Scottish Government

CLYDE AND HEBRIDES FERRY SERVICES: INVITATION TO TENDER

ANNEX 15
MAIN STATUTORY OBLIGATIONS OF A PORT OPERATOR

1. "Safety in Docks" - Docks Regulations 1988 and Guidance (Health & Safety Commission) applies whether the operator owns the docks or not.
2. The Dangerous Substances in Harbour Areas Regulations 1987. These regulations apply to the owner of the facilities and/or the Statutory Harbour Authority (if different from the owner).
3. The Port Safety Management Code - waste management.
4. MARPOL 73/78 - Oil pollution information. The operator will need procedures in place to handle spills and skilled personnel to deal with them.
5. Merchant Shipping 1988 SI No. 1275 (weighing of goods vehicles and other cargo). Relevant where there is a weighbridge at the port.
6. Aviation and Maritime Security Act 1990. Scottish domestic ferry services are exempt from this. However, some non-domestic cruisers use CalMac ports, e.g. the MV Hebridean Princess uses Oban as her home port, therefore, this Act becomes binding (responsibility can be passed to the ship's operator as CalMac has done in the case of the MV Hebridean Princess).
7. Navigation lights maintenance (CalMac are currently in negotiations with CnES whereby they would be responsible for the maintenance of the lights at Lochmaddy). CalMac are responsible for maintaining these in addition to the navigation lights on pier structures (these are maintained along with CalMac pier lighting). The authority under which these are erected and maintained is the Coast Protection Act 1949.
8. Health & Safety at Work Act 1974 and Management of Health & Safety at Work Regulations 1999 also apply to port premises.

NB. Tenderers will wish to note that this list is included for information. The successful tenderer's obligations will be set out in the detailed terms and conditions of the Harbour Management Agreement with VesCo.