Swearing in Acting Harbourmasters

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A formal published “Ministerial Decision” is required as a record of the decision of a Minister (or an Assistant Minister where they have delegated authority) as they exercise their responsibilities and powers.

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demonstrating that good governance, and clear lines of accountability and authority, are in place around decisions-making – including the reasons and basis on which a decision is made, and the action required to implement a decision
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A decision made (23 October 2009) regarding: Swearing in Acting Harbourmasters.

Decision Reference: MD-E-2009-0189
Decision Summary Title :	DS - Swearing In Acting Harbourmasters		Date of Decision Summary:	14.10.09
Decision Summary Author:	Harbour Master		Decision Summary: Public or Exempt? (State clauses from Code of Practice booklet)	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	n/a
Written Report Title :	WR - Section 2.6 Port Marine Safety Code		Date of Written Report:	28.04.08
Written Report Author:	Jersey Harbours		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)	Public
Subject: Swearing In Acting Harbourmasters
Decision(s): For the Assistant Minister to approve the swearing in of the following persons to act as Harbour Master: Adrian Lakes – Pilot / Assistant Harbourmaster Rick Masterman – Coastguard and VTS Manager / Pilot Myra Shacklady – Commercial Director Andrew Boustouler – Director of Finance and Information
Reason(s) for Decision: Under the Harbours (Administration) (Jersey) Law 1961, the States Employment Board may appoint one or more employees to act as Harbour Master. A person so appointed, while acting as Harbour Master, has the same powers and functions as the Harbour Master in relation to matters in respect of which the Harbour Master has directed the employee to act. A person so appointed shall, on or as soon as practicable after being so appointed, take oath before the Royal Court. This relates also to the role of ‘Duty Executive’, with senior managers appointed to deputise for the Chief Executive Officer and to act as Harbour Master with respect to commercial and land based responsibilities when he is off duty [attached 2.6]
Resource Implications: None
Action required: To request the Attorney General’s Office to arrange for the swearing in on Friday 20th November
Signature:		Position: Assistant Minister - Economic Development
Date Signed:		Date of Decision (If different from Date Signed):

Swearing in Acting Harbourmasters

Safety Management System
Chapter	PORT MARINE SAFETY CODE	Application	ALL
Section	STANDARDS	Managerial Responsibility	DHM
Instruction		Functional Responsibility

2.6 Out of Hours Responsibilities for the Duty Executive / Duty Harbourmaster

Note: this section has been issued as SOP-542-HLC.

In order to provide out-of-hours support to the Marine Centre in respect of emergencies, incidents and other matters requiring assistance, a roster is maintained such that Executive and Professional Support is available at all times.

The roster of Duty Executive / Duty HM / Duty PFSO is published and circulated to all interested parties, including the Minister & Assistant Minister, on a weekly basis.

2.6.1 Who Is The Duty Executive?

Recognising that the CEO / HM cannot be on call 24 hours a day every day of the year, the Assistant Minister has allowed the CEO / HM to appoint a Duty Executive.

Three members of the Performance Leadership Team (PLT) at Jersey Harbours have been appointed to deputise for the Chief Executive Officer, and to act as Harbour Master with respect to his commercial and land based responsibilities when he is off duty, out of the Island or unable to carry out his duties through illness. When deputising for the CEO / HM, the Duty Executive will have the same powers and are subject to the same duties as the CEO / HM and have taken an oath before the Royal Court “to well and faithfully discharge the duties of their office”.

The Duty Executive is supported in maritime matters by the Duty Harbour Master.

The Duty Executive is appointed on a weekly rostered basis starting at 0845hrs on Thursday morning. He remains on call 24-hours a day throughout the rostered duty period. The Duty Executive must remain on the island or its environs during the rostered duty period.

All members of the Duty Executive / Harbour Master / Duty PFSO roster must ensure that the contact numbers on that roster and held by the Marine Centre room are updated as appropriate.

2.6.2 Who is the Duty Harbour Master ?

Recognising that the CEO / HM cannot be on call 24 hours a day every day of the year, the Assistant Minister has allowed the CEO / HM to appoint Acting Harbour Masters on a duty roster basis. In accordance with The Harbours (Administration) (Jersey) Law 1961 the Duty Harbour Master will have the same powers and is subject to the same duties as the Harbour Master.

This role is shared by the Deputy and Assistant Harbour Masters.

The Duty HM should be contacted, in the first instance

The Duty Harbour Master is appointed on a weekly rostered basis starting at 0845 hrs on Thursday morning. He remains on call 24-hours a day throughout the rostered duty period. The Duty Harbour Master must remain on the island or its environs during the rostered duty period.

Note: the Deputy Harbour Master may be rostered to EITHER the Duty Executive OR the Duty Harbour Master Roster or both concurrently. Planning of the Duty rosters MUST ensure that he is supported by a duly qualified officer who can assume the role of duty officer, in the event of the role of Duty Executive being required.

2.6.3 When is the Duty Executive to be called?

Sea rescue, safety and security incidents that could involve a threat to life, the environment or property.
Incidents of a serious nature – including collisions, damage to harbour structures, or incidents that have the potential to escalate.
Any occurrence of a non-routine nature that could bring the reputation of Jersey Harbours into disrepute and/or be subject to adverse press or political comment.

2.6.4. When is the Duty Harbour Master to be called?

All Sea rescue, safety and security incidents.
All port and marine operational incidents – including collisions, pollution, damage to harbour structures, and any other incident that the Senior Marine Officer / Marine Officer on duty deems to be appropriate.
.Any occurrence of a non-routine nature.
At any other time that the Duty Executive or the Senior Marine Officer / Marine Officer on duty deems to be appropriate.

2.6.5 The Responsibilities of the Duty Executive

The Duty Executive has a responsibility to keep the Minister or Assistant Minister and the CEO / HM informed of any major incidents or events that may occur in the ports or territorial waters of Jersey.

The Duty Executive is to take command of any incident or occurrence to which he has been called to ensure the efficient operation of plans that need to be put into effect to deal with the situation before the arrival of the CEO / HM. He will hand over to the CEO / HM or continue with delegated authority.

In the event of being called to a major maritime incident, the Duty Harbour Master has primacy in decisions relating to the effective deployment of maritime resources and will be supported by the Duty Executive.

In the event of a major incident, the Duty Executive should initiate the crisis cascade in conjunction with the Duty HM until satisfied that sufficient resources are available to manage that incident. At this point, the main responsibility of the Duty Executive is to act as spokesperson for Jersey Harbours.

Note: the Deputy Harbour Master may be rostered to EITHER the Duty Executive OR the Duty Harbour Master Roster. Planning of the Duty rosters MUST ensure that he is NOT appointed to both rosters at the same time.

Date of issue:	28.04.2008	Page	/ 3
Revision Edition / Date:	2 / 16.03.09	Section:	2 Standards

Date of issue:	28.04.2008	Page	/ 3
Revision Edition / Date:	3 / 05.05.09	File reference:	Pmsc_090505

Date of issue:	16/10/2009	Page	/ 3
Revision Edition / Date:	ORIGINAL	L:\users\SMT\MINISTERIAL DECISIONS\Decisions 2009\WR - Section 2.6 Port Marine Safety Code.doc

Date of issue:	28.04.2008	Page	/ 3
Revision Edition / Date:	2 / 16.03.09	Section:	2 Standards