It’s been just over a month since the updated Ports & Marine Facilities Safety Code came into force. Its impact on marine operations – especially for smaller facilities like marinas, piers, and private terminals – could be significant.

This latest revision is less about rewriting the rulebook and more about reinforcing it. It aims to raise the baseline for safety while recognising that not every operator faces the same risks. In short: the Code is evolving, and the question is – are you?

 

Legal Considerations

While the Code itself isn’t legally binding, non-compliance can have serious legal consequences – particularly in the event of an incident. Courts and regulators increasingly look to the Code as the benchmark against which safety practices are judged.

As legal advisers, we’re encouraging our clients to:

  • Review how the Code applies to their facility, even if they weren’t previously covered
  • Conduct a gap analysis to identify where current practice may fall short
  • Integrate Code principles into day-to-day operations – not just into documents

Ultimately, the Code is viewed less as guidance and more as a minimum standard by those who matter most when something goes wrong.

It offers an opportunity – not just a compliance burden. An opportunity to embed a culture of safety that’s tailored, practical, and forward-looking. Early adopters will be better prepared, more resilient, and more credible – in the eyes of regulators and the public.

Need guidance on aligning with the new Port Marine Safety Code? HF are helping ports, marinas, and facilities across the UK navigate these changes with clarity and confidence. Contact our marine specialists at stefanie.johnston@h-f.co.uk

 

Background and Key Features:

The origins of the Port Marine Safety Code date back to a major environmental and operational failure: the grounding of the Sea Empress oil tanker off the coast of Wales in 1996. The resulting spill caused widespread ecological damage and exposed systemic weaknesses in port safety management. In response, the UK government launched an in-depth review that led to the creation of the PMSC in 2000. Since then, the Code has provided a voluntary but powerful framework for improving safety culture and operational accountability across ports and marine facilities in the UK.

 

Who is now included?

One of the most important changes is the expansion of the Code’s reach. Previously focused on statutory harbour authorities, it now explicitly includes a wider range of marine facilities – bringing marinas, private jetties, commercial terminals, and even piers under its umbrella.

The message is clear: if your operations interact with the marine environment, the Code likely applies to you.

 

What’s New?

Key features of the updated Code include:

  • Proportional Compliance: There’s not an expectation to implement a one-size-fits-all solution. The Code encourages facilities to tailor their marine safety management systems (MSMS) based on the nature and scale of their operations
  • Enhanced Risk Assessment: Risk remains at the heart of the Code. A thorough, ongoing assessment process is essential to identify hazards and manage them appropriately
  • Clear Accountability: Facilities must appoint a Duty Holder – a named individual at Board level or equivalent – who bears legal responsibility for marine safety
  • Independent Oversight: The Code also requires the appointment of a Designated Person whose role is to provide independent assurance. This person monitors the effectiveness of the MSMS and reports directly to the Duty Holder, acting as a vital check and balance in the system

 

Duty holder and Designated Person: Who Does What?

The Duty Holder holds ultimate accountability and is the person who, when things go wrong, must demonstrate that adequate systems were in place. But the role isn’t about solo responsibility. The Designated Person serves as the independent watchdog, regularly auditing and challenging the safety management system to ensure it’s not just paperwork but actually working on the ground.

Together, these two roles create a dynamic of responsibility and verification that strengthens safety governance.

 

Industry Perspective

The British Ports Association (BPA), representing over 400 ports and facilities across the UK, has underscored the importance of the Code’s evolution. Richard Ballantyne, Chief Executive of the BPA, stated:

“The Port Marine Safety Code has evolved into a vital resource and compliance demonstrates a port’s ability to limit and control their operational safety risks. As well as allowing operators to assess and manage safety arrangements, the PMSC and the three yearly Compliance Exercise provides the government with the knowledge that individual ports and marine facilities are being managed responsibly and competently.”

This reflects a growing recognition that marine safety isn’t just a regulatory concern—it’s also a reputational one.