The Ports & Marine Facilities Safety code sets out the national standards for safe marine operations within ports and harbours. While compliance with the code is voluntary, it is regarded as industry best practice, and so in the event of an incident or accident it may impact liability if attempts to comply with the code have not been made.

It has always been intended that the code would apply to all marine facilities, from the largest of ports through to small club facilities however, recent updates have made this more explicit in clarifying that organisations operating any form of marine infrastructure, such as pontoons, mooring and slipways fall within the scope of the code. It is not expected that sailing clubs and training centres should necessarily meet the same resourcing or documentation standards as large commercial ports or marinas but should instead focus on achievable and risk-based measures. There is a clear expectation that the principles of the code will be applied in a way that is appropriate to the scale, complexity and risk profile of each organisation, with proportionality a key principle underpinning the code.

Organisations should understand the legislative environment they are working within and how these obligations interact with the framework in the code. The code is based around 10 key measures identified as critical to the management of port and marine facility safety, with further detail on these measures in the RYA guidance note.  

One of the main principles which the code promotes is the strong link between risk assessment and the use of the Marine Safety Management System (MSMS) to control and manage identified marine and navigational risks, and clubs who have adopted safety management systems may find that they are already some way to complying with this.  

The code requires organisations to formally identify a Duty Holder who is accountable for their organisation’s compliance with the code and is responsible for reporting their organisation’s compliance with the code to the Maritime and Coastguard Agency (MCA) on a three yearly basis. For many organisations, the Duty Holder could be the club committee or board collectively. The code also requires an independent person to be appointed to provide independent assurance about the operation of the organisation’s MSMS and risk assessment process.

It is anticipated that the MCA will become more active in monitoring compliance from January 2026.  It is recommended that clubs and training centres should be in a position to demonstrate that the code has been considered and implemented to the extent practicable for their particular organisation.  Many clubs and centres have been contacted by the statutory harbour authority for their area who is responsible for ensuring that all marine activities within their jurisdiction are conducted safely and in line with the code and our understanding is that they have been supportive in helping organisations to apply the principles of the code.

Organisations may volunteer for a health check from the MCA should they wish to do so, which can assist in assessing an organisation’s compliance with the code and identify any areas of improvement. Further guidance is available from the RYA Legal Team.