Agenda reports pack
Argyll and Bute Council · 1 September 2022
Back to Argyll and Bute Harbour Board — 1 September 2022 and its agenda
Text extracted from the council's PDF. Layout and reading order may differ from the original.
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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 25 August 2022 NOTICE OF MEETING A meeting of the ARGYLL AND BUTE HARBOUR BOARD will be held ON A HYBRID BASIS BY MICROSOFT TEAMS AND IN THE COUNCIL CHAMBER, KILMORY, LOCHGILPHEAD on THURSDAY, 1 SEPTEMBER 2022 at 12:00 PM, or at the conclusion of the Environment, Development and Infrastructure Committee at 10.30am, whichever is the later, which you are requested to attend. Douglas Hendry Executive Director BUSINESS 1. APOLOGIES FOR ABSENCE 2. DECLARATIONS OF INTEREST 3. MINUTES (a) Argyll and Bute Harbour Board held on 3 March 2022 (Pages 3 - 4) (b) Special Argyll and Bute Harbour Board held on 4 August 2022 (Pages 5 - 6) 4. MARINE ASSET MANAGEMENT PLAN UPDATE (Pages 7 - 12) Report by Executive Director with responsibility for Roads and Infrastructure 5. PORT MARINE SAFETY CODE (Pages 13 - 118) Report by Executive Director with responsibility for Roads and Infrastructure 6. OBAN BAY UPDATE (Pages 119 - 122) Report by Executive Director with responsibility for Roads and Infrastructure REPORTS FOR NOTING 7. DRAFT HARBOUR BOARD WORKPLAN (Pages 123 - 124) Public Document Pack
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Argyll and Bute Harbour Board Councillor Robin Currie Councillor John Armour Councillor Jim Lynch Councillor Andrew Vennard Councillor Garret Corner Councillor Andrew Kain (Chair) Councillor Ian MacQuire Councillor Ross Moreland (Vice-Chair) Contact: Hazel MacInnes Tel: 01546 604269
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MINUTES of MEETING of ARGYLL AND BUTE HARBOUR BOARD held BY MS TEAMS on THURSDAY, 3 MARCH 2022 Present: Councillor Rory Colville (Chair) Councillor Robin Currie Councillor John Armour Councillor Jim Lynch Councillor Alastair Redman Councillor Alan Reid Councillor Richard Trail Councillor Andrew Vennard Also Present: Councillor Mary-Jean Devon Councillor Elaine Robertson Attending: Jim Smith, Head of Roads and Infrastructure Stuart McLean, Committee Manager Scott Reid, Marine Operations Manager Montgomery Smedley, Designated Person, Department of Transportation 1. APOLOGIES FOR ABSENCE There were no apologies for absence intimated. 2. DECLARATIONS OF INTEREST There were no declarations of interest. 3. MINUTES (a) Argyll and Bute Harbour Board - 2 September 2021 The Minutes of the meeting of the Argyll and Bute Harbour Board held on 2 September 2021 were approved as a correct record. (b) Special Argyll and Bute Harbour Board - 2 December 2021 The Minutes of the meeting of the Special Argyll and Bute Harbour Board held on 2 December 2021 were approved as a correct record. 4. OBAN BAY UPDATE The Harbour Board gave consideration to a report providing an update on the progress made since the decision taken at the Special Harbour Board meeting on 2 December 2021 in respect of Oban Bay and on the next steps which officers are required to undertake. Decision The Argyll and Bute Harbour Board noted the update provided in the submitted report. (Reference: Report by Executive Director with responsibility for Roads and Infrastructure Services dated 4 February 2022, submitted) 5. MARINE ASSET MANAGEMENT PLAN Page 3 Agenda Item 3a
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The Harbour Board gave consideration to a report providing an update on significant and major programmes including additional significant schemes currently being addressed within Argyll and Bute Council’s Marine Asset Management Plan. Decision The Argyll and Bute Harbour Board – 1. Noted the update on significant and major programmes currently being addressed within Argyll & Bute Council’s Marine Asset Management Plan. 2. Noted that £15.5 million worth of capital works were programmed for the financial year 2022/2023 plus any slippage brought forward from 2021/2022. (Reference: Report by Executive Director with responsibility for Roads and Infrastructure dated January 2022, submitted) 6. PORT MARINE SAFETY CODE The Harbour Board gave consideration to a report which provided an update on progress being made towards compliance with the Port Marine Safety Code (PMSC). The Designated Person made a presentation to the Harbour Board on the Designated Person’s Annual Report which was attached at Appendix A to the submitted report. Decision The Argyll and Bute Harbour Board thanked the Designated Person for his presentation and noted and endorsed the submitted report. (Reference: Report by Executive Director with responsibility for Roads and Infrastructure dated February 2022, submitted) 7. HARBOUR BOARD WORKPLAN The Harbour Board Workplan was before the Harbour Board for noting. Decision The Argyll and Bute Harbour Board noted the content of the Workplan. (Reference: Argyll and Bute Harbour Board Workplan as at March 2022, submitted) Page 4
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MINUTES of Special MEETING of Argyll and Bute Harbour Board held on a Hybrid basis by MS TEAMS and in the COUNCIL CHAMBER, KILMORY, LOCHGILPHEAD on Thursday, 4 August 2022 Present: Councillor Andrew Kain (Chair) Councillor Jim Lynch Councillor Andrew Vennard Councillor Garret Corner Councillor Ian MacQuire Councillor Ross Moreland Attending: Jim Smith, Head of Roads and Infrastructure Services Scott Reid, Marine Operations Manager Stuart McLean, Committee Manager Fergus Gillanders, Oban Community Harbour Development Association Phil Hammerton, Oban Community Harbour Development Association Ross Wilson, Oban Community Harbour Development Association 1. APOLOGIES FOR ABSENCE Apologies for absence were received from Councillor John Armour. DEPUTATION The Chair intimated that a request for a deputation by Oban Community Harbour Development Association to be heard by the Harbour Board had been received. It was unanimously agreed to hear this deputation prior to item 3 of the Agenda. 2. DECLARATIONS OF INTEREST There were no declarations of interest intimated. The Harbour Board heard a deputation on behalf of Oban Community Harbour Development Association who spoke in relation to the establishment of a municipal port which is dealt with at Item 4 of these Minutes. 3. OBAN BAY DEVELOPMENT / NORTH PIER EXTENSION PROPOSALS The Harbour Board gave consideration to a report proposing to progress a business case, for future consideration by the Harbour Board, for the extension of North Pier as a commercial development opportunity providing much needed additional berthing. Decision The Argyll and Bute Harbour Board agreed to a business case being progressed to determine the viability of an extension to the North Pier, Oban. (Reference: Report by Executive Director with responsibility for Roads and Infrastructure dated June 2022, submitted) Page 5 Agenda Item 3b
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4. OBAN BAY UPDATE The Harbour Board gave consideration to a report providing an update on the progress made since the decision of the Special Harbour Board meeting in December 2021 and the previous update to the Harbour Board in March 2022 in respect of Oban Bay. Decision The Argyll and Bute Harbour Board noted the update provided in the submitted report. (Reference: Report by Executive Director with responsibility for Roads and Infrastructure dated June 2022, submitted) At the conclusion of meeting the Chair thanked OCHDA representatives for their deputation and confirmed that he was looking forward to working with all stakeholders to further develop the project. Page 6
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ARGYLL AND BUTE COUNCIL ARGYLL AND BUTE HARBOUR BOARD ROADS AND INFRASTRUCTURE SERVICES 1 SEPTEMBER 2022 MARINE ASSET MANAGEMENT PLAN UPDATE 1.0 EXECUTIVE SUMMARY 1.1 This report provides Members with a further update on significant and major programmes currently being addressed within Argyll and Bute Council’s Marine Asset Management Plan and follows from the update provided in March 2022. 1.2 Capital works for the financial year 2022 / 2023 are currently valued at £15.5 million, plus works continuing this year from last year’s programme. 1.3 Specifically, this report provides a further update on the following ongoing projects: Craignure Long Term plan for a new terminal and marshalling area; Rothesay Harbour o Pontoons in the inner harbour area; and o Piling and grouting works Iona & Fionnphort breakwaters and overnight berthing facility. 1.4 The report also provides a summary of additional significant schemes included in the longer-term Asset Management Plan. RECOMMENDATIONS: Members of the Harbour Board are asked to:- a) Consider this update on significant and major programmes currently being addressed within Argyll and Bute Council’s Marine Asset Management Plan. b) Note that £15.5 million worth of capital works are programmed for the financial year 2022 / 2023 plus works continuing this year from 2021 / 2022. Page 7 Agenda Item 4
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ARGYLL AND BUTE COUNCIL ARGYLL AND BUTE HARBOUR BOARD ROAD AND INFRASTRUCTURE SERVICES 1 SEPTEMBER 2022 MARINE ASSET MANAGEMENT PLAN 2.0 INTRODUCTION 2.1 This report provides Members with an update on significant and major programmes currently being addressed within Argyll and Bute Council’s Marine Asset Management Plan and follows from the update provided in March 2022. 3.0 RECOMMENDATIONS 3.1 Members of the Harbour Board are asked to:- a) Consider this update on significant and major programmes currently being addressed within Argyll and Bute Council’s Marine Asset Management Plan. b) Note that £15.5 million worth of capital works are programmed for the financial year 2022 / 2023 plus works continuing this year from 2021 / 2022. 4.0 DETAIL 4.1 Argyll and Bute Council’s Marine Infrastructure Asset Management Plan includes projects across the entire Council region. Many involve upgrades to Council infrastructure required for planned CFL / CalMac (CalMac) ferry service improvements and we continue to have close liaison with Transport Scotland, CMAL and CFL (CalMac) to ensure lifeline services are prioritised and resources are targeted accordingly. The work carried out to support ferry traffic is generally financed through fees and charges which are used to service loans charges for capital borrowing. 4.2 An update is provided below on some of the significant schemes listed in the Asset Management Plan to provide Members with an indication of progress, in particular: Craignure Long Term plan for a new terminal and marshalling area; Rothesay Harbour’ o Pontoons in the inner harbour area; and Page 8
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o Piling and grouting works Iona & Fionnphort breakwaters and overnight berthing facility. 4.3 The programme for the 2022 / 2023 financial year includes works continued from the previous year. The reasons for the delays are summarised below:- Craignure Long Term plan, due to extended consultation and adapted options closer to the existing infrastructure. Rothesay Harbour o Pontoons, due to unexpected ground conditions which led to new plans being developed for the piling part of the works. o Piling and grouting, due to tender issues and risk uncertainties. Iona & Fionnphort breakwaters and overnight berthing, due to licencing and Environmental Impact Assessment issues. 4.4 Argyll and Bute Council’s Asset Management Plan covers a 10-year period on a rolling year by year basis and includes new or recent projects still in a design stage or without committed funding which include:- Dunoon and Kilcreggan infrastructure and terminal upgrades to improve resilience and redundancy for the CFL ferry service to / from Gourock. Port Askaig new marshalling area to facilitate increased capacity of CFL ferry services to the port. This work is included in the Levelling Up Fund (LUF) bid recently submitted to the UK Government. Craignure Passenger Access System (PAS) renewal which replaces the existing PAS due to life expiry of the current equipment. 4.5 Craignure Long Term Plan for a new terminal and marshalling area Argyll and Bute Council have worked closely with Craignure Marine Infrastructure Liaison Group (CMILG) on two preferred option drawings which have now been shared with Transport Scotland, CMAL and CFL for review and comment. These stakeholders have now reported back with comments, and we are now intending to hold a further meeting with all parties to agree a single preferred option \ location. Next phase works which include detailed design, Financial Business Case, Ground Investigations (GI) and tender compilation is estimated in the region of £2.5 million. A further meeting of the CMILG will take place at the earliest convenience to ensure that stakeholders are updated on progress and to provide an opportunity for stakeholders to input to the project’s development. 4.6 Rothesay Harbour: Pontoons in the inner harbour During works by TMS Marine Ltd unexpected ground conditions caused a delay in the deployment of the piles on site. Argyll and Bute Council undertook a ground investigation (GI) survey to assist with planning a solution to the issues including the possibility of rock socketing the piles. The works are now well progressed with piles and pontoons in place and commissioning taking place imminently. Page 9
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4.7 Rothesay Harbour: Piling and grouting works Following a review of design and construction methods by AECOM, re-tendering for these phase two works was issued in September 2021 without success. A further review is currently underway to determine the best way forward to ensure the works can take place safely and efficiently with minimal disruption to the CFL / CalMac ferry service. These works are currently valued at £4.1 million. 4.8 Iona & Fionnphort breakwaters and overnight berthing facility Environmental Impact Assessment (EIA) was expected in October 2021 but was delayed initially by lack of response by Marine Scotland and an unexpected discovery of (protected) sea grass within the proposed breakwater’s location. We expect to continue the programme with mitigations in place and work is continuing with our consultants and design team to determine what issues remain and what measures are required to resolve them. Infrastructure Design are continuing designs and detailed drawings for the overnight berthing options at Fionnphort, with works anticipated to commence subject to planning and Marine Scotland approval. Possible in scope vessel design information with electrical charging and crew access requirements from CMAL have aided in the design process. Visualisations have been produced to aid the further consultations with the public. Infrastructure Design are now incorporating a solid berthing facility at Fionnphort in the design options. Initial construction and associated works are currently valued at c. £5 million for each location. 4.9 Dunoon & Kilcreggan infrastructure upgrade Argyll and Bute Council Marine Services has commissioned Mott MacDonald Ltd. (in partnership with Stantec UK Ltd.) to support the preparation of an Outline Business Case (OBC) for the redevelopment of the passenger only service infrastructure at Dunoon and Kilcreggan Ferry Terminals. The Dunoon and Kilcreggan OBC is one of three work streams under the overarching 'Gourock, Dunoon, Kilcreggan Infrastructure and Vessel Project’. The project is being completed in line with Transport Scotland's Business Case methodology and has now reached the stage of public and wider stakeholder consultation on the emerging preferred options for both Dunoon and Kilcreggan. This consultation was postponed during the election period to allow for Elected Member participation in this important stage. Funding options will be explored when the plan’s costs can be narrowed to a single confirmed preferred option for each location but may be expected to be in the region of £7 million for Dunoon and between £6 million to £10 million for Kilcreggan. 4.10 Port Askaig marshalling area To accommodate the latest vessel design and deployment being proposed by Transport Scotland and CMAL for this route our internal engineering design team, Infrastructure Design, are progressing outline designs, programme and costs for additional marshalling facilities to accommodate the increased capacity and Page 10
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therefore vehicle numbers, particularly freight traffic associated with spirit production. Argyll and Bute Council is in preliminary discussions with the land owner’s Factors for two possible locations near the port and work is expected to commence this year to be ready for the new vessels in September 2023. A new Islay Project Coordination Group has been established with Argyll and Bute Council, Transport Scotland, CFL / CalMac and CMAL to coordinate projects with planned works at Port Ellen, vessel requirements and enabling works. The value of the works may be in the region of £2 million and are included in the LUF bid recently submitted to the UK Government. 4.11 Craignure Passenger Access System (PAS) The existing Passenger Access System (PAS) at Craignure was out of service in February 2021 due to safety concerns and while the necessary risk assessments and modifications were completed. CMAL has been clear that the PAS is now close to the end of its operational lifespan and that the modifications are merely a stay regarding decommissioning. Royal Haskoning has been engaged by Argyll and Bute Council to develop tender documentation and design specs for a compliant replacement PAS at the existing terminal location. CFL / CalMac have provided an extensive list of potential in scope vessels which include short, long term and contingency options with the aim of maximising options as to the potential future use of the PAS when the Long-Term Option for Craignure has been completed. The works are estimated to be in the region of £2.5 million with funding options to be explored. 5.0 CONCLUSION 5.1 This report provides Members with an update on various marine infrastructure projects from the Argyll and Bute Council’s Marine Asset Management Plan, some future projects in development and an estimated value for the works planned for this year. 6.0 IMPLICATIONS 6.1 Policy – None directly arising from this report 6.2 Financial – The increases to fees and charges proposed at the December 2021 Harbour Board will ensure that future income is sufficient to maintain and develop Argyll & Bute Council marine assets for the coming year. Further increases or alternative funding routes will be required to sustain the proposed projects in future years. 6.3 Legal – Considered to be none directly arising from this report. 6.4 HR – None. Page 11
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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 – See ‘Risk’ below. 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 - Completed works will reduce repair and maintenance requirements. 6.8 Customer Service – Overall improvement to travel reliability, experience and quality of journeys. Executive Director with responsibility for Roads and Infrastructure Services: Kirsty Flanagan Head of Roads and Infrastructure Services: Jim Smith Policy Lead for Roads and Transport: Councillor Andrew Kain August 2022 For further information contact: Scott Reid, Marine Operations Manager. Tel: 01546 604696 Jim Smith, Head of Roads & Infrastructure Services. Tel: 01456 604324 Page 12
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ARGYLL AND BUTE COUNCIL ARGYLL AND BUTE HARBOUR BOARD ROADS AND INFRASTRUCTURE SERVICES 1 SEPTEMBER 2022 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) and follows from the report to the Harbour Board in March 2022. 1.2 The primary role of the Designated Person is to provide independent assurance regarding the operation of the Marine Safety Management System and in September 2021 Assurance Audits were carried out at Helensburgh Pier, Kilcreggan Pier and Dunoon Harbour. 1.3 The Port Marine Safety Code uses ten key measures as a baseline with which to compare compliance. Three of these key measures were identified by the Designated Person as not being met at Helensburgh and Kilcreggan, while four were identified at Dunoon. This report summarises the measures being taken to eradicate the deficiencies. 1.4 The Designated Person will hold Duty Holder training for Members of the Harbour Board on 5th September 2022. 1.5 The next scheduled external Assurance Audits by the Designated Person are planned for 6th September 2022 in Oban. 1.6 An Internal Audit has been carried out in Oban to aid in the preparations for the External Assurance Audit by the DP. RECOMMENDATIONS 1.7 Members of the Harbour Board are asked to consider and endorse this report. Page 13 Agenda Item 5
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ARGYLL AND BUTE COUNCIL ARGYLL AND BUTE HARBOUR BOARD ROADS AND INFRASTRUCTURE SERVICES 1 SEPTEMBER 2022 PORT MARINE SAFETY CODE 2.0 INTRODUCTION 2.1 This report provides an update on the progress being made towards compliance with the Port Marine Safety Code (PMSC) and follows from the report made to the Harbour Board in March this year. 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 compared. 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 The PMSC uses ten key measures as a baseline with which to compare compliance. Three of these key measures were identified by the Designated Person as not being met at Helensburgh and Kilcreggan, while four were identified at Dunoon. 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’ at Helensburgh & Kilcreggan and also three examples of ‘Best Practice’ at Dunoon Harbour. 2.6 The DP will next audit Oban Harbour which is planned for 6th September 2022. 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 was agreed earlier this year and progress is being maintained. 3.0 RECOMMENDATIONS 3.1 Members of the Harbour Board are asked to consider and endorse this report. Page 14
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4.0 DETAIL BACKGROUND 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 22nd September 2021 the DP carried out an Assurance Audit at Helensburgh Pier and Kilcreggan Pier, attended by the Marine Operations Manager Scott Reid and Pier Master Gavin Walker. The DP report found three measures were not being fully met and that there were three areas of ‘Best Practice’. 4.3 On 23rd September 2021, the DP carried out an Assurance Audit at Dunoon Harbour attended by the Marine Operations Manager Scott Reid and Harbour Master Paul Lambert. The DP report found that four measures were not being fully met and that there were three areas of ‘Best Practice’ Members should note that it is not unusual for measures not being fully met. The PMSC Assurance Audit process is designed to provide a process of continuous improvement and learning. 4.4 Remedial Measures Action Plan:- Page 15
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Item No Deficiency Remedy Status Deadline 3 Not holding copies of the Harbour Orders legislation Locate the relevant legislation and ensure copies held by Argyll & Bute Council legal team and local harbour offices. Copies obtained from Parliamentary archives. Good Progress, Completed by March 2023 4 Appointment letters for Statutory Positions (Harbour Masters) Issue Argyll & Bute Council appointment letters to Harbour Masters quoting relevant legislation Appointment letters to be issued for all Harbour Masters with reference to the appropriate legislation. Good Progress Completed by March 2023 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 is 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 assisting with software set up of ‘Location tabs’. MSMS wide review and systematic ‘Masters Review of MSMS’ as a fixed agenda item on Harbour Masters Safety Meetings. Dynamic Risk Assessment ‘Cards’ to be printed and issued to harbours for use in ‘On site On day’ Toolbox talks and Risk Assessment. Completed by March 2023 Page 16
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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. Wide review of MSMS format and structure is ongoing. Ongoing work – Reissue for approval by March 2023 9 MSP not assessed and performance published. Marine Safety Plan to be assessed and performance published. Targets and performance criteria to be reviewed and developed. Completed and published by March 2023 Page 17
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4.5 It is Argyll & Bute Council’s objective to achieve full compliance with the Code and to this end the advice from the DP is being closely followed. 4.6 Ongoing actions towards compliance can be summarised as follows: Investigations and representations have resulted in copies of the relevant legislation being obtained from Parliamentary Archives. Appointment letters are being issued for all Harbour Masters with reference to the appropriate legislation. Risk Assessment and Dynamic Risk Assessment database being addressed. MARNIS database set up with all major ports and harbours. Wide review and reorganisation of the MSMS format and structure. Targets and Performance criteria being developed to measure effectiveness. The results to be published on the Argyll and Bute Council webpage. 4.7 Internal audits are also carried out to assist in the identification and eradication of any deficiencies as a priority. These actions will be evaluated during the external audit process which will continue in September 2022 at Oban. 4.8 An Internal Audit was carried out at Oban in August in preparation for the External Audit with the report to follow. 4.9 Argyll and Bute Council Harbour Board Duty Holder Training recommended by the Code is planned to take place in Oban on 5th September 2022. This training will be undertaken by the DP. 5.0 CONCLUSION 5.1 This report provides Members with an update on the progress towards full compliance with the PMSC. Further updates will continue as the auditing process continues. 6.0 IMPLICATIONS 6.1 Policy - None directly arising from this report. 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. 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. Page 18
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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 APPENDICES Appendix A Designated Person Annual Report 2022 Appendix B Audit Report – Helensburgh & Kilcreggan Piers November 2021 Appendix C Audit Report – Dunoon Harbour October 2021 Page 19
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Argyll and Bute Council Designated Person (PMSC) Annual Report 2022 January 2022 Page 21
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Designated Person (PMSC) Annual Report 2022 January 2022 Source: Kilcreggan Pier, Copyright Gavin Walker, Pier Master Page 22
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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.
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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 Page 24
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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. Page 25
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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. Page 26
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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. Page 27
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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. Page 28
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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. Page 29
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Argyll and Bute Council Port Marine Safety Code Audit: Helensburgh & Kilcreggan Piers 2021 November 2021 Page 31
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Port Marine Safety Code - Audit: Helensburgh & Kilcreggan Piers 2021 Argyll and Bute Council
ABPmer, November 2021, R.3730 | i
Document Information
Document History and Authorisation
Title Port Marine Safety Code
Audit: Helensburgh & Kilcreggan Piers 2021
Commissioned by Argyll and Bute Council
Issue date November 2021
Document ref R.3730
Project no R/4952/01
Date Version Revision Details
19 October 2021 1 Issued for client review
11 November 2021 2 Issued for client use
Authorised
(Designated Person)
Approved
(Quality Manager)
Authorised
(Project Director)
Monty Smedley Will Fellows Gordon Osborn
Suggested Citation
ABPmer, (2021). Port Marine Safety Code, Audit: Helensburgh & Kilcreggan Piers 2021, ABPmer Report No. R.3730.
A report produced by ABPmer for Argyll and Bute Council, November 2021.
Authors
M.J. Smedley
Notice
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Port Marine Safety Code - Audit: Helensburgh & Kilcreggan Piers 2021 Argyll and Bute Council ABPmer, November 2021, R.3730 | ii Contents 1 The Port Marine Safety Code ................................................................................................ 1 1.1 About the Harbour Authority ................................................................................................................. 2 2 Purpose and Method ............................................................................................................... 3 2.1 Audit purpose and scope ......................................................................................................................... 3 2.2 Audit definitions and outcomes ............................................................................................................ 3 2.3 Audit date and criteria .............................................................................................................................. 4 2.4 Auditors........................................................................................................................................................... 4 2.5 Auditees .......................................................................................................................................................... 4 3 Audit Summary ........................................................................................................................... 5 4 References .................................................................................................................................... 7 4.1 Websites ......................................................................................................................................................... 7 5 Abbreviations/Acronyms ........................................................................................................ 8 Appendices A Detailed Audit Findings ........................................................................................................ 11 A.1 PMSC Section 1 – Accountability for Marine Safety .................................................................. 11 A.2 PMSC Section 2 – Key Measures Needed to Secure Marine Safety .................................... 14 A.3 PMSC Section 3 – General Duties and Powers ............................................................................. 21 A.4 PMSC Section 4 – Specific Duties and Powers ............................................................................. 24 B Quayside and Mooring ......................................................................................................... 30 B.1 Quayside Observations: Helensburgh Pier and Slipways ......................................................... 30 B.2 Quayside Observations: Kilcreggan Pier ......................................................................................... 33 B.3 Mooring Operations ............................................................................................................................... 35 Images Image B1. Helensburgh Pier, mooring bollard .................................................................................................. 32 Image B2. Helensburgh Pier, derelict decking section ................................................................................... 32 Page 35
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Port Marine Safety Code - Audit: Helensburgh & Kilcreggan Piers 2021 Argyll and Bute Council ABPmer, November 2021, R.3730 | 1 1 The Port Marine Safety Code The Port Marine Safety Code (‘the Code’) sets out a national standard for every aspect of port marine safety. Its aim is to enhance safety for everyone who uses, or works in, the UK port marine environment. It is authored by the UK Government, supported by the devolved administrations and representatives from across the maritime sector and, whilst the Code is not mandatory, these bodies have a strong expectation that all harbour authorities will comply. The Code is applicable both to Statutory Harbour Authorities and to other marine facilities, which may not have statutory powers; these are collectively referred to throughout the Code as ‘organisations’ (DfT, 2016). In reading this audit report, the Council and Duty Holder should note the following extract from the Code: “The Code does not contain any new legal obligations but includes (amongst other things) references to the main legal duties which already exist. Failure to comply is not an offence in itself. However, the Code represents good practice as recognised by a wide range of industry stakeholders and a failure to adhere to good practice may be indicative of a harbour authority being in breach of certain legal duties. Moreover, the organisation may suffer reputational damage if it has publicly committed to the Code’s standards and then fails to meet them.” (DfT, 2016) In order to measure compliance with the Code, the table below sets out the 10 Duty Holder responsibilities, and corresponding cross-references with sections of the Code, which this audit has considered. No PMSC Duty Holder Responsibilities PMSC Section Reference 1 Duty Holder Formally identify and designate the Duty Holder, whose members are individually and collectively accountable for compliance with the Code and their performance in ensuring safe marine operations in the harbour and its approaches. 1.6-1.8, 1.10, 1.16-1.17 2 Designated Person A ‘Designated Person’ must be appointed to provide independent assurance about the operation of the marine safety management system. The designated person must have direct access to the Duty Holder. 1.11-1.12 3 Legislation The Duty Holder must review and be aware of their existing powers based on local and national legislation; seeking additional powers if required in order to promote safe navigation. 2.3-2.6, 4.3-4.5 4 Duties and Powers Comply with the duties and powers under existing legislation as appropriate. 1.3-1.5, 1.9, 1.13-1.15, 3.1-3.14, 4.2, 4.6-4.20, 4.25-4.32 5 Risk Assessment Ensure all marine risks are formally assessed and are eliminated or as low as reasonably practicable in accordance with good practice. 2.7-2.11 6 Marine Safety Managemen t 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 Page 36
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Port Marine Safety Code - Audit: Helensburgh & Kilcreggan Piers 2021 Argyll and Bute Council ABPmer, November 2021, R.3730 | 2 1.1 About the Harbour Authority Argyll and Bute Council is the marine facility owner and operator for the Helensburgh Pier and adjacent slipways, and the Kilcreggan Pier on the Rosneath Peninsula. These marine facilities are not Statutory Harbour Authorities (SHA) in their own right, Helensburgh sits within the ‘Clyde Dockyard Port of Gareloch and Loch Long’ (which is a Queen’s Harbour Master Dockyard Port) and Kilcreggan sits within the SHA for Clydeport which is a privately owned Harbour Authority operated by Peel Ports. Helensburgh Pier was built in 1860 and is a 245 m pier, with a L-Shaped jetty head, with a wide pier leading to a car park. The pier has two slipways, one on either side at the root of the pier. The pier has not accepted vessel since 2020 when the berthing area and access steps were restricted in use with pedestrian railings added and access steps removed or blocked off. A fire in the 1970s on the pier destroyed the previous pier building, leaving the pier decking in one area in a derelict condition. The derelict section has security fencing to prevent public access. Helensburgh Pier is not staffed but is inspected by the Kilcreggan Pier Master on a scheduled basis. Kilcreggan Pier provides berthing and passenger access for the ferry service connecting Gourock with Kilcreggan. The original pier was built in 1850 and was replaced by the current pier in 1897. The ferry assigned to this route is the 19.5 m Motor Vessel (MV) Chieftain which is operated by CalMac Ferries Ltd (CFL). The vessel provides a service for foot passengers, with a summer schedule, Monday to Friday, from circa 06:50 to 18:45 hr; with reduced hours service on Saturday. Kilcreggan Pier is permanently staffed with a Pier Master and Pier Operatives. Page 37
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Port Marine Safety Code - Audit: Helensburgh & Kilcreggan Piers 2021 Argyll and Bute Council ABPmer, November 2021, R.3730 | 3 2 Purpose and Method 2.1 Audit purpose and 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 port auditing to establish if the requirements of the Code are being met at each of A&BC’s ports, harbours and piers. Each facility will be audited as a rolling programme. The scope of each audit requires an on-site visit. The purpose of the site visit is to review the port, harbour or pier’s marine safety management system, vessel traffic management and mooring operations. The detailed audit topic list is drawn from the latest edition of the Code and laid out in Appendix A of this report. 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, addressed 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. Page 38
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Port Marine Safety Code - Audit: Helensburgh & Kilcreggan Piers 2021 Argyll and Bute Council ABPmer, November 2021, R.3730 | 4 2.3 Audit date and criteria The audit was carried out on-site at Helensburgh Pier and Kilcreggan Pier on the 22 September 2021. 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 Auditors The following auditors conducted this audit. Team Member Initials Company, Designation Monty Smedley MJS ABPmer, Principal Maritime Consultant Lead Auditor for Quality Management Systems (QMS ISO 9001) Designated 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 Gavin Walker GW Kilcreggan & Helensburgh Pier Master Julie Hendry JH Marine Operations – Admin Officer Scott Reid SR Marine Operations Manager Page 39
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Port Marine Safety Code - Audit: Helensburgh & Kilcreggan Piers 2021 Argyll and Bute Council ABPmer, November 2021, R.3730 | 5 3 Audit Summary Number Key Measures Ten-point ‘health check’ 1 Duty Holder 0 2 5 2 Designated Person 0 2 2 3 Legislation 0 0 1 4 Duties and Powers 0 16 26 5 Risk Assessment 4 1 1 6 MSMS 1 4 8 7 Review and Audit 0 1 3 8 Competence 0 9 3 9 Plan 1 0 2 10 Aids to Navigation 0 1 2 Total 6 36 53 The summary presented in the above table identifies that, for the ten-point health-check, Argyll and Bute Council as the marine facility owner and operator of Helensburgh and Kilcreggan Piers is found not to be fully compliant with the requirements of the Port Marine Safety Code. The following non- compliances were recorded: There are no marine risk assessments for Helensburgh or Kilcreggan Piers. There is no documented stakeholder engagement with marine risk assessments. 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 default one-year review frequency. Users may set their own review frequency. The MSMS does not address dynamic risk assessment [see the GtGP (DfT, 2018) Section 4.4]. 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. Whilst A&BC produces a Marine Safety Management System (MSMS) [referenced as version 11, dated May 2020]; there is no Annex for either Helensburgh or Kilcreggan Piers. The MSMS Manual is applicable to marine operations at all locations. The specific processes and procedures relevant to the pier operations at Helensburgh and Kilcreggan are not included within a dedicated Annex as they are for other ports, harbours and piers operated by A&BC. The PMSC audit identified 36 observations relating to improvement opportunities for management consideration, the detailed findings being presented in Appendix A. Marine operations and quayside checks were also carried out, 3 observations were identified, the detailed findings being presented in Appendix B. The following points identify the more significant items: The A&BC training matrix does not include the Kilcreggan Pier Master or Pier Operatives. Incidents are not logged into MARNIS as there is no specific database for Helensburgh or Kilcreggan. Page 40
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Port Marine Safety Code - Audit: Helensburgh & Kilcreggan Piers 2021 Argyll and Bute Council ABPmer, November 2021, R.3730 | 6 Helensburgh and Kilcreggan Piers have not received internal audits, it is recommended that internal audits at piers should be factored into the internal audit schedule for A&BC. The Kilcreggan Pier webpage on A&BC’s website links a third party ‘UK Ports and Harbours’ page which has out of date contact information. There is no contact information for Kilcreggan Pier in the Admiralty List of Radio Signals (ALRS) volume 6. As the pier is permanently staffed, providing contact information would be advantageous. The ‘Rates on vessels’ covers all of A&BC’s marine facilities (both statutory and non-statutory). Note 2 of the port-and-harbours-rates page’ states that: “All vessels are liable for dues at the Basic Rate”. Helensburgh and Kilcreggan Piers are not Statutory Harbour Authorities, powers to charge for use of the facility is expected, however powers to levy dues are not available. The MSMS contains various sections of national guidance, some of which are generic in nature and not tailored to A&BC’s specific circumstances. The MSMS should be fully reviewed to remove extraneous information and provide tailored procedures to each port, harbour and pier. 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. It is recommended that policy is separated from the body of the MSMS manual and presented as a policy pack (or similar). There are no formal AtoN on Kilcreggan Pier. The need for Aids to Navigation to mark Kilcreggan Pier should be reviewed. At Kilcreggan Pier, during mooring operations head protection was not observed. With heaving lines thrown to the pier, this activity should be subject to a risk assessment to consider if any additional Personal Protective Equipment (PPE) is required. At Helensburgh the pier is closed to marine traffic, a Notice to Mariner to this effect has been issued; however, there are no signs apparent to seaward that would convey this message to mariners approaching by vessel. The following areas of best practice were noted: All eight Councillors of the Harbour Board, plus the Council’s Executive Director of Development and Infrastructure Services (as Duty Holder) have attended training run on 14 May 2021. 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. 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. Page 41
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Port Marine Safety Code - Audit: Helensburgh & Kilcreggan Piers 2021 Argyll and Bute Council ABPmer, November 2021, R.3730 | 7 4 References Department for Transport (DfT), 2016. Port Marine Safety Code. November 2016. Department for Transport (DfT), 2018. A Guide to Good Practice on Port Marine Operations Prepared in conjunction with the Port Marine Safety Code 2016. 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. Port Skills and Safety (PSS), 2020. Guidance on Mooring, SIP 005. November 2020. https://www.portskillsandsafety.co.uk/resources/sip-005-guidance-mooring-operations 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 4.1 Websites http://www.ports.org.uk/port.asp?id=389 https://www.argyll-bute.gov.uk/helensburgh-pier https://www.argyll-bute.gov.uk/marine-safety-management-system https://www.argyll-bute.gov.uk/moderngov/ieListDocuments.aspx?CId=567&MId=14305 https://www.argyll-bute.gov.uk/piers-and-harbours-argyll-and-bute https://www.argyll-bute.gov.uk/ports-and-harbours-vessels/ports-and-harbours-rates-vessels https://www.facebook.com/KilcregganFerry Page 42
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Port Marine Safety Code - Audit: Helensburgh & Kilcreggan Piers 2021 Argyll and Bute Council ABPmer, November 2021, R.3730 | 8 5 Abbreviations/Acronyms A&BC Argyll and Bute Council ACOP Approved Code of Practice and Guidance ALRS Admiralty List of Radio Signals AtoN Aids to Navigation BPA British Ports Association CEO Chief Executive Officer CERS Consolidated European Reporting System CFL CalMac Ferries Ltd CHA Competent Harbour Authority Code Port Marine Safety Code DfT Department for Transport DGHAR Dangerous Goods in Harbour Areas Regulations DRA Dynamic Risk Assessment DSHAR Dangerous Substances in Harbour Areas Regulations GLA General Lighthouse Authority GtGP Guide to Good Practice Hi-viz High Visibility 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 MAIB Marine Accident Investigation Branch MarNIS Maritime Navigation and Information Services MCA Maritime and Coastguard Agency MGN Marine Guidance Note MSMS Marine Safety Management System MV Motor Vessel / Merchant Vessel n/a Not Applicable NtM Notices to Mariners PEC Pilotage Exemption Certificate PFSO Port Facility Security Officer PFSP Port Facility Security Plan PMSC Port Marine Safety Code PPE Personal Protective Equipment PS Paddle Steamer PSS Port Skills and Safety QMS Quality Management Systems RATSA Railways and Transportation Safety Act Regs Regulations SAC Special Areas of Conservation SHA Statutory Harbour Authorities SIP Safety In Ports SOSREP Secretary of State’s Representative SPA Special Protection Area SWL Safe Working Load Page 43
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Port Marine Safety Code - Audit: Helensburgh & Kilcreggan Piers 2021 Argyll and Bute Council ABPmer, November 2021, R.3730 | 9 UK United Kingdom UKHO UK 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. Page 44
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Port Marine Safety Code - Audit: Helensburgh & Kilcreggan Piers 2021 Argyll and Bute Council ABPmer, November 2021, R.3730 | 11 A Detailed Audit Findings A.1 PMSC Section 1 – Accountability for Marine Safety PMSC / GtGP Reference Subject Evidence Required For Compliance Evidence of Compliance Recommendation Evidence Reference Auditor 1.3-1.5 Duties and Powers Is the Organisation’s Duty of Care for users of the harbour, port of facility stated? Satisfactory – A&BC’s Marine Safety Management System (MSMS), 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? Not applicable – Helensburgh and Kilcreggan Piers are marine facilities and do not have their own local Acts and Orders. n/a MJS Is the Harbour, Docks and Piers Clauses Act 1847 incorporated into local Acts and Orders? Not applicable – Helensburgh and Kilcreggan Piers are not Statutory Harbour Authorities. n/a 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 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). Observation – 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 Page 46
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Port Marine Safety Code - Audit: Helensburgh & Kilcreggan Piers 2021 Argyll and Bute Council ABPmer, November 2021, R.3730 | 12 PMSC / GtGP Reference Subject Evidence Required For Compliance Evidence of Compliance Recommendation Evidence Reference Auditor 1.10 The Duty Holder Does the Duty Holder (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 visit was organised in Oban on 24 September 2021. The MSMS is provided on the Council’s website making it a simple process to view an up to date copy. 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 eight Councillors of the Harbour Board, plus the Council’s Executive Director of Development and Infrastructure Services (as Duty Holder) have attended training run on 14 May 2021. 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. 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. Observation – the Designated Person’s contact details are not available to the harbour community (stakeholders). Recommendation – the Designated Person’s contact details are made available, for example, on the Council’s website. n/a MJS 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 Officer (CEO) [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 Page 47
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Port Marine Safety Code - Audit: Helensburgh & Kilcreggan Piers 2021 Argyll and Bute Council ABPmer, November 2021, R.3730 | 13 PMSC / GtGP Reference Subject Evidence Required For Compliance Evidence of Compliance Recommendation Evidence Reference Auditor Cont. 1.13 Cont. Chief Executive Officer (CEO) [or equivalent]] 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 02 September 2021 identifies reports including the Marine Asset Management Plan, Oban Bay Harbour Authority Proposal and the Port Marine Safety Code report (which includes a Designated Person Briefing note). MJS_006 MJS_007 MJS_009 https://www.ar gyll- bute.gov.uk/m oderngov/ieLi stDocuments.a spx?CId=567& MId=14305 MJS 1.16-1.17 The Organisation’s Officers Does the MSMS provide details of the organisation’s Officers and their responsibilities for marine safety? Satisfactory – the MSMS, Section 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 Page 48
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Port Marine Safety Code - Audit: Helensburgh & Kilcreggan Piers 2021 Argyll and Bute Council ABPmer, November 2021, R.3730 | 14 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. Evidence sighted. Information from the MAIB and the BPA in the former of safety circulars are distributed by the Marine Operations Admin Officer. Anecdotal information suggests that relevant information shared with the Pier Operative. MJS_008 MJS_010 MJS 2.3-2.6 Review existing powers Does the Harbour Authority have an understanding of local legislation? Not applicable – Helensburgh and Kilcreggan Piers are not Statutory Harbour Authorities. n/a MJS Are local Acts and Harbour Orders referenced in the MSMS? Not applicable – Helensburgh and Kilcreggan Piers are not Statutory Harbour Authorities. n/a MJS Have the Harbour Authority’s existing powers been reviewed? Satisfactory – Helensburgh and Kilcreggan Piers have been considered for inclusion into new Statutory Boundaries proposed as part of a consolidated harbour act. Evidence seen. MJS_048 MJS_049 MJS Is the organisation’s jurisdiction mapped and clear? Not applicable – Helensburgh and Kilcreggan Piers are not Statutory Harbour Authorities. n/a MJS 2.7-2.11 Use of formal Risk Assessment Have risks associated with marine operations been assessed and a means of controlling them deployed? Non-compliance – there are no marine risk assessments for either Helensburgh or Kilcreggan Piers (an exercise was previously carried out in circa 2014 but records could not be located). Recommendation – the review and creation of a set of marine risk assessments for each of the Pier facilities. n/a MJS How does the organisation ensure those undertaking marine risk assessment are competent in the role? Satisfactory – the Pier Master for Helensburgh and Kilcreggan has received training in the creation and review of marine risk assessments. Observation – the Pier Master has a read-only view of MARNIS. Anything that needs logging must be passed to the Marine Operations Admin Officer. Recommendation – consider how staff with read-only access are able to maintain skills following marine risk assessment training. n/a MJS Page 49
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Port Marine Safety Code - Audit: Helensburgh & Kilcreggan Piers 2021 Argyll and Bute Council ABPmer, November 2021, R.3730 | 15 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 Are stakeholders included in marine risk review/assessments? Non-compliance – there is no documented stakeholder engagement on marine risk assessments. Recommendation – marine risk assessment should be consulted upon with pier users and other relevant stakeholders. n/a 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 expectation 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 Is a system of Dynamic Risk Assessment used? Non-compliance – 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 pier staff. MJS_001 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. Non-compliance – whilst A&BC produces a Marine Safety Management System (MSMS) [referenced as version 11, dated May 2020]; there is no Annex for either Helensburgh or Kilcreggan Piers. As a Statutory Harbour Authority and Marine Facility owner/operator, the MSMS Manual is applicable to marine operations at all locations. The specific processes and procedures relevant to the pier operations at Helensburgh and Kilcreggan are not included within a dedicated Annex as they are for other ports, harbours and piers operated by A&BC. Recommendation – ensure that marine operations for Helensburgh and Kilcreggan Piers are included in the MSMS. MJS_001 MJS Page 50
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Port Marine Safety Code - Audit: Helensburgh & Kilcreggan Piers 2021 Argyll and Bute Council ABPmer, November 2021, R.3730 | 16 PMSC / GtGP Reference Subject Evidence Required For Compliance Evidence of Compliance Recommendation Evidence Reference Auditor 2.15 MSMS standards and KPIs Does the MSMS 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 objectives with measurable 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 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. Section 3.1 of the MSMS includes the Kilcreggan Pier Master and Pier Operative within the line diagram. MJS_001 MJS 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. Locally, the Cove and Kilcreggan Community Council meetings are held (every second Tuesday of the month) at which Pier Master is invited to attend. The Kilcreggan Ferry User Group also meets to discuss the ferry travel and harbour developments, the Pier Master is an invitee to this group. Observation – consultation is not detailed in the MSMS. Recommendation – a section on consultation is added to the MSMS documenting Kilcreggan and Helensburgh engagement. MJS_001 https://www.fa cebook.com/K ilcregganFerry MJS 2.18 Competence standards Are personnel qualified and trained for their marine safety role? Satisfactory – a training matrix is provided for the Harbour Authority, this identifies the Essential, Required, Advantageous and Not Required training. Helensburgh is unmanned but is periodically visited by Pier staff from Kilcreggan. The Pier Master is included in the training certification record which identifies that the following qualifications are held: VHF Operator, Oil Spill 4P, Marine Risk Assessment, First Aid, PFSO, PMSC Internal Auditor, Counter Terrorism Awareness and Responsible Person (training). Plus e-learning modules from LEON. MJS_001 MJS_014 MJS_015 MJS Page 51
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Port Marine Safety Code - Audit: Helensburgh & Kilcreggan Piers 2021 Argyll and Bute Council ABPmer, November 2021, R.3730 | 17 PMSC / GtGP Reference Subject Evidence Required For Compliance Evidence of Compliance Recommendation Evidence Reference Auditor Cont. 2.18 Cont. Competence standards Are personnel qualified and trained for their marine safety role? Observation – the training matrix does not include the Kilcreggan Pier Master or Pier Operatives. Observation – it is not clear what the terms ‘Essential’ and ‘Required’ mean on the matrix. Observation – the training matrix identifies roles and named individuals. As the matrix is a list of training against specific job roles, the names of individual post-holders are not necessary. 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 the Pier Master. Recommendation – review the matrix to ensure it includes the Kilcreggan Pier Master and Pier Operative roles. Recommendation – provide definitions for the terms used on the matrix. Recommendation – the removal of names from the Harbour Authority’s training matrix (note: training records do require individual named employees). Recommendation – review the wording of the MSMS Section 6.3 and updated to the current process. MJS_001 MJS_014 MJS_015 MJS 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. The sheet contains two worksheets (tabs), the first documents training records and the second documents the role requirements. Individual staff are identified with dates of training and certification held in day/month/year format. The Pier Master maintains a local copy of certification. MJS_001 MJS_014 MJS_015 MJS_019 MJS Page 52
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Port Marine Safety Code - Audit: Helensburgh & Kilcreggan Piers 2021 Argyll and Bute Council ABPmer, November 2021, R.3730 | 18 PMSC / GtGP Reference Subject Evidence Required For Compliance Evidence of Compliance Recommendation Evidence Reference Auditor Cont. 2.18 Cont. Competence standards Is there a list of the organisation’s staff, training received, qualifications held and/or experience required for their role? Observation – it is not clear if the ‘role requirement’ tab in the Training Record spreadsheet is current or has been superseded by the separate spreadsheet ‘Harbour Training Matrix 2021’. Observation – the training records worksheet (tab) indicates the date of attendance on courses, qualifications expiring are shown in red. Observation – the layout of the ‘Training Records’ could be improved by adopting the same or similar list as used in the matrix. This would allow for an easier comparison. Observation – the training records worksheet (would appear) to document Harbour Masters and Assistant Harbour Masters, plus the Marine Operations Admin Officer. Other personnel are not included. Recommendation – any redundant information or tabs are removed. One version of the matrix prevents ambiguity. Recommendation – the addition of an attendance and expiry dates (as two columns) to clarify information. Recommendation – organising the training record sheet to match the training matrix course list. Recommendation – the Harbour Authority considers how it wishes to maintain staff training records. Evidence suggests that some roles are monitored centrally (for example, Harbour Masters) with Pier/Marina Operatives monitored at a local level. MJS_001 MJS_014 MJS_015 MJS_019 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. Incidents at Helensburgh and Kilcreggan include: Helensburgh: 2021: Two drowning fatalities. ongoing: Lifesaving equipment damage. Kilcreggan: 1980s: Vehicle driven down the pier and into the water, resulting in the death of the driver. Various: Small yachts, requesting port of refuge assistance. 2021: contact damage caused by the Paddle Steamer (PS) Waverly whilst alongside. MJS_001 MJS Page 53
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Port Marine Safety Code - Audit: Helensburgh & Kilcreggan Piers 2021 Argyll and Bute Council ABPmer, November 2021, R.3730 | 19 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 – incidents are not logged into MARNIS as there is no specific database for Helensburgh or Kilcreggan. Recommendation – databases are created for Helensburgh and Kilcreggan. MJS_001 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. With the removal of the local police officer, the method used to obtain police support is to call 101 or 999. There is however, good communications with Boarder Force who have visited the Pier Master to provide a point of contact. MJS_001 MJS GtGP 13.9 Incident publication Does the Harbour Authority disseminate information from accident investigations? Not applicable – there has been no incident investigations at Helensburgh or Kilcreggan Piers requiring publication. n/a 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’. MJS_001 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. This meets the expectation of the GtGP for an external audit every three years. Observation – Helensburgh nor Kilcreggan Piers have not received internal audits. Recommendation – internal audits at Piers should be factored into the internal audit schedule for A&BC. 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. As Helensburgh and Kilcreggan Piers are not SHAs, there are no enforcement powers. MJS_001 MJS Page 54
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Port Marine Safety Code - Audit: Helensburgh & Kilcreggan Piers 2021 Argyll and Bute Council ABPmer, November 2021, R.3730 | 20 PMSC / GtGP Reference Subject Evidence Required For Compliance Evidence of Compliance Recommendation Evidence Reference Auditor Cont. 2.25 Cont. Enforcement 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.ar gyll- bute.gov.uk/m arine-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 and service providers about safe navigation? 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 to confirm its current state of compliance with the Code. Letter evidenced. MJS_023 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? Not applicable – Helensburgh and Kilcreggan Piers are not Statutory Harbour Authorities and therefore have no jurisdictional area. n/a MJS Page 55
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Port Marine Safety Code - Audit: Helensburgh & Kilcreggan Piers 2021 Argyll and Bute Council ABPmer, November 2021, R.3730 | 21 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. A&BC also issue Notices to Mariners (NtM) for any works or marine notification related to either Helensburgh or Kilcreggan Piers. MJS_001 MJS_003 MJS 3.5 Open port duty Is the port or harbour subject to Open Port Duty’? Not applicable – Helensburgh and Kilcreggan Piers are marine facilities owned by A&BC, they are not subject to Open Port Duty. ‘Piers and Harbours Rates (vessels)’ charges are advertised on the Council’s website. https://www.ar gyll- bute.gov.uk/po rts-and- harbours- vessels/ports- and-harbours- rates-vessels MJS 3.6-3.6 Conservancy duty How does the harbour authority conserve the harbour?: Survey as regularly as necessary Place navigation marks in optimum positions Keep ‘vigilant watch’ for any sea bed changes Keep hydrographic records Ensure hydrographic information is published Update UKHO with chart information. 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 Helensburgh was conducted on 02 July 2019 and the last bathymetric survey at Kilcreggan was conducted on 03 July 2019 Information was passed by the survey contractor to UKHO. Evidence sighted. It should be noted, that the provision of hydrographic survey for Helensburgh and Kilcreggan Piers is provided as a duty of care to port users as a marine facility owner; and for operational reasons to monitor depth for the ferry services. Provision of bathymetric survey for an area which is not a Statutory Harbour Authority is considered to be a best practice approach. MJS_001 MJS_046 MJS_047 MJS Page 56
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Port Marine Safety Code - Audit: Helensburgh & Kilcreggan Piers 2021 Argyll and Bute Council ABPmer, November 2021, R.3730 | 22 PMSC / GtGP Reference Subject Evidence Required For Compliance Evidence of Compliance Recommendations Evidence Reference Auditor 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, 7.8 Licensing, Regulating Harbour Works and Dredging? Does the harbour authority have the power to licence works? Satisfactory – Helensburgh and Kilcreggan Piers are not SHAs, any marine works will require a Marine Licence from Marine Scotland. A NtM is issued for all works that are notifiable to mariners. MJS_003 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. Compliance with ‘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 Helensburgh and Kilcreggan Piers 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_031 MJS 3.9 Civil Contingency Duty Does the MSMS include reference to the Harbour Authority’s obligations as a Category 2 responder? Not applicable – Helensburgh and Kilcreggan Piers are not Statutory Harbour Authorities and therefore are not Category 2 responders under the Civil Contingencies Act. MJS_038 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. Given the size of Helensburgh and Kilcreggan Piers, this is recognised as an area of best practice. MJS_027 MJS_032 MJS Page 57
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Port Marine Safety Code - Audit: Helensburgh & Kilcreggan Piers 2021 Argyll and Bute Council ABPmer, November 2021, R.3730 | 23 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 – the Harbour Authority carries out exercises (as a Group function). The Pier Master (Kilcreggan) attended 4P Training course on 12 March 2020. There is oil pollution response equipment held on site at Kilcreggan, for Helensburgh the equipment is stored less than a mile away (at Blackhill). Observation – there have been no training exercise for oil pollution response at Helensburgh or Kilcreggan using the Pier Master and Pier Operatives. Recommendation – the scheduled exercise (actual, or table top) for Oil Pollution response specific to Helensburgh or Kilcreggan Piers. n/a MJS 3.10-3.11 Harbour Authority Powers and 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. Not applicable – Helensburgh and Kilcreggan Piers are not Statutory Harbour Authorities. n/a MJS Page 58
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Port Marine Safety Code - Audit: Helensburgh & Kilcreggan Piers 2021 Argyll and Bute Council ABPmer, November 2021, R.3730 | 24 A.4 PMSC Section 4 – Specific Duties and Powers PMSC / GtGP Reference Subject Evidence Required For Compliance Evidence of Compliance Recommendations Evidence Reference Auditor 4.2 Appointment of Harbour Master Is there a Harbour Master appointment for the port? Satisfactory – a job description for the role of Pier Master at Kilcreggan is held on file by the Council, dated 31 January 2007 Observation – the job description does not identify duties associated with Helensburgh Pier. Recommendation – the job description is reviewed to ensure it is specific to the role at Kilcreggan and Helensburgh Piers. MJS_050 MJS 4.3-4.5 Byelaws Does the organisation have powers to make Byelaws, are these published? Not applicable – Helensburgh and Kilcreggan Piers are not Statutory Harbour Authorities and therefore do not have powers to issue byelaws as SHAs. n/a MJS Date of last byelaw review? Not applicable – no issued Byelaws. 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? Not applicable – the Pier Master does not have powers to issue Directions. n/a MJS 4.8 General Directions Are the powers of General Directions available to the Harbour? Not applicable – Helensburgh and Kilcreggan Piers are not Statutory Harbour Authorities and therefore do not have powers to issue General Directions. n/a MJS When were General Directions last reviewed? Not applicable – no issued General Directions. n/a MJS 4.9 Harbour Directions Are Harbour Directions used and published? Not applicable – no issued Harbour Directions. 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 Pier Master can stop a dangerous vessel from using the A&BC owned facility (as the representative of the asset owner) but is not able to use powers under the Dangerous Vessels Act 1985. Observation – information relating to the expected action for the Pier 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. n/a MJS Page 59
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Port Marine Safety Code - Audit: Helensburgh & Kilcreggan Piers 2021 Argyll and Bute Council ABPmer, November 2021, R.3730 | 25 PMSC / GtGP Reference Subject Evidence Required For Compliance Evidence of Compliance Recommendations Evidence Reference Auditor Cont. 4.10 GtGP 6.4 Cont. Dangerous Vessels Is the role of the Secretary of State’s Representative (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? Not applicable – Helensburgh and Kilcreggan Piers are not Statutory Harbour Authorities. n/a MJS Is vessel traffic monitoring information passed to the MCA by the quickest means? Not applicable – the piers are not used by any vessels requiring CERS reporting. n/a MJS Has the need for VTS/LPS been reviewed recently? Not applicable – Helensburgh and Kilcreggan Piers are not Statutory Harbour Authorities. n/a 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. 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? Not applicable – the Organisation is not a Competent Harbour Authority. n/a MJS Page 60
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Port Marine Safety Code - Audit: Helensburgh & Kilcreggan Piers 2021 Argyll and Bute Council ABPmer, November 2021, R.3730 | 26 PMSC / GtGP Reference Subject Evidence Required For Compliance Evidence of Compliance Recommendations Evidence Reference Auditor 4.12 GtGP 9.4 Pilotage Directions Are Pilotage Directions issued? Not applicable – the Organisation is not a Competent Harbour Authority. n/a MJS 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 to 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 international regulations on the training and certification for pilots from 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, or information allowing mariners to create a passage plan? Satisfactory – both Helensburgh and Kilcreggan Piers are identified on the Council’s website. Observation – the webpage for Helensburgh states that: “Vessels should contact the Harbour Master in advance to establish availability and directions on berthing”. The NtM number 01/18 titled ‘Helensburgh Pier Temporary Closure’ informs users the pier is close to vessel traffic. Observation – the Kilcreggan Pier webpage links a third party ‘UK Ports and Harbours’ page which has out of date contact information: http://www.ports.org.uk/port.asp?id=389 Recommendation – updating the webpage berthing arrangement with information from NtM 01/18. Recommendation – a dedicated webpage for Kilcreggan Pier is created (as used for other A&BC Ports, Harbour and Piers). MJS_003 https://www.ar gyll- bute.gov.uk/pi ers-and- harbours- argyll-and- bute https://www.ar gyll- bute.gov.uk/h elensburgh- pier MJS Page 61
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Port Marine Safety Code - Audit: Helensburgh & Kilcreggan Piers 2021 Argyll and Bute Council ABPmer, November 2021, R.3730 | 27 PMSC / GtGP Reference Subject Evidence Required For Compliance Evidence of Compliance Recommendations Evidence Reference Auditor Cont. GtGP 8.7.15- 8.8.10 Cont. Port Passage Plan Is there a published passage plan, or information allowing mariners to create a passage plan? Observation – there is no contact information for Kilcreggan Pier in the Admiralty List of Radio Signals (ALRS) volume 6. As the pier is permanently staffed, providing contact information would be advantageous. Recommendation – contacting UKHO to request inclusion of Kilcreggan Pier contact details into ALRS Volume 6. MJS_003 MJS GtGP 8.10 Recreational navigation Are recreational users of the harbour considered? Not applicable – not considered relevant at this time. Helensburgh is not in use for vessel berthing and Kilcreggan Pier is a dedicated ferry berth. n/a MJS 4.17-4.20 Collecting Dues Are dues clearly defined? Satisfactory – A&BC publish a ‘Rates on vessels’. The process for setting charges uses a benchmarking exercise with other local ports. Charges are increased at the rate of inflation. Observation – the ‘Rates on vessels’ covers all of A&BC’s marine facilities (both statutory and non-statutory). Helensburgh and Kilcreggan Piers are not Statutory Harbour Authorities, powers to charge dues are not available. A charge to use the marine facilities is expected, however the term ‘dues’ is inaccurate. Note 2 of the port-and-harbours-rates page’ states that: “All vessels are liable for dues at the Basic Rate”. Recommendation – that wording is revised on the webpage to ensure that ‘dues’, as a charge, is not inaccurately stated. https://www.ar gyll- bute.gov.uk/p orts-and- harbours- vessels/ports- and-harbours- rates-vessels 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: Helensburgh Pier has 2 fixed green vertical aids (Category 3). Kilcreggan Pier has no formal navigation aids. Checking of the AtoN forms part of the pier asset inspection regime. Observation – there are no formal AtoN on Kilcreggan Pier. Recommendation – the need for Aids to Navigation to mark Kilcreggan Pier should be reviewed. MJS_045 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 as: Cat 2 = 99.6% (target is 99%) Cat 3 = 100% (target is 97%) MJS_044 MJS Page 62
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Port Marine Safety Code - Audit: Helensburgh & Kilcreggan Piers 2021 Argyll and Bute Council ABPmer, November 2021, R.3730 | 28 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. These is no history of wrecks, derelict, or abandoned vessels in the harbour. 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 GtGP 9.4.17- 9.4.21 Pilot Launches Do pilot boats meet statutory requirements and appropriate Codes? Not applicable – Helensburgh and Kilcreggan Piers are not Competent Harbour Authorities and therefore has no requirement to operate a pilot boat. n/a MJS GtGP 10.0 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 using the piers. 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 Kilcreggan Pier Inspection on 31 July 2018 evidenced. MJS_001 MJS_004 MJS_005 MJS GtGP 10.4 Diving Operations (recreational) Is there a process for managing recreational diving? Not applicable – Helensburgh and Kilcreggan Piers are not Statutory Harbour Authorities, therefore control of recreational diving cannot be exercised. n/a MJS Page 63
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Port Marine Safety Code - Audit: Helensburgh & Kilcreggan Piers 2021 Argyll and Bute Council ABPmer, November 2021, R.3730 | 29 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”. As hot works are not carried out at Helensburgh or Kilcreggan, there is no history of using the ‘Hot Work Permit’. 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”. The Pier Master stated that bunkering does not occur at Kilcreggan. 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. Any works are associated with A&BC contracted services and would be pre-notified to the Pier Master (anecdotal information). anecdotal information MJS Page 64
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Port Marine Safety Code - Audit: Helensburgh & Kilcreggan Piers 2021 Argyll and Bute Council ABPmer, November 2021, R.3730 | 30 B Quayside and Mooring Visual inspection of Helensburgh Pier and Kilcreggan Pier. Both inspections included the layout of the piers, their berthing, mooring and life-saving appliances provide. The pier inspections were undertaken on Wednesday 22 September 2021. B.1 Quayside Observations: Helensburgh Pier and Slipways 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 – access to the slipways was clear of debris and obstructions. One slipway was adjacent to civil engineering works, meaning that its access was temporarily unavailable. The Pier area was clear of debris and obstructions and arranged as a pedestrian walkway. MJS Disabled access for passengers or leisure users? Satisfactory – pedestrian access is self-managed. Metal access steps from the sea had been removed to prevent use. Pier head access steps were behind a barrier to prevent use. Observation – the pier is closed to marine traffic, a Notice to Mariner to this effect has been issued; however, there are no signs apparent to seaward that would convey this message. Recommendation – the installation of a sign, positioned to inform vessel Masters and crew approaching from seaward, that the pier is closed to marine traffic. MJS Is the type and condition of quayside surface appropriate to the operation? Satisfactory – the pier decking is appropriate for pedestrian use. Grill decking has been fitted to allow wave penetration and dissipation of wave energy at the seaward end of the pier. 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 slipway has stone steps; the pier head has water access ladders with hand grabs fitted. MJS Is there appropriate LSE at quay edge? Satisfactory – the pier has lifebelts and recovery ropes fitted. All life rings were in place at the time of inspection (one life ring had been recently re- fitted). MJS Page 65
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Port Marine Safety Code - Audit: Helensburgh & Kilcreggan Piers 2021 Argyll and Bute Council ABPmer, November 2021, R.3730 | 31 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 – mooring bollards are provided along the edge of the pier, and around the pier head. The pier is no longer used for vessel mooring. Observation – should the pier be used for mooring in the future, the bollards should be inspected, painted, numbered and their SWL ascertained. See image B1. Recommendation – if the pier is used for mooring in the future, mooring fixtures must be inspected and maintained. MJS Are the bollards numbered? Not applicable – Helensburgh pier is not used by vessel traffic, bollards not in use. MJS Are the bollards labelled with a Safe Working Load (SWL)? Not applicable – Helensburgh pier is not used by vessel traffic, bollards not in use. MJS Are the bollards appropriate to the vessel being handled? Not applicable – Helensburgh pier is not used by vessel traffic, bollards not in use. MJS SIP 005 Fenders Is the fendering appropriate to the vessel being handled? Satisfactory – wooden vertical fendering sections are installed on the jetty head. MJS Is the condition of the fendering in good order? Satisfactory – wooden vertical fendering appeared to be in good condition. MJS Are chaffing plates used on the Pier edge? Satisfactory – wooden pier edge timber is used as a base to fix the pedestrian railings. MJS ACOP 232-235 SIP 005 SIP 014 Lighting Is lighting appropriate and appear to be in compliance with ACOP ‘safety in docks’ and the PFSP? Satisfactory – lighting installed along the length of the pier and appeared adequate for the intended purposes. MJS ACOP 58-60 Layout Is adequate separation delineated between quayside operations? Satisfactory – a full length of the pier, including the pier head is pedestrianised. MJS ACOP 82 Signage Is appropriate signs and markings provided Satisfactory – signage provided along the pier. MJS Page 66
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Port Marine Safety Code - Audit: Helensburgh & Kilcreggan Piers 2021 Argyll and Bute Council ABPmer, November 2021, R.3730 | 32 Image B1. Helensburgh Pier, mooring bollard Image B2. Helensburgh Pier, derelict decking section Page 67
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Port Marine Safety Code - Audit: Helensburgh & Kilcreggan Piers 2021 Argyll and Bute Council ABPmer, November 2021, R.3730 | 33 B.2 Quayside Observations: Kilcreggan Pier 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 – access to the pier was clear, walkways were segregated (access and egress) with clear pedestrian information and fenced areas. MJS Disabled access for passengers or leisure users? Satisfactory – the pier provides for disabled access along its length. Pier Operatives assist passenger boarding. MJS Is the type and condition of quayside surface appropriate to the operation? Satisfactory – the pier surface and condition appear in good order. The Pier Operative provided clear and timely instructions to passengers regarding embarkation and disembarkation from the ferry. 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 pier had an access ladder at the pier head which is fitted with grab handle holds. MJS Is there appropriate LSE at quay edge? Satisfactory – the pier had lifesaving equipment along its length. MJS SIP 005 Bollards and securing equipment Does the general condition of bollards appear to be in good order? Satisfactory – mooring points used by the ferry were observed to be the upright pier supports (designed for this purpose) plus stag-horn bollards which were noted to be in good condition. MJS Are the bollards numbered? Satisfactory – mooring points are not numbered; this is not considered necessary given the size of the pier and the typical mooring configuration used. MJS Are the bollards labelled with a SWL? Satisfactory – mooring staghorns have information plates with SWL shown. MJS Are the bollards appropriate to the vessel being handled? Satisfactory – mooring bollards and pier upright supports are considered, in the opinion of the auditor, to be more than adequate for the size of vessel being handled. MJS SIP 005 Fenders Is the fendering appropriate to the vessel being handled? Satisfactory – fendering is fitted to the pier outer- face upright supports, two rubber D-Section on each fender pile at the head of the pier. MJS Is the condition of the fendering in good order? Satisfactory – fendering appeared to be in very good condition. Replacements were made following the PS Waverley incident in 2021. MJS Are chaffing plates used on the Pier edge? Satisfactory – wooden pier capping fitted around the perimeter of the berthing face. MJS Page 68
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Port Marine Safety Code - Audit: Helensburgh & Kilcreggan Piers 2021 Argyll and Bute Council ABPmer, November 2021, R.3730 | 34 Reference Subject Evidence Required For Compliance Observation Recommendations Auditor ACOP 232-235 SIP 005 SIP 014 Lighting Is lighting appropriate and appear to be in compliance with ACOP ‘safety in docks’ and the PFSP? Satisfactory – ample lighting installed, with points along the pier. MJS ACOP 58-60 Layout Is adequate separation delineated between quayside operations? Satisfactory – pedestrians wait at the dedicated pier building making the distance to the boarding point as short as possible. The pier buildings have been newly refurbished. The layout and maintenance of the Kilcreggan Pier is considered to be an area of best practice. MJS ACOP 82 Signage Is appropriate signs and markings provided Satisfactory – pier signage evident at the root of the pier prohibiting vehicle access, fishing and cycling. MJS Page 69
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Port Marine Safety Code - Audit: Helensburgh & Kilcreggan Piers 2021 Argyll and Bute Council ABPmer, November 2021, R.3730 | 35 B.3 Mooring Operations Observation of procedures, equipment and Personal Protective Equipment (PPE) for the mooring and unmooring of the Motor Vessel (MV) Chieftain during the period of 15:00 to 16:00 hr on Wednesday 22 September 2021. Reference Subject Evidence Required For Compliance Observation Recommendations Auditor GtGP 10.6.1 ACOP 42 SIP 005 Communication Is there direct communication between ship and shore personnel? Satisfactory – vessel Master observed the Pier Operative and instructed the deck hand to provide lines ashore. MJS Is communication controlled via a supervisor? Satisfactory – vessel Master provides instruction and direction to the crew. MJS Is there adequate communication with mooring launch? Not applicable – mooring launch not used. MJS Are hand signals used and appropriate? Not applicable – no shore signals observed. MJS GtGP 11.7 SIP 005 Planning Toolbox talk or equivalent conducted? Not applicable – not observed at time of visit. MJS Are mooring personnel ready by an appropriate time? Satisfactory – shore personnel were present in ample time to take the vessel’s lines. MJS Is the mooring operation planned? Satisfactory – Pier Operative takes the vessel’s lines on a well-practiced routine. MJS Is the mooring pattern appropriate to the quay/vessel and weather conditions? Satisfactory – the mooring pattern, in the opinion of the auditor, is appropriate to the vessel and the berth. MJS GtGP 10.6 SIP 005 Use of other craft Do tugs remain clear of mooring lines? Not applicable – no tugs used. MJS Is a mooring launched used? Not applicable – mooring launch not used. MJS SIP 005 Self-mooring Does the vessel self-moor? Satisfactory – Pier Operative (ashore) takes the vessel’s lines, self-mooring is not used. MJS SIP 005 Line handling Are mooring lines kept clear of fenders? Satisfactory – Pier Operative places lines on the upright pier supports, fendering is not fouled. At mid to low tide, a lower embarkation point is available. The observation was carried out at high water and did not observe lower tidal states. MJS Do mooring personnel appear to be aware of snap-back zones? Satisfactory – Pier Operative (ashore) stood in an appropriate location to take and handle lines. MJS Do mooring personnel avoid stepping over lines or standing between lines and quay edge? Not applicable – not relevant given the mooring pattern. MJS Page 70
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Port Marine Safety Code - Audit: Helensburgh & Kilcreggan Piers 2021 Argyll and Bute Council ABPmer, November 2021, R.3730 | 36 Reference Subject Evidence Required For Compliance Observation Recommendations Auditor Cont. SIP 005 Cont. Line handling Are multiple lines ‘dipped’ on bollards? Not applicable – not observed. MJS Are messenger lines thrown appropriately? Satisfactory – messenger lines were thrown in a considered manner by the vessel’s crew. MJS Are mooring personnel ‘backed-up’ on heavy lines? Not applicable – not observed. MJS Do mooring personnel release heavy lines appropriately? Not applicable – not observed. MJS Mooring personnel using appropriate handling? Not applicable – not observed. MJS Are heaving lines weighted? Satisfactory – appropriate heaving line seen (i.e., not dangerously weighted). MJS SIP 005 Use of equipment Is the SWL of bollards appropriate to the load being placed on? Satisfactory – mooring points are appropriate for use by the vessel seen. MJS Are mooring lines used at an appropriate angle for the infrastructure? Satisfactory – the mooring pattern for the vessel alongside the pier was appropriate. MJS Are mooring lines maintained at an appropriate length throughout the operation? Satisfactory – the mooring line length was appropriate for the vessel, the MV Chieftain did not stay alongside the pier for very long, due to the wave conditions on the day. MJS ACOP 58-67 SIP 014 Operational control Is there concurrent activity alongside the mooring operation? Not applicable – there is no concurrent activity (single user berth). MJS Are non-mooring personnel kept separate from the operation? Satisfactory – areas of activity between the Pier Operative, CFL vessel crew and pedestrians maintained with an appropriate degree of separation. MJS Page 71
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Port Marine Safety Code - Audit: Helensburgh & Kilcreggan Piers 2021 Argyll and Bute Council ABPmer, November 2021, R.3730 | 37 Reference Subject Evidence Required For Compliance Observation Recommendations Auditor GtGP 11.4 SIP 005 Personnel and equipment Are mooring personnel wearing appropriate PPE? Satisfactory – all personnel observed working along the quay were wearing appropriate PPE, including safety footwear, buoyancy waist coat, high visibility (hi-viz) jacket and trousers. In addition, foul weather gear and an auto inflation lifejacket were available to pier staff. Observation – during mooring operations head protection was not observed, with heaving lines thrown to the pier, this activity should be subject to a risk assessment. Recommendation – the risk assessment for Pier Operative mooring operations is reviewed to consider if any additional PPE is required. MJS Cont. GtGP 11.4 SIP 005 Cont. Personnel and equipment Are shore side mooring lines in good condition? Not applicable – lines deployed at the pier were vessel’s own lines. MJS Is adequate manning provided for the handling of lines and means of access? Satisfactory – manning levels for mooring and passenger management is adequate. MJS Is any additional mooring equipment used appropriate and in good working order? Satisfactory – all mooring equipment observed was in good working order and well maintained. MJS Page 72
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Port Marine Safety Code - Audit: Dunoon Harbour 2021 Argyll and Bute Council
ABPmer, October 2021, R.3729 | i
Document Information
Document History and Authorisation
Title Port Marine Safety Code
Audit: Dunoon Harbour 2021
Commissioned by Argyll and Bute Council
Issue date October 2021
Document ref R.3729
Project no R/4952/01
Date Version Revision Details
14 October 2021 1 Issued for client review
Authorised (Designated Person) Approved (Quality Manager) Authorised (Project Director)
Monty Smedley Will Fellows Gordon Osborn
Suggested Citation
ABPmer, (2021). Port Marine Safety Code, Audit: Dunoon Harbour 2021, ABPmer Report No. R.3729.
A report produced by ABPmer for Argyll and Bute Council, October 2021.
Author
M.J. Smedley
Notice
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19 October 2021 2 Issued for client use
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Port Marine Safety Code - Audit: Dunoon Harbour 2021 Argyll and Bute Council ABPmer, October 2021, R.3729 | ii Contents 1 The Port Marine Safety Code ................................................................................................ 1 1.1 About the Harbour Authority ................................................................................................................. 2 2 Purpose and Method ............................................................................................................... 3 2.1 Audit scope .................................................................................................................................................... 3 2.2 Audit definitions and outcomes ............................................................................................................ 3 2.3 Audit date and criteria .............................................................................................................................. 4 2.4 Auditor............................................................................................................................................................. 4 2.5 Auditees .......................................................................................................................................................... 4 3 Audit Summary ........................................................................................................................... 5 4 References .................................................................................................................................... 7 4.1 Websites ......................................................................................................................................................... 7 5 Abbreviations/Acronyms ........................................................................................................ 8 Appendices A Detailed Audit Findings ........................................................................................................ 11 A.1 PMSC Section 1 – Accountability for Marine Safety .................................................................. 11 A.2 PMSC Section 2 – Key Measures Needed to Secure Marine Safety .................................... 15 A.3 PMSC Section 3 – General Duties and Powers ............................................................................. 23 A.4 PMSC Section 4 – Specific Duties and Powers ............................................................................. 26 B Quayside and Marine Operations..................................................................................... 33 B.1 Quayside Checks ...................................................................................................................................... 33 B.2 Marine Operations ................................................................................................................................... 36 Figure Figure 1. Harbour Limits .............................................................................................................................................. 2 Images Image B1.1 Victorian Pier, north view ...................................................................................................................... 35 Image B1.2 Victorian Pier, south view ...................................................................................................................... 35 Image B2.1 Victorian Pier, south side, steps not in use .................................................................................... 38 Image B2.2 Victorian Pier, deteriorated decking ................................................................................................. 38 Page 79
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Port Marine Safety Code - Audit: Dunoon Harbour 2021 Argyll and Bute Council ABPmer, October 2021, R.3729 | 1 1 The Port Marine Safety Code The Port Marine Safety Code (‘the Code’) sets out a national standard for every aspect of port marine safety. Its aim is to enhance safety for everyone who uses, or works in, the UK port marine environment. It is authored by the UK Government, supported by the devolved administrations and representatives from across the maritime sector and, whilst the Code is not mandatory, these bodies have a strong expectation that all harbour authorities will comply. The Code is applicable both to Statutory Harbour Authorities and to other marine facilities, which may not have statutory powers; these are collectively referred to throughout the Code as ‘organisations’ (DfT, 2016). In reading this audit report, the Council and Duty Holder should note the following extract from the Code: “The Code does not contain any new legal obligations but includes (amongst other things) references to the main legal duties which already exist. Failure to comply is not an offence in itself. However, the Code represents good practice as recognised by a wide range of industry stakeholders and a failure to adhere to good practice may be indicative of a harbour authority being in breach of certain legal duties. Moreover, the organisation may suffer reputational damage if it has publicly committed to the Code’s standards and then fails to meet them.” (DfT, 2016) In order to measure compliance with the Code, the table below sets out the 10 Duty Holder responsibilities, and corresponding cross-references with sections of the Code, which this audit has considered. No PMSC Duty Holder Responsibilities PMSC Section Reference 1 Duty Holder Formally identify and designate the Duty Holder, whose members are individually and collectively accountable for compliance with the Code and their performance in ensuring safe marine operations in the harbour and its approaches. 1.6-1.8, 1.10, 1.16-1.17 2 Designated Person A ‘Designated Person’ must be appointed to provide independent assurance about the operation of the marine safety management system. The designated person must have direct access to the Duty Holder. 1.11-1.12 3 Legislation The Duty Holder must review and be aware of their existing powers based on local and national legislation; seeking additional powers if required in order to promote safe navigation. 2.3-2.6, 4.3-4.5 4 Duties and Powers Comply with the duties and powers under existing legislation as appropriate. 1.3-1.5, 1.9, 1.13-1.15, 3.1-3.14, 4.2, 4.6-4.20, 4.25-4.32 5 Risk Assessment Ensure all marine risks are formally assessed and are eliminated or as low as reasonably practicable in accordance with good practice. 2.7-2.11 6 Marine Safety Management System Operate an effective marine safety management system which has been developed after consultation, is based on formal risk assessment, and refers to an appropriate approach to incident investigation. 2.12-2.17, 2.19-2.23, 2.25, 2.29 7 Review and Audit Monitor, review and audit the risk assessment and marine safety management system on a regular basis – the independent designated person has a key role in providing assurance for the Duty Holder. 2.2, 2.24, 2.30-2.32 8 Competence Use competent people (i.e. trained, qualified and experienced) in positions of responsibility for managing marine and navigation safety. 2.18 9 Plan Publish a safety plan showing how the standard in the Code will be met and a report assessing the performance against the plan at least every 3 years. 2.26-2.28 10 Aids to Navigation Comply with directions from the General Lighthouse Authorities and supply information and returns as required. 4.21-4.24 Page 80
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Port Marine Safety Code - Audit: Dunoon Harbour 2021 Argyll and Bute Council ABPmer, October 2021, R.3729 | 2 1.1 About the Harbour Authority Dunoon is located on the Cowal Peninsula, on the western shore of the Firth of Clyde. Argyll and Bute Council is the Statutory Harbour Authority (SHA) for Dunoon by virtue of ‘The Pier and Harbour Orders Confirmation (No. 2) Act 1906, Schedule 2, Dunoon Burgh Harbour Order’. The port is a Municipal Harbour Authority, being owned and operate by the Council. A&BC is 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 respect to Pilotage. The harbour limits are shown in Figure 1 The port is comprised of a breakwater at its southern end, which provides for a 73 m north-facing berth, with a 20 m east facing ‘hammerhead’ berth. The north-facing berth has a linkspan and is primarily used by the CalMac Ferries Limited (CFL) foot passenger ferry service to Gourock. To the north of the breakwater is the Victorian Pier, which is formed from a double pier and connected pierhead forming one long and continuous berthing face. To the north of the pier are two timber dolphins which further extend the berthing area. The original pier was built in 1835, with an extension to its current structure carried out in 1895. The Victorian Pier and Pier Buildings are Category A listed structures. Source: Esri, DigitalGlobe, GeoEye. Contains information from the Scottish Government (Marine Scotland) licensed under the Open Government Licence v3.0 Figure 1. Harbour Limits Page 81
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Port Marine Safety Code - Audit: Dunoon Harbour 2021 Argyll and Bute Council ABPmer, October 2021, R.3729 | 3 2 Purpose and Method 2.1 Audit scope Argyll and Bute Council (A&BC) has contracted ABPmer to provide Designated Person services for its ports, harbours and piers. Part of this service includes the provision of annual auditing to establish if the Harbour Authority is compliant with the requirements of the Port Marine Safety Code (PMSC). The scope of the audit includes a review of Harbour Authority performance against the standard laid out within the latest edition of the Code. Any aspects that do not comply with, or fully address, the requirements of the Code will be identified, and recommendations for improvement will be made. 2.2 Audit definitions and outcomes The following definitions are used in the audit report: Non-compliance: is a failure to adhere to a legal requirement such as an Act, Order or its Regulations. The Port Marine Safety Code requires organisations to confirm compliance with the requirements of the Code. Therefore, Port Marine Safety Code audits are designed to test the requirements of the Code with any failure to comply identified as a ‘non-compliance’. Non-conformity: is an opportunity for the management system to improve through the identification of a requirement that is not met. Non-conformities are not regulatory but relate to the port or harbour’s own operational instructions which are not met or fully met. Any non-conformities identified through the audit process are identified in bold text in the report. Evidence: Non-compliances and Non-conformities are identified through factual evidence sampled during the audit. 2.2.1 Outcomes The audit report uses the following outcomes: Non-Compliance: a non-compliance with the requirements of the Code which are a breach of legal obligations or may compromise marine safety, environmental safety or present a significant reputational risk. Recommendations for addressing non- compliances are identified in red. Observation: refers to an improvement opportunity such as an update to information, procedural change, or a non-conformity with local operating instructions. Whilst observations are defined as improvement opportunities, addressed 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. Page 82
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Port Marine Safety Code - Audit: Dunoon Harbour 2021 Argyll and Bute Council ABPmer, October 2021, R.3729 | 4 2.3 Audit date and criteria The audit was carried out on-site at Dunoon Harbour and Pier on the 23 September 2021. 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 Paul Lambert PL Dunoon – Harbour Master Scott Reid SR Marine Operations Manager Page 83
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Port Marine Safety Code - Audit: Dunoon Harbour 2021 Argyll and Bute Council ABPmer, October 2021, R.3729 | 5 3 Audit Summary Number Key Measures Ten-Point ‘Health Check’ 1 Duty Holder 0 2 5 2 Designated Person 0 2 2 3 Legislation 1 3 4 4 Duties and Powers 1 19 33 5 Risk Assessment 2 2 3 6 MSMS 0 6 10 7 Review and Audit 0 1 4 8 Competence 0 9 3 9 Plan 1 0 2 10 Aids to Navigation 0 0 2 Total 5 44 68 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 Dunoon Harbour and Pier is found not to be fully compliant with the requirements of the Port Marine Safety Code. The following non-compliances were recorded: A copy of Dunoon’s local legislation in the form of Acts and Orders is not held. It is recommended that local Acts and Orders, relevant to Dunoon Harbour and Pier are located and copies retained in the Council’s legal archive, with a local copy available to the Dunoon Harbour Master and team for reference. The MSMS does not list relevant Acts or Orders for Dunoon, nor are the harbour limits shown. The MSMS must contain information on the local legislation for Dunoon 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 MSMS does not address dynamic risk assessment [see the GtGP (DfT, 2018) Section 4.4]. 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 44 observations relating to improvement opportunities for management consideration, the detailed findings being presented in Appendix A. Marine operations and quayside checks were also carried out, 2 observations were identified, the detailed findings being presented in Appendix B. Page 84
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Port Marine Safety Code - Audit: Dunoon Harbour 2021 Argyll and Bute Council ABPmer, October 2021, R.3729 | 6 The following points identify the more significant items: Marine risk assessment creation and review (via MarNIS) is the role of the Harbour Master at Dunoon. Knowledge and experience within the Dunoon Team should be broadened to provide a wider skills base. The review process has limited involvement from others, the experience and knowledge of the Pier Operatives should be used along with that of other relevant harbour users. Participants in the review should be included in the risk assessment attendees and notes section. The MSMS contains various sections of national guidance, some of which are generic in nature and not tailored to A&BC’s specific circumstances. The MSMS should be fully reviewed to remove extraneous information and provide tailored procedures to each port, harbour and pier. 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. It is recommended that policy is separated from the body of the MSMS manual and presented as a policy pack (or similar). 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 records worksheet (would appear) to document Harbour Masters and Assistant Harbour Masters, plus the Marine Operations Admin Officer. Other personnel are not included. The Harbour Authority should consider how it wishes to maintain staff training records. Evidence suggest that some roles are monitored centrally (for example, Harbour Masters) with Pier/Marina Operatives monitored at a local level. Marine facility inspections at Dunoon includes Port Riddell, which is not recorded on the inspection sheet. It is unclear if Port Riddell is on A&BC’s asset register. The appointment letter for the statutory role of Harbour Master does not include reference to appointment by the Harbour Authority under relevant local Acts and Orders. There is an informal set of user guidelines for Dunoon, written in the form of General Directions. This information would be useful to formalise and issue to the harbour stakeholders as ‘navigational guidelines’. Should Pier Operatives work on the quayside or outside of the barrier area on the linkspan, the risk assessment for quayside working should be reviewed to consider if additional PPE is required. The following points of best practice are noted: Provision and maintenance of Aids to Navigation is recognised as an area of best practice with a 100% availability for Category 3 and 99.6% 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. Page 85
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Port Marine Safety Code - Audit: Dunoon Harbour 2021 Argyll and Bute Council ABPmer, October 2021, R.3729 | 7 4 References DfT, 2016. Port Marine Safety Code, Department for Transport (DfT) a, November 2016. DfT, 2018. A Guide to Good Practice on Port Marine Operations Prepared in conjunction with the Port Marine Safety Code 2016, Department for Transport (DfT), February 2018. Health and Safety Executive (HSE), 2014. ‘Safety in Docks: Approved Code of Practice and Guidance’ (ACOP)’, Publication L148. ISO 9001: Quality Management Systems. International Organization for Standardization. MCA, 2018. Navigation: Vessel Traffic Services (VTS) and Local Port Services (LPS) in the United Kingdom. Marine Guidance Note: MGN 401 (M+F) Amendment 2. Maritime & Coastguard Agency, October 2018. Ports of Scotland, 2020. Yearbook, 39th 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://spatialdata.gov.scot/geonetwork/srv/eng/catalog.search#/metadata/Marine_Scotland_FishDAC _1655 https://www.argyll-bute.gov.uk/marine-safety-management-system https://www.argyll-bute.gov.uk/moderngov/ieListDocuments.aspx?CId=567&MId=14305 https://www.argyll-bute.gov.uk/ports-and-harbours-vessels/ports-and-harbours-rates-vessels https://www.gov.uk/maib-reports/grounding-of-general-cargo-vessel-jackie-moon-off-dunoon- breakwater-in-the-firth-of-clyde-scotland Page 86
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Port Marine Safety Code - Audit: Dunoon Harbour 2021 Argyll and Bute Council ABPmer, October 2021, R.3729 | 8 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 847 hi-viz High-visibility HR Human Resources 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 MSMS Marine Safety Management System MV Motor Vessel / Merchant Vessel n/a Not Applicable NMPI National Marine Plan Interactive 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 PPE Personal Protective Equipment PSS Port Skills and Safety QMS Quality Management System RATSA Railways and Transportation Safety Act SAC Special Areas of Conservation SEPA Scottish Environment Protection Agency Page 87
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Port Marine Safety Code - Audit: Dunoon Harbour 2021 Argyll and Bute Council ABPmer, October 2021, R.3729 | 9 SHA Statutory Harbour Authority SIP Safety in Port 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. Page 88
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Appendices Page 89
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Port Marine Safety Code - Audit: Dunoon Harbour 2021 Argyll and Bute Council ABPmer, October 2021, R.3729 | 11 A Detailed Audit Findings A.1 PMSC Section 1 – Accountability for Marine Safety PMSC / GtGP Reference Subject Evidence Required For Compliance Evidence of Compliance Recommendation Evidence Reference Auditor 1.3-1.5 Duties and Powers Is the Organisation’s Duty of Care for users of the harbour, port of facility stated? Satisfactory – A&BC’s Marine Safety Management System (MSMS), 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? Non-compliance – the harbour does not hold a copy of its local legislation. Internet searches have identified the following legislation: The Pier and Harbour Orders Confirmation (No. 2) Act, 1895 – Schedule 3 Dunoon Construction of Piers. Dunoon Burgh Pier Order 1896. Pier and Harbour Orders Confirmation (No. 2) Act, 1906 - Part 2, Dunoon Burgh Harbour Order. Recommendation – the local Acts and Orders, relevant to Dunoon Pier and Harbour are located and copies retained in the Council’s legal archive, with a local copy available to the Dunoon Harbour Master and team for reference. MJS_001 MJS Is the Harbour, Docks and Piers Clauses Act (HDPCA) 1847 incorporated into local Acts and Orders? Satisfactory – some sections of the ‘Dunoon Burgh Harbour Order 1906’ have been located. With respect to incorporation of the HDPCA into local Acts and Orders, it is noted that: The 1906 Act Section 20(1) references powers under the HDPCA to create Byelaws. The following sections of the HDPCA are known to be incorporated into local Acts and Orders: 25, 26, 28, 99 The 1906 Act Section 20(4) states that Section 84 and 85 of the HDPCA are not incorporate; Section 46(1) states that Section 16 to 19 are not incorporated. MJS_004 MJS Page 90
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Port Marine Safety Code - Audit: Dunoon Harbour 2021 Argyll and Bute Council ABPmer, October 2021, R.3729 | 12 PMSC / GtGP Reference Subject Evidence Required For Compliance Evidence of Compliance Recommendation Evidence Reference Auditor Cont. 1.3-1.5 Cont. Duties and Powers Is the Harbour, Docks and Piers Clauses Act (HDPCA) 1847 incorporated into local Acts and Orders? Observation – it is not known how many sections of the HDPCA 1847 are incorporated into local Acts and Orders. Hence, the full scope of powers and duties cannot be ascertained. Recommendation – following the acquisition of all relevant local Acts and Orders, a list of incorporated sections of the HDPCA 1847 should be made. These sections will need to be incorporated into the relevant section of the MSMS for Dunoon. MJS_004 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 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). Observation – 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 visit was organised in Oban on 24 September 2021. The MSMS is provided on the Council’s website making it a simple process to view an up to date copy. 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 eight Councillors of the Harbour Board, plus the Council’s Executive Director of Development and Infrastructure Services (as Duty Holder) have attended training run on 14 May 2021. 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. MJS_002 MJS_006 MJS Page 91
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Port Marine Safety Code - Audit: Dunoon Harbour 2021 Argyll and Bute Council ABPmer, October 2021, R.3729 | 13 PMSC / GtGP Reference Subject Evidence Required For Compliance Evidence of Compliance Recommendation Evidence Reference Auditor 1.11-1.12 The Designated Person Has the Harbour Authority appointed an individual as the Designated Person? Satisfactory – the Duty Holder has appointed ABPmer to provide Designated Person services, with Monty Smedley as the named Designated Person. This contract commenced on 01 November 2021. The Designated Person’s contact details were posted on the Dunoon staff mess-room notice board. Observation – the Designated Person’s contact details are not available to the harbour community (stakeholders). Recommendation – the Designated Person’s contact details are made available, for example, on the Council’s website. n/a MJS 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 Page 92
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Port Marine Safety Code - Audit: Dunoon Harbour 2021 Argyll and Bute Council ABPmer, October 2021, R.3729 | 14 PMSC / GtGP Reference Subject Evidence Required For Compliance Evidence of Compliance Recommendation Evidence Reference Auditor Cont. 1.9, 1.14 – 1.15 Cont. Harbour Master Does an officer with responsibilities for marine safety attend Board meetings? Satisfactory – three times a year, a report is provided by the Executive Director for Roads and Infrastructure; major issues are raised to the Harbour Board. Evidence from the Harbour Board meeting of 02 September 2021 identifies reports including the Marine Asset Management Plan, Oban Bay Harbour Authority Proposal and the Port Marine Safety Code report (which includes a Designated Person Briefing note). MJS_006 MJS_007 MJS_009 https://www.arg yll- bute.gov.uk/mo derngov/ieListD ocuments.aspx? CId=567&MId= 14305 MJS 1.16 – 1.17 The Organisation’s Officers Does the MSMS provide details of the organisation’s Officers and their responsibilities for marine safety? Satisfactory – the MSMS, Section 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 Page 93
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Port Marine Safety Code - Audit: Dunoon Harbour 2021 Argyll and Bute Council ABPmer, October 2021, R.3729 | 15 A.2 PMSC Section 2 – Key Measures Needed to Secure Marine Safety PMSC / GtGP Reference Subject Evidence Required For Compliance Evidence of Compliance Recommendation Evidence Reference Auditor 2.2 Further guidance Does the organisation review any of the following: MAIB digest / reports MCA health check trends Satisfactory – the MCA Health Checks trends was included in the Designated Person’s briefing note which was tabled at the 02 September 2021 Harbour Board meeting. Evidence sighted. Information from the MAIB and the BPA in the former of safety circulars are distributed by the Marine Operations Admin Officer. Evidence sighted. Observation – it would be useful to brief Dunoon harbour staff on any relevant MAIB or BPA information as part of the Dunoon monthly team briefing. Recommendation – adding to the standing agenda for the Dunoon monthly team briefing. MJS_008 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 Dunoon, plus an Ordnance Survey 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 Dunoon, nor are the harbour limits shown. Recommendation – the MSMS must contain information on the local legislation for Dunoon 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 last revision of local Acts and Orders at Dunoon was in 1906. As a Council wide exercise, a project to modernise local legislation by replacing it with a new single Act is being progressed. Evidence sighted. Observation – it is not known if Council Legal Services hold copies of the Dunoon Harbour Acts and Orders. Recommendation – providing the local Acts and Orders to Council Legal Services for retention in Council records. MJS_004 MJS Page 94
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Port Marine Safety Code - Audit: Dunoon Harbour 2021 Argyll and Bute Council ABPmer, October 2021, R.3729 | 16 PMSC / GtGP Reference Subject Evidence Required For Compliance Evidence of Compliance Recommendation Evidence Reference Auditor Cont. 2.3 – 2.6 Cont. Review existing powers Cont. Is the organisation’s jurisdiction mapped and clear? Satisfactory – the Council has clear information on the harbour limits, evidence of this provided. Harbour limits are also shown on the Marine Scotland National Marine Plan Interactive (NMPI) portal. Observation – the harbour limits are not shown on the Admiralty Chart No.1994, ‘Approaches to the River Clyde’ nor are limits on the Admiralty Chart No. 3746 ‘Loch Long and Loch Goil’. Recommendation – provide information to the UK Hydrographic Office (UKHO) to allow the inclusion of harbour limits on nautical charts. MJS_003 https://spatialda ta.gov.scot/geo network/srv/en g/catalog.search #/metadata/Ma rine_Scotland_Fi shDAC_1655 MJS 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 16 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. This is considered an area of best practice. MJS_001 MJS_011 MJS_012 MJS_013 MJS How does the organisation ensure those undertaking marine risk assessment are competent in the role? Satisfactory – the Harbour Master has undertaken two training courses for marine risk, completed on 02 September 2019 and 02 March 2021. Certificates sighted. Observation – responsibility for marine risk assessment (via MarNIS) is included within the role of the Harbour Master at Dunoon. Knowledge and experience in updating and creating marine risk assessments should be broadened to provide a wider skills base at Dunoon. Recommendation – the skills base of the Dunoon harbour team around marine risk assessments is broadened. MJS_001 MJS_014 MJS_015 MJS Are stakeholders included in marine risk review/assessments? Satisfactory – risk assessments are conducted with the Assistant Harbour Master. Observation – the review process has limited involvement from stakeholders and would benefit from wider engagement from pier operatives and users. Recommendation – the experience and knowledge base of the Pier Operatives should be used in marine risk assessment review. Consider including relevant harbour users. Participants in the review should be included in the risk assessment attendees and notes sections. MJS_001 MJS_011 MJS Page 95
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Port Marine Safety Code - Audit: Dunoon Harbour 2021 Argyll and Bute Council ABPmer, October 2021, R.3729 | 17 PMSC / GtGP Reference Subject Evidence Required For Compliance Evidence of Compliance Recommendation Evidence Reference Auditor Cont. 2.7 – 2.11 Cont. Use of Formal Risk Assessment (FRA) 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 expectation 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 Is a system of Dynamic Risk Assessment (DRA) used and included in the MSMS? Non-compliance – 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_001 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 Page 96
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Port Marine Safety Code - Audit: Dunoon Harbour 2021 Argyll and Bute Council ABPmer, October 2021, R.3729 | 18 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 objectives with measurable 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? Satisfactory – the MSMS Section 4 addresses ‘Consultation’, with sections on consultation policy, statutory consultation and consultation with interested parties. At Dunoon, a Pier User Group is established. This group is consulted on an annual basis. Stakeholders include CFL, The Waverly and Shearwater Divers. The last meeting was July 2021 (held remotely), evidence sighted. MJS_001 MJS_016 MJS 2.18 Competence standards Are personnel qualified and trained for their marine safety role? Satisfactory – a training matrix is provided for the Harbour Authority, this identifies the Essential, Required, Advantageous and Not Required training. Harbour Masters, Assistant Harbour Masters and Pier Operatives/Marina Operatives are identified. The training matrix is considered to be well-structured and laid out in an easy to follow format. 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. All of which have defined responsibilities and safety roles. Recommendation – review the matrix to ensure it documents all job roles with a remit for delivering marine safety functions for the Harbour Authority. MJS_001 MJS_014 MJS_015 MJS Page 97
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Port Marine Safety Code - Audit: Dunoon Harbour 2021 Argyll and Bute Council ABPmer, October 2021, R.3729 | 19 PMSC / GtGP Reference Subject Evidence Required For Compliance Evidence of Compliance Recommendation Evidence Reference Auditor Cont. 2.18 Cont. Competence standards Are personnel qualified and trained for their marine safety role? Observation – it is not clear what the terms ‘Essential’ and ‘Required’ mean on the matrix. Observation – the training matrix identifies roles and named individuals. As the matrix is a list of training against specific job roles, the names of individual post-holders are not necessary. 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 – provide definitions for the terms used on the matrix for the avoidance of doubt. Recommendation – the removal of names from the Harbour Authority’s training matrix (note: training records do require individual named employees). Recommendation – review the wording of the MSMS Section 6.3 and updated to the current process. MJS_001 MJS_014 MJS_015 MJS 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. The sheet contains two worksheets (tabs), the first documents training records and the second documents role requirements. Individual staff are identified with dates of training and certification held in day/month/year format. In addition, at Dunoon the Harbour Master keeps a local record of all staff training. Observation – it is not clear if the ‘role requirement’ tab in the Training Record spreadsheet is current or has been superseded by the separate spreadsheet ‘Harbour Training Matrix 2021’. Recommendation – any redundant information or tabs are removed. One version of the matrix prevents ambiguity. MJS_001 MJS_014 MJS_015 MJS_019 MJS Page 98
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Port Marine Safety Code - Audit: Dunoon Harbour 2021 Argyll and Bute Council ABPmer, October 2021, R.3729 | 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 list of the organisation’s staff, training received, qualifications held and/or experience required for their role? Observation – the training records worksheet (tab) indicates the date of attendance on courses, qualifications expiring are shown in red. Observation – the layout of the ‘Training Records’ could be improved by adopting the same or similar list as used in the matrix. This would allow for an easier comparison. Observation – the training records worksheet (would appear) to document Harbour Masters and Assistant Harbour Masters, plus the Marine Operations Admin Officer. Other personnel are not included. Recommendation – the addition of attendance and expiry dates (as two columns) to clarify information. Recommendation – organising the training record sheet to match the training matrix course list. Recommendation – the Harbour Authority considers how it wishes to maintain staff training records. Evidence suggest that some roles are monitored centrally (for example, Harbour Masters) with Pier/Marina Operatives monitored at a local level. MJS_001 MJS_014 MJS_015 MJS_019 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): 2004: Cargo vessel allision with breakwater. 2009: Waverley allision with the breakwater. 2017: MV Coruisk (ferry) near miss (impact) due to loss of power on approach to Dunoon berth. 2018: Alicat (ferry) engine room fire on approach to Dunoon berth. Observation – incidents occurring prior to the active use of MarNIS are not contained within the harbour’s records at Dunoon. To provide a long-term incident trend, it would be useful to retrospectively add records where this effort is not a significant undertaking. Recommendation – the retrospective addition of incident records to the MarNIS database. MJS_017 MJS_018 MJS_019 https://www.go v.uk/maib- reports/groundi ng-of-general- cargo-vessel- jackie-moon- off-dunoon- breakwater-in- the-firth-of- clyde-scotland MJS Page 99
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Port Marine Safety Code - Audit: Dunoon Harbour 2021 Argyll and Bute Council ABPmer, October 2021, R.3729 | 21 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. Anecdotal information from Dunoon suggests that local police liaison is good with the Harbour Master and team regularly in contact with local police resources. 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) as required. Evidence of the MV Ali Cat provided. MJS_017 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’. The last MAIB report was made in 2018 for the MV Alicat engine room fire. 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. This meets the expectation of the GtGP for an external audit every three years. The last internal audit was carried out at Dunoon on 23 July 2021. The Internal Audit was a comprehensive check against the Guide to Good Practice (DfT, 2018). MJS_020 MJS_021 MJS_022 MJS_045 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 is no specific actions for Dunoon with respect to enforcement. This links to topics of duties and powers, local legislation and byelaws. Recommendation – the development of Dunoon specific information on expectations around enforcement. 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 Page 100
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Port Marine Safety Code - Audit: Dunoon Harbour 2021 Argyll and Bute Council ABPmer, October 2021, R.3729 | 22 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. MJS_016 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 to confirm its current state of compliance with the Code. Letter evidenced. MJS_023 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 operating marine facilities within the jurisdiction of the Harbour Authority. n/a MJS Page 101
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Port Marine Safety Code - Audit: Dunoon Harbour 2021 Argyll and Bute Council ABPmer, October 2021, R.3729 | 23 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. Observation – the inspection includes Port Riddell, which is not recorded on the inspection sheet. It is unclear if Port Riddell is on A&BC’s asset register. Recommendation – if Port Riddell is in the ownership of A&BC, it should be added to the Council’s asset list. Any inspection of assets (such as Port Riddell) should be recorded. MJS_001 MJS_041 MJS 3.5 Open port duty Is the port or harbour subject to Open Port Duty’? Satisfactory – it is not known if A&BC as Harbour Authority at Dunoon has an Open Port Duty under Section 33 of the ‘Harbours, Docks and Piers Clauses Act 1847’. It is inferred that this duty exists as harbour dues are charged for use of the harbour area by vessels. Observation – the inclusion of open port duty cannot be confirmed without reference to the Dunoon’s local Acts and Orders. Recommendation – following location of Dunoon’s local Acts and Orders, inclusion of Section 33 should be established and information added to the relevant section of the MSMS. MJS_001 MJS_002 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 12 February 2020. Information was passed by the survey contractor to UKHO. Evidence sighted. MJS_001 MJS_024 MJS_025 MJS Page 102
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Port Marine Safety Code - Audit: Dunoon Harbour 2021 Argyll and Bute Council ABPmer, October 2021, R.3729 | 24 PMSC / GtGP Reference Subject Evidence Required For Compliance Evidence of Compliance Recommendations Evidence Reference Auditor 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 Dunoon 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 Dunoon 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_031 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 Page 103
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Port Marine Safety Code - Audit: Dunoon Harbour 2021 Argyll and Bute Council ABPmer, October 2021, R.3729 | 25 PMSC / GtGP Reference Subject Evidence Required For Compliance Evidence of Compliance Recommendations Evidence Reference Auditor 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_032 MJS_046 MJS 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 on 23 April 2021 which focused on deploying spill kits around outfalls, storm drains and covers. 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 would be beneficial to schedule. Recommendation – the production of a yearly planner to detail emergency exercises. MJS_028 MJS_029 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 Harbour Revision Order was made in 1906. MJS_005 MJS Page 104
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Port Marine Safety Code - Audit: Dunoon Harbour 2021 Argyll and Bute Council ABPmer, October 2021, R.3729 | 26 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 – an appointment letter for the Harbour Master sighted, confirmed in post by the Council (as Harbour Authority) on 29 November 2004. Observation – the appointment letter for the statutory role of Harbour Master does not include reference to appointment 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_033 MJS 4.3 – 4.5 Byelaws Does the organisation have powers to make Byelaws, are these published? Satisfactory – under Section 20(1) of the Dunoon Burgh Harbour Order 1906, 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 Dunoon. 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. MJS_029 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 Dunoon does not provide information on how powers of Special Direction are used for controlling vessel movements. Observation – typically, powers of Special Direction are conveyed by the HDPCA 1847, Section 52. It has not been possible to establish if this provision is included within local Acts and Orders. Recommendation – the MSMS Annex on Dunoon expands on Directions and how they are issued/used by harbour staff. Recommendation – review local legislation and conclude if powers of Special Direction are available to harbour staff, following which, delegation of powers from the Harbour Master should be considered. MJS_002 MJS Page 105
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Port Marine Safety Code - Audit: Dunoon Harbour 2021 Argyll and Bute Council ABPmer, October 2021, R.3729 | 27 PMSC / GtGP Reference Subject Evidence Required For Compliance Evidence of Compliance Recommendations Evidence Reference Auditor 4.8 General Directions Are the powers of General Directions available to the Harbour? Not applicable – it is thought that powers of General Direction are not available at Dunoon n/a MJS When were General Directions last reviewed? n/a 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 Pier 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 VHF. Nearly all traffic to the port is CFL vessel traffic, with the Waverly making three calls a week between June and August, and very occasional workboat and fishing vessel calls. The harbour office is open from 06:45 to 01:30 hrs every day (or hours to match the ferry schedule). MJS_001 MJS_031 MJS Page 106
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Port Marine Safety Code - Audit: Dunoon Harbour 2021 Argyll and Bute Council ABPmer, October 2021, R.3729 | 28 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? Not applicable – the harbour is not used by any vessels requiring CERS reporting. n/a 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, 2018). MJS_002 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. 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 – the Dunoon SHA is bordered by Clydeport’s SHA, which is also a CHA. Any vessels meeting the requirements to take a Pilot on approach to Dunoon (within Clydeport’s CHA) will be managed by Clydeport, including the issue of Pilotage Exemption Certificates (PECs). n/a 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 Page 107
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Port Marine Safety Code - Audit: Dunoon Harbour 2021 Argyll and Bute Council ABPmer, October 2021, R.3729 | 29 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 Admiralty List of Radio Signals (ALRS), Volume 6, is up to date for Dunoon. A copy of CFL’s passage plan is held by the Harbour Master. Observation – there is an informal set of user guidelines, written in the form of General Directions. This information would be useful to formalise and issue to the harbour stakeholders as ‘navigational guidelines’. Recommendation – the review and issue of navigational guidelines to harbour stakeholders. MJS_034 MJS_035 MJS_036 MJS_037 MJS_038 Ports of Scotland, 2020. Yearbook, 39th Edition. MJS GtGP 8.10 Recreational navigation Are recreational users of the harbour considered? Not applicable – there is no recreational use of the harbour. n/a 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/por ts-and- harbours- vessels/ports- and-harbours- rates-vessels MJS Page 108
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Port Marine Safety Code - Audit: Dunoon Harbour 2021 Argyll and Bute Council ABPmer, October 2021, R.3729 | 30 PMSC / GtGP Reference Subject Evidence Required For Compliance Evidence of Compliance Recommendations Evidence Reference Auditor 4.21-4.23 Aids to Navigation Are defects and rectification of defects recorded? Satisfactory – as the Local Lighthouse Authority (LLA) the following Aids to Navigation are maintained: 1x CAT 2: Fixed Red Vertical lights at the north end of the Victorian Pier. 1x CAT 2: Fixed Red Vertical lights at the end of the breakwater. Checking of the AtoN forms part of the pier asset inspection regime. MJS_041 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 as: Cat 2 = 99.6% (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 and with respect to marking of wrecks. These is no history of wrecks, derelict or abandoned vessels in the harbour. 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 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 address 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 using the harbour. n/a MJS Page 109
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Port Marine Safety Code - Audit: Dunoon Harbour 2021 Argyll and Bute Council ABPmer, October 2021, R.3729 | 31 PMSC / GtGP Reference Subject Evidence Required For Compliance Evidence of Compliance Recommendations Evidence Reference Auditor Cont. GtGP - 10 Cont. Towage Operations 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 21 June 2021 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 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”. As hot works are not carried out at Dunoon, there is no history of using the ‘Hot Work Permit’. 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”. The Harbour Master at Dunoon stated that bunkering does not occur within the harbour. MJS_001 MJS Page 110
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Port Marine Safety Code - Audit: Dunoon Harbour 2021 Argyll and Bute Council ABPmer, October 2021, R.3729 | 32 PMSC / GtGP Reference Subject Evidence Required For Compliance Evidence of Compliance Recommendations Evidence Reference Auditor 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 – anecdotal information suggests that workboats do visit the harbour area occasionally, without the knowledge of harbour staff. 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 Page 111
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Port Marine Safety Code - Audit: Dunoon Harbour 2021 Argyll and Bute Council ABPmer, October 2021, R.3729 | 33 B Quayside and Marine Operations Visual observation of the Victorian Pier and the breakwater berth (comprised of the main (north) berth and hammerhead berth) were undertaken during the site visit on the 23 September 2021. B.1 Quayside Checks 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 breakwater berth is clear of debris. The section of the Victorian Pier open to pedestrians is clear of debris and the surface is appropriate to its use. MJS Pedestrian/Disabled access for passengers or leisure users? Satisfactory – the breakwater berth has security fence restrictions, preventing the public accessing the berth face. Pedestrian access to the ferry is via the linkspan, which is gated and opened by Pier Operatives on the ferry’s arrival. MJS Is the type and condition of quayside surface appropriate to the operation? Satisfactory – the breakwater berth has open and well-maintained quayside space. The Victorian Pier section open to the public is clear of debris and the surface is appropriate to its 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 breakwater berth has access ladders which are fitted with hand grabs/rails at the top. The Victorian Pier has barriers restricting pedestrian access to one section only, access to the water is prohibited. MJS Is there appropriate LSE at quay edge? Satisfactory – life saving appliances/rings are located around the breakwater and pier edges. MJS SIP 005 Bollards and securing equipment Does the general condition of bollards appear to be in good order? Satisfactory – bollards on the breakwater berth are well maintained and painted yellow. MJS Are the bollards numbered and Safe Working Load (SWL) shown? Satisfactory – bollards on the breakwater berth have SWL as part of the casting information (typically 30 t SWL). MJS Are additional bollards/rings required? Satisfactory – ample bollards are provided on the breakwater berth. The Victorian Pier is not used for vessel operations, bollards are fitted but would require engineer evaluation before being used. MJS Page 112
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Port Marine Safety Code - Audit: Dunoon Harbour 2021 Argyll and Bute Council ABPmer, October 2021, R.3729 | 34 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 breakwater berth is spring rubber vertical fendering which is appropriate to its use. MJS Is the condition of the fendering in good order? Satisfactory – breakwater fendering is in good condition. MJS Are chaffing plates used? Satisfactory – along the breakwater berth, wooden sacrificial beams are used to prevent line chaffing. 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 breakwater berth. The pedestrian areas of the Victorian Pier are lit. MJS ACOP 58-60 Layout Is adequate separation delineated between quayside operations? Satisfactory – the breakwater berth has security fence restrictions, preventing the public accessing the berth face. Pedestrian access to the ferry is via the linkspan, which is gated and opened by Pier Operatives on ferry arrival. The Victorian Pier section open to the public has barriers to prevent access to sections considered unsafe. Image B1.1 and Image B2.2 show the Victorian Pier restricted area which are considered unsafe for public access. Vessels are not permitted to berth at the Victorian Pier. MJS ACOP 82 Signage Is appropriate signs and markings provided Satisfactory – signage around the piers prohibits fishing and cycling. MJS Page 113
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Port Marine Safety Code - Audit: Dunoon Harbour 2021 Argyll and Bute Council ABPmer, October 2021, R.3729 | 35 Image B1.1 Victorian Pier, north view Image B1.2 Victorian Pier, south view Page 114
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Port Marine Safety Code - Audit: Dunoon Harbour 2021 Argyll and Bute Council ABPmer, October 2021, R.3729 | 36 B.2 Marine Operations Marine operations at Dunoon were observed on 23 September 2021. This included the mooring procedure for the Ali Cat arrival, plus the Personal Protective Equipment (PPE) used by Pier Operatives and the procedure followed for link span operation and berthing. Reference Subject Evidence Required For Compliance Observation Recommendations Auditor GtGP 10.6.1 ACOP 42 SIP 005 Communication Is there direct communication between ship and shore personnel? Satisfactory – Pier Operatives have access to VHF radios; anecdotal information identifies that mobile phones are the usual method of communications with the ferry. MJS Is there adequate communication with boats during mooring? Satisfactory – Pier Operatives position themselves at the end of the linkspan to guide ferry berthing. MJS Are hand signals used and appropriate? Satisfactory – Pier Operatives use hand signals and guide the vessel, giving verbal instructions to ferry staff who are manning the stern passenger access point. MJS GtGP 11.7 SIP 005 Planning Is the mooring pattern appropriate to the quay/vessel and weather conditions? Satisfactory – the mooring pattern is designed, installed and maintained by CFL. The bow mooring point is fixed, the ferry deploys additional bow and stern moorings. MJS SIP 005 Self-mooring Do vessels self-moor? Satisfactory – vessels self-moor using a CFL approved mooring plan. Mooring plan sighted. MJS SIP 005 Line handling Do mooring personnel avoid stepping over lines or standing between lines and quay edge? Not applicable – not observed. MJS Are multiple lines ‘dipped’ on bollards? Not applicable – not observed. MJS Are messenger lines thrown appropriately? Not applicable – not observed. MJS Are mooring personnel ‘backed-up’ on heavy lines? Not applicable – not observed. MJS Do mooring personnel release heavy lines appropriately? Not applicable – not observed. MJS Mooring personnel using appropriate handling? Not applicable – not observed. MJS Are heaving lines weighted? Not applicable – not observed. MJS Page 115
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Port Marine Safety Code - Audit: Dunoon Harbour 2021 Argyll and Bute Council ABPmer, October 2021, R.3729 | 37 Reference Subject Evidence Required For Compliance Observation Recommendations Auditor SIP 005 Use of equipment Is the Safe Working Load (SWL) of bollards appropriate to the load being placed on? Satisfactory – bollards are (considered to be) above the restraint capacity needed for the ferry usually assigned to the route. MJS Are mooring lines used at an appropriate angle for the infrastructure? Satisfactory – mooring lines are set at an appropriate angle, mostly horizontal. MJS Are mooring lines maintained at an appropriate length throughout the operation? Satisfactory – for the time the vessel was on-berth, mooring lines did not require adjustment. MJS ACOP 58-67 SIP 014 Operational control Is there concurrent activity alongside the mooring operation? Satisfactory – no concurrent activity. The berth is a dedicated ferry berth, occasionally visiting craft (salt ship, the Waverly, or visiting workboats) may carry out concurrent activity. MJS GtGP 11.4 SIP 005 Personnel and equipment Are harbour personnel wearing appropriate PPE? Satisfactory – Pier Operatives on the linkspan were noted to wear high viability (hi-viz) clothing. The linkspan is barriered, with Pier Operatives working inside of the barriered area. Observation – should Pier Operatives work on the quayside or outside of the barrier area on the linkspan, the risk assessment should be reviewed to consider if additional PPE is required. Recommend – review the risk assessment and procedure for quayside working PPE requirements. MJS Is adequate manning provided for running marine operations, handling lines and operating a safe harbour. Satisfactory – anecdotal information identifies that the harbour has sufficient staff to safely provide marine operations. Staff are arranged into three, two-person teams with a shift pattern that matches the ferry arrivals and departures timetable. MJS Is any additional equipment required and is equipment in use in good working order? Satisfactory – observation of the breakwater berth including the linkspan, main (north) berth and hammerhead berth, in the auditor’s opinion was well maintained. Observation – the Victorian Pier was in a deteriorated state, and unusable for vessel berthing. See B2.1 and B2.2. Note: the Victorian pier is not open to vessel traffic, this is managed by the Harbour Master and marine team at Dunoon. Recommend – the pier is not used for vessel berthing without remedial works. MJS Page 116
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Port Marine Safety Code - Audit: Dunoon Harbour 2021 Argyll and Bute Council ABPmer, October 2021, R.3729 | 38 Image B2.1 Victorian Pier, south side, steps not in use Image B2.2 Victorian Pier, deteriorated decking Page 117
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ARGYLL AND BUTE COUNCIL HARBOUR BOARD ROADS AND INFRASTRCUTURE SERVICES 1 SEPTEMBER 2022 OBAN BAY UPDATE 1.0 INTRODUCTION 1.1 This report is provided to update Members on the progress being made since the decision of the Special Harbour Board meeting in December 2021 and the previous updates to the Harbour Board meetings in March 2022 and August 2022 in respect of Oban Bay. 2.0 RECOMMENDATIONS 2.1 The Harbour Board is asked to note and consider the update provided in this report. 3.0 DETAIL 3.1 An additional consultation process is ongoing at the time of writing this report and due to close at the end of August following a 6 week period. As part of this process we have sent details to over 1000 addresses including Argyll & Bute Council Elected Members; Commercial and organised groups with an interest in Oban Bay; Community Councils; and 899 individuals within both Oban, Lorn and the Isles Wards, who have subscribed to the ‘keep in the loop’ subscription service, The ‘Keep in the Loop’ subscription service is a facility the council uses for consultation and information purposes.. Further, the consultation is web based making this widely open. Where individuals are unable to access online information, the Council will issue hard copies of information, on request. 3.2 List of Consultees:- Contact Category Contact Council Elected Members All Harbour Board and Area Committee Elected Members Community Councils (CC) Argyll and Bute CCs together with additional CCs where communities rely on Oban as a strategic marine transport destination Commercial and organised groups with an interest in Oban Bay 37 organisations Page 119 Agenda Item 6
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3.3 Draft Harbour Revision Order (HRO) Our legal team have produced the first draft of the HRO, at the time of writing this update, the HRO was being finalised. By the time of the meeting the draft will have been circulated to stakeholders for comment, and an update will be provided at the Harbour Board Meeting. 3.4 Meeting with Transport Scotland A meeting has been held with Transport Scotland officials to further discuss progress to date and the process of submitting the final HRO application. This meeting took place in Oban on 17th August and included a visual on site look at the proposed outer harbour limits as well as the overall layout of the Harbour and facilities. Transport Scotland reiterated their willingness to assist in the HRO process and feedback and advice on the HRO draft will continue. 3.5 Progress since March 2022 The key milestones for report to the next Harbour Board meeting are: (1) Marine Traffic Data Collection (summer) including stakeholder consultation – Results and analysis. (2) Recommended external Harbour Limits based on summer data & consultation information. (3) In the longer term we will be conducting a further data collection exercise in December which should the Harbour Board to confirm our position on the external Harbour Limits. (4) Draft of the HRO for review and comment including Powers and Provisions. (5) Completion of the HRO process including the NRA for Harbour Board approval. 4.0 CONCLUSION 4.1 Since the Special Meeting of the Harbour Board in December 2021, good progress has been made in preparing to submit a formal Harbour Revision Order. Once the key milestones outlined above are concluded, a further report will be brought back to Members of the Harbour Board to agree the limits and powers which will be included in the draft Order. 5.0 IMPLICATIONS 5.1 Policy – The Harbour Board agreed in December 2021 that the Council should proceed to make the arrangements to formally manage the unmanaged section of Oban Bay. Keep in the Loop Subscription Service 899 individuals who have addresses in the Oban, Lorn and Isles area who have subscribed to the council’s ‘Keep in the Loop’ Subscription Service. Web based questionnaire and information Open web page providing information and opportunity for responses. Page 120
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5.2 Financial – No financial implications at this stage. As the proposals develops further detail will be brought to the Harbour Board. 5.3 Legal – the HRO process is a formal legal process set out in the 1964 Harbours Act. 5.4 HR – HR implications will be identified as the proposal progresses. 5.5 Fairer Scotland Duty: 5.5.1 Equalities – None known. 5.5.2 Socio-economic Duty – None known. 5.5.3 Islands – consultation will be carried out with the island communities as a continuation and expansion of the Options Appraisal Process reported to the December Harbour Board. 5.6 Climate Change – due regard will be given to climate change with a view to minimising any climate change impact and these will be considered as and when they arise. 5.7 Risk - The Council progressing to become a Municipal Port Authority for the unmanaged areas of Oban Bay increases the safety within Oban Bay. There is a risk that there could be a number of objections and representations during the process which could impact on timescale and these will be considered as and when they arise. 5.8 Customer Service – None known. Kirsty Flanagan, Executive Director with responsibility for Roads and Infrastructure Jim Smith, Head of Roads and Infrastructure Policy Lead for Roads and Transport, Councillor Andrew Kain 11 August 2022 For further information contact: Jim Smith, Head of Roads and Infrastructure, or Scott Reid, Marine Operations Manager Page 121
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Harbour Board Work Plan 2022 - 2023 This is an outline plan to facilitate forward planning of reports to the Harbour Board. Date Report Designation Lead Service/ Officer Regularity of occurrence/ consideration Date of Reports to Committee Services Additional Comment 1 September 2022 Oban Bay Update Marine Operations Bi-Annual 9 August 2022 Marine Asset Management Plan Marine Operations Bi-Annual 9 August 2022 Port Marine Safety Code Marine Operations Bi-Annual 9 August 2022 Future Reports – dates to be determined Community Groups & Berthing Dues Review of Marine Services Working Practices Crane Provision at Campbeltwon Page 123 Agenda Item 7
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