Contact: Karen Everett, ext 6580 email: [email protected]

1. Summary

1.1 The Maritime and Coastguard Agency (MCA) is responsible for monitoring compliance with the Port Marine Safety Code (PMSC). The MCA has initiated measures to be assured all ports/harbours comply with the PMSC. As part of its measures the MCA has requested that the River Hamble Harbour Authority complete and sign the appended `Statement of Compliance' to assure its compliance with the PMSC. The report seeks the River Hamble Harbour Board's endorsement to the `Statement of Compliance' for signature by the Chairman of the Board.

1.2 As part of the PMSC Management System the endorsement of the Board is also required to the appended `Mission Statement' and `Policy Statements' for signature by the Chairman of the Board.

1.3 This report also requests Members of the Board to formally accept collective and individual responsibility for the proper exercise of their duties and powers of the River Hamble Harbour Authority to the standard required by the PMSC.

2. Corporate Strategy

2.1 This report supports Aims 1 to 5 of the Corporate Strategy (Maximising life opportunities; Stewardship of the environment; Achieving economic prosperity; Building strong and safe communities; and Improving Services) by contributing to the statutory duties entailed in the management of the River Hamble.

3. The Port Marine Safety Code

3.1 The PMSC introduces a national standard for every aspect of port marine safety. It establishes a measure by which Harbour Authorities can be held accountable for the legal powers and duties which they have to discharge to run their harbours safely.

3.2 The PMSC applies to all statutory Harbour Authorities, to the extent that they have duties and powers relating to marine safety. The PMSC applies to port marine operations, the well-established principles of risk assessment and safety management systems. Harbour Authorities must apply these principles if they are to discharge their legal duties and statutory powers to the national code that the PMSC establishes.

4. Accountability

4.1 Harbour Authorities have duties to ensure the safety of waters within their jurisdiction. Harbour Authorities should hold themselves publicly accountable for the duties they have to the public interest. They must treat these duties as primary. Their Boards are accountable for the standards they set, the resources they allocate to safety and for the effectiveness of systems they choose to adopt. Harbour Authorities are accountable not only to users but in respect of their local communities and natural environment as legitimate elements of the public interest.

5. Who is Accountable?

5.1 The PMSC requires that each Harbour Authority Board Member is collectively accountable and individually responsible for the proper exercise of its Harbour Authority's duties and powers to the standard laid down by the Code. It requires Board Members to accept responsibility for ensuring that their authority discharges its duties and powers to that standard. Board Members may not abdicate their duties on the grounds that they do not have particular skills. They retain strategic oversight and direction of all aspects of the harbour operation. Board Members must ensure that the Harbour Authority's powers are discharged but not exceeded.

5.2 The River Hamble Harbour Board consists of seven Members: the Chairman appointed by the County Council; two County Councillors (one from Eastleigh and one from Fareham); the County Council's Marine Director; and three coopted Members appointed for their recreational sailing, marine industry and environmental skills and knowledge. All Board Members other than the County Council's Marine Director are entitled to vote at a Board meeting. The Board is severally and collectively the `duty holder'. This includes the County Council's Marine Director although he is not a voting Member of the Board. The Board has to accept responsibility for ensuring that the River Hamble Harbour Authority discharges its duties and powers to the standard required by the PMSC. Board Members should therefore regard themselves as under a duty to ensure that the River Hamble Harbour Authority discharges its duties; and has in place an effective safety management system for this purpose. The MCA requests that the Chairman of the Board sign off the appended `Statement of Compliance' to assure compliance with the PMSC.

5.3 The PMSC provides that the duties of a Harbour Authority are of three kinds. Some are statutory duties; but there are in addition general common-law and fiduciary duties. These duties include an obligation to conserve, an obligation to facilitate the safe use of the harbour; and a duty of care against loss caused by the authority's negligence. Duties to ensure the safety of marine operations are matched with general and specific powers to enable the authority to discharge these duties.

6. Indemnities

6.1 Board Members are severally and collectively responsible as `duty holder' and could be sued in the event of any fatalities upon the River Hamble. The County Council's policy on indemnification would, however, cover Members of the Board against the whole or part of any damages, costs or legal expenses which any such Member or officer may have incurred arising from duties performed by virtue of their being a Member of, or being employed by, the County Council, or by virtue of their being the County Council's nominated representative in whatever capacity on any incorporated or unincorporated body, if such Member or officer acted in good faith and honestly believed that the act complained of was within their power and that his or her duty required or entitled him or her to do it.

6.2 The Government has introduced the Local Authorities (Indemnities for Members and Officers) Order 2004 which provides for circumstances in which an authority may provide indemnity to any of their Members and officers, including any person who represents the County Council on a committee. The County Council's existing policy on indemnification therefore applies to all Board Members, including the three coopted members. However, it should be recognised that it is highly unlikely that any Members of the Board, including the Marine Director, would be sued for any fatalities upon the River Hamble.

7. Impact Assessments

7.1 This report seeks the endorsement of various statements, therefore an impact assessment in terms of the Race Relations (Amendment) Act 2000 has not been undertaken.

Recommendations

1. That the River Hamble Harbour Board Members formally accept collective and individual responsibility for the proper exercise of their duties and powers of the River Hamble Harbour to the standard required by the Port Marine Safety Code.

2. That the appended `Statement of Compliance', `Mission Statement' and `Policy Statements' be endorsed by the River Hamble Harbour Board and signed off by the Chairman of the Board.

883/KE

APPENDIX

Dear Sir

STATEMENT OF COMPLIANCE

I, Timothy Gregory Knight, the Chairman of the River Hamble Harbour Board on behalf of the River Hamble being the Port Marine Safety Code Duty Holder for the River Hamble Harbour Authority, having considered all the requirements of the Port Marine Safety Code, including reviewing the risk assessment and safety management system, certify that the River Hamble Harbour Authority meets the standards required by the Port Marine Safety Code.

Yours faithfully

Tim Knight

Chairman of the River Hamble

Harbour Board

River Hamble Harbour Authority

Safety Management System

RESPONSIBILITIES OF THE DUTY HOLDER

The Duty Holder shall have read and understood the Port Marine Safety Code and shall strive to meet the standards required. They will ensure that the guidance given in the Guide to Good Practice for Port Marine Operations is heeded.

The Harbour Authority is accountable for managing operations in the Harbour safely and efficiently, and the Duty Holder is responsible for ensuring that it does so, as the Duty Holder is under a duty to ensure that the Harbour Authority fulfils its duties in compliance with the Port Marine Safety Code and has an effective safety management system for this purpose.

Although the Duty Holder is able to appoint professional people to operate the Harbour they cannot assign accountability. Further, they may not abdicate accountability due to lack of particular skills.

Signed: Date:

Chairman of the River Hamble

Harbour Board

River Hamble Harbour Authority

Safety Management System

SAFETY POLICY FOR MARINE OPERATIONS

This safety policy adds to any existing safety policy required by the Health and Safety at Work etc Act 1974 and relates to Marine Operations and the requirements of the Port Marine Safety Code.

The harbour authority is committed to:

· Manage its relevant assets safely and efficiently

· Discharge its duties and powers in relation to marine operations

· Maintain relevant harbour equipment to agreed industry standards

· Recruit and train operational staff to nationally agreed competence levels

· Ensure that staff are properly trained for emergencies and contingencies

In making these commitments, the Harbour Authority has appointed the Harbour Master to fulfil the role of marine operations safety officer.

This officer will be responsible for the following:

· Ensuring all risks are assessed and reduced to `as low as reasonably practical'

· Reporting, investigating and recording all accidents, and ensuring that lessons learnt are widely disseminated to appropriate persons and bodies

· Carrying out routine safety inspections on marine operations equipment and reassessing risks as appropriate

· To form and chair a marine operations safety committee, liaise regularly with all those involved with marine operations, and to act appropriately to feedback

· To review this safety policy and recommend revisions to the Board at least every 3 years.

Signed: Date:

Chairman of the River Hamble

Harbour Board

River Hamble Harbour Authority

Safety Management System

RESPONSIBILITIES OF THE CHAIRMAN OF THE

RIVER HAMBLE HARBOUR BOARD

In accordance with Hampshire County Council's Constitution, the following responsibilities are assigned to the River Hamble Harbour Board:-

Commitment to implementing, complying and keeping under continual review the requirements of the Port Marine Safety Code.

Reporting publicly, at least every three years, on the safety of marine operations. This report will include a statement of the aims, roles and duties of the Harbour Authority and following the guidance in the Guide to Good Practice on Port Marine Operations for such a report. Clearly stating the policies adopted by the Harbour Authority, setting and implementing written procedures that will reflect the Harbour Authority's aims, roles and duties.

In adopting the policies and implementing the procedures, the Chairman of the River Hamble Harbour Board will consult those who work in and use the River Hamble, and their representatives, and also all those with an interest in the River Hamble. The Chairman of the River Hamble Harbour Board will request feedback from all interested parties on the adopted policies and implemented procedures and will review the policies and procedures in the light of it.

Recognising that in fulfilling his duty the Chairman of the River Hamble Harbour Board needs to delegate some of his responsibilities to suitably trained and qualified personnel to operate the harbour. Such delegation will be made formally in writing to named individuals.

Signed: Date:

Chairman of the River Hamble

Harbour Board

River Hamble Harbour Authority

Safety Management System

RIVER HAMBLE HARBOUR AUTHORITY'S

MISSION STATEMENT

Hampshire County Council, being the Harbour Authority for the River Hamble ("the Harbour Authority") will ensure that the River Hamble harbour is operated efficiently and safely so as to safeguard the harbour, its users, the public and the environment. It is committed to performing all its duties and responsibilities in a safe and efficient manner.

The Harbour Authority will:

· Comply with all legal requirements

· Aim to meet the national requirements of the Port Marine Safety Code

· Heed the Guide to Good Practice on Port Marine Operations, published by the Department for Transport (Ports Division)

The Harbour Authority's functions will be conducted openly and transparently in the overall long-term interests of harbour's stakeholders and beneficiaries.

In fulfilling its duties the Harbour Authority is committed:

· To ensuring as far as reasonably practical the safety of all those who use and work in the harbour

· To conserving the environment and maintaining approved pollution prevention and nature conservation measures

· To facilitating safe navigation in the harbour and its approaches, and safeguarding the navigational access to and from the harbour

· To providing and maintaining viable harbour facilities

· To regulating the activities of all those who use the harbour and ensuring that the law is enforced whenever appropriate

· To formally review the Harbour Authority's plans, policies and procedures at intervals of five years or less

These Statements of Policy and Responsibilities were approved by the River Hamble Harbour Board for and on behalf of the Harbour Authority on:

Signed: Date:

Chairman of the River Hamble

Harbour Board