No Ten Key Measures Required for Successful Implementation of the Code  RAG
4 Duties and
Powers
Marine environmental policy lacks details, training for staff on
environment duties is not in place.  Oil pollution exercises at
Helensburgh or Kilcreggan Pier should be introduced.   
5 Marine Risk
Assessment
There are no marine risk assessments for either Helensburgh or
Kilcreggan Piers.  There is no documented stakeholder
engagement on marine risk assessments. 
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 either Helensburgh or Kilcreggan Piers. 
7 Review and
Audit
The Council has an internal audit structure in place.  There is no
evidence that either Helensburgh or Kilcreggan Piers have had a
scheduled internal audit.  Ad hoc assurance visits are made. 
8 Competence Pier staff qualifications were in-date and relevant for the role. 
The Council training matrix does not include the Kilcreggan Pier
Master or Pier Operatives. 
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 = 99.6% (target is
99.0%), Category 3 = 100% (target is 97.0%) 
Items of best practice noted from the Helensburgh and Kilcreggan Pier Audits include: 
▪ Provision of bathymetric surveys for the piers and their approaches is considered to be best
practice and a commitment by the Council’s in its duty of care for pier users.  
▪ An Oil Pollution Response Plan is in place, which has been approved by the MCA.  Given the
size of marine operations at Helensburgh and Kilcreggan Piers, a response plan is recognised
as an area of best practice.  
▪ At Kilcreggan Pier, the pedestrian access routes, on site management by the pier staff and
waiting area at a dedicated pier building makes for safe and efficient marine operations.  The
pier buildings have been newly refurbished, the layout and maintenance of the Kilcreggan Pier
is considered to be an area of best practice.   
Table 3  Dunoon 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, Principal
Maritime Consultant at ABPmer as its Designated Person, the DP
provides an annual briefing to the Duty Holder and Board.   
3 Legislation The Harbour Authority does not hold a copy of its local
legislation, specifically ‘The Pier and Harbour Orders
Confirmation Acts 1895 to 1906’.   
4 Duties and
Powers
Appointment letters for statutory roles are not in place. 
Incorporation of the ‘Harbour, Docks and Piers Clauses Act 1847
cannot be ascertained as local legislation is not held.

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Designated Person (PMSC) : Annual Report 2022    Argyll and Bute Council
ABPmer, January 2022, R.3827  | 4
No Ten Key Measures Required for Successful Implementation of the Code  RAG
5 Marine Risk
Assessment
Marine risk assessments for Dunoon are in place and current. 
The MSMS does no stipulate review frequency, nor does the
document address Dynamic Risk Assessment.   
6 Marine Safety
Management
System 
The Council produces a Marine Safety Management System
[version 11, May 2020].  The MSMS is presented as a manual and
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 Dunoon on
23 July 2021 and was a comprehensive check against the GtGP.   
8 Competence Harbour staff qualifications were in-date and relevant for the
role.  Central training records document Harbour Masters and
Assistants, other personnel are not included. 
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 = 99.6% (target is
99.0%), Category 3 = 100% (target is 97.0%) 
Items of best practice noted from the Dunoon Audit includes: 
▪ Provision and maintenance of Aids to Navigation is recognised as an area of best practice with
a 100% availability for Category 3 and 99.6% for Category 2 Aids.  
▪ All eight 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.  
▪ A set of 16 marine risk assessments are in place for the harbour, all assessments were in-date
at the time of audit.  Review dates are staggered throughout the year.  The hazard scenarios
cover a range of foreseeable eventualities based on current harbour activities and past
incidents.  This is considered to be an area of best practice.  
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 addressing each observation and non-compliance.  
4 Delivery Plan and Activities
During 2021, the Designated Person has attended the following: 
▪ Meetings:
o 04 March 2021: Designated Person presentation to the Harbour Board via MS Teams.  
o 17 March 2021: Council Harbourmasters’ meeting via MS Teams.
o 24 September 2021: Duty Holder site visit to Oban, Duty Holder briefing.

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Designated Person (PMSC) : Annual Report 2022    Argyll and Bute Council
ABPmer, January 2022, R.3827  | 5
▪ Training: 
o 14 May 2021: Duty Holder half-day training run via MS Teams.   
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 2022: Oban, Craignure, Fionnphort, Iona ferry slip, Bunessan.  
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 at least four Statutory Harbour Authorities and 35 marine facilities; all of
which are required to operate to the standard of the Port Marine Safety Code.  The audits, carried out
at one harbour and two piers during 2021, have identified that not all of the Code’s requirements are
met.  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 2021 audits exist at a Council
level.  The Audits also identified areas of best practice, including training provision for Duty Holders, the
active and timely update of marine risk assessments at Dunoon, and the attentive site management by
the pier staff at Kilcreggan.  
6 References
DfT, 2016.  Port Marine Safety Code.  Department for Transport (DfT) / Maritime and Coastguard
Agency (MCA), 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) / Maritime and Coastguard Agency (MCA),
February 2018.
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
UK United Kingdom 
Cardinal points/directions are used unless otherwise stated.
SI units are used unless otherwise stated.

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