The UK as an island nation relies heavily on its ports and marine sector for import and export of food, fuel and other materials, and to provide support to a range of sectors including energy, tourism, manufacturing and fishing. The safe operation of the UK’s ports and marine sector is vital to grow its economy and for maintaining its reputation as a major port and marine hub.
The Port Marine Safety Code (“PMSC”) has been in place since 2000 following the grounding of the Sea Empress in 1996. It has undergone various iterations and continues to be developed by the Maritime and Coastguard Agency (MCA) in consultation with the marine industry. The PMSC sets out a national standard for every aspect of port and marine facility safety. The last update was issued in 2016.
The MCA has recently issued a refreshed and updated document, now titled the “Port and Marine Facilities Safety Code”. Those familiar with the code will be pleased to hear that the original acronym has been retained and that it will continue to be referred to as the “PMSC”.
What has changed?
The PMSC has always applied to a range of marine facilities, not just ports, but the renamed code formally recognises its wide application and provides clarity on its scope beyond ports to include other marine facilities.
The updated PMSC applies to the following:
• Statutory/competent harbour authorities
• Municipal port or harbour authorities
• Trust port or harbour authorities
• Private port or harbour authorities
• State-owned port or harbour authorities
• Ministry of Defence dockyards and marine facilities
• Non-statutory port and harbour facilities
• All other marine berths, marinas, terminals, piers and jetties.
There have also been changes to the structure and wording has been clarified to make guidance easier to follow. For example, the PMSC sets out 10 key measures for its successful implementation, and whilst the 2016 version was split into four chapters the 2025 version is split into 10 chapters to mirror these key measures.
The role of the duty holder, responsible and accountable for an organisation’s compliance with the PMSC, has been strengthened, making certain duties for those following the PMSC mandatory rather than advisory, as was the case in the 2016 version.
What is required to comply with the PMSC?
The 10 key measures for ensuring safe marine operations include:
• Designating a duty holder
• Appointing a designated person
• Reviewing relevant legislation
• Defining duties and powers
• Conducting risk assessments
• Implementing a marine safety management system
• Reviewing and auditing the system
• Ensuring competency
• Developing a marine safety plan
• Fulfilling the conservancy duty
PMSC recognises that all 10 key measures may not apply to all organisations, and it is drafted in a way that encourages proportionate compliance. Guidance is provided on performance of the role of the duty holder and the designated person, as well as on duties and powers, relevant legal duties, assessment of risks, implementation of a Marine Safety Management System and publication of a Marine Safety Plan, and auditing and monitoring performance against the PMSC.
The PMSC should be read in conjunction with the newly updated Guide to Good Practice.
What happens if an organisation fails to comply with the PMSC?
It is not mandatory to comply with the PMSC and failure to do so is not in itself a criminal offence. However, those responsible for ports and marine facilities do have legal duties under marine legislation and the Health and Safety at Work Act 1974 to ensure that marine operations are conducted safely. The PMSC represents good practice as recognised by the marine industry, and any failure to adhere to good practice could indicate that an organisation is in breach of its legal duties, leading to potential criminal prosecution and damage to reputation.
The PMSC itself states that a link may be drawn between a failure to comply with the PMSC and prosecution under health and safety and other legislation. There have been prosecutions of Harbour Authorities where there has been a failure to implement the principles of the PMSC.
On the other hand, evidence of compliance with the PMSC could be relied upon by an organisation to support a defence where it is alleged a breach of health and safety and/or marine legislation has taken place.
The PMSC requires duty holders to report their organisation’s compliance with it to MCA every three years. The MCA normally announces when its next compliance exercise will begin. It has not yet done so, but the next one is expected to begin around six months after publication of the 2025 Code, so in around September 2025.
There are a few months until the MCA begins its next compliance exercise so now is a good time to consider whether your organisation is covered by the PMSC or whether any of the changes affect your current marine safety arrangements.
Get in touch with our health and safety team who can provide advice on compliance and would be happy to discuss your requirements.
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