The Ports of Fleetwood and Silloth (Transfer of Undertaking) Harbour Revision Order 2026

Published: Thu 16th Apr 26

Transferred the harbour authority status and all associated assets, duties, and liabilities for the Ports of Fleetwood and Silloth from Associated British Ports to new dedicated port companies.

This Order transfers the statutory harbour authority responsibilities and physical undertakings of the Port of Fleetwood and the Port of Silloth from Associated British Ports to FJ Ports (Fleetwood) Ltd. and FJ Ports (Silloth) Ltd., respectively.

It directs the transfer of all statutory powers, duties, lands, assets, and liabilities associated with these ports to the new entities on a specific transfer date determined by the current owner.

The provisions apply to Associated British Ports, the two newly established FJ Ports companies, and any persons or entities holding contracts, licences, or legal proceedings related to these harbour undertakings.

Arguments For

The order states that Associated British Ports (A.B. Ports) applied for these changes under section 14(2)(a) of the Harbours Act 1964 to transfer its undertakings.
The Marine Management Organisation (MMO) asserts that the order is desirable in the interests of securing the improvement, maintenance, or management of the harbours in an efficient and economical manner.
The document specifies that the transfer ensures continuity by maintaining the validity of existing byelaws, regulations, licences, and contracts under the new authorities.
The order provides a clear mechanism for the transfer date and public notification to ensure local stakeholders are informed of the change in management.

Arguments Against

Legal scholars might note that the order relies on a specific six-month window for the transfer date, which could create temporary uncertainty if legal challenges under section 44 of the 1964 Act are prolonged.
Affected parties at the ports may express concern regarding the change from a large national operator (Associated British Ports) to smaller, site-specific limited companies (FJ Ports Fleetwood and Silloth).
The document acknowledges that an impact assessment was not prepared, which critics might argue overlooks potential localized economic or administrative effects on the Fleetwood and Silloth areas.

PART 1 PRELIMINARY

Citation, commencement and extent

—(1) This Order may be cited as the Ports of Fleetwood and Silloth (Transfer of Undertaking) Harbour Revision Order 2026.

(2) This Order comes into force on 7th May 2026.

(3) This Order extends to England and Wales.

This section establishes the official name of the order and sets the date it becomes legally active as 7th May 2026.

It specifies that the legal jurisdiction of the order is limited to England and Wales.

Interpretation

In this Order—

'the 1855 Act' means the Carlisle and Silloth Bay Railway and Dock Act 1855;

'the 1880 Act' means the North British Railway (Amalgamations, &c.) Act 1880;

'the 1964 Act' means the Harbours Act 1964;

'A.B. Ports' means Associated British Ports (registered number ZC000195), whose registered office is at 25 Bedford Street, London WC2E 9ES;

'FJ Ports Fleetwood' means FJ Ports (Fleetwood) Ltd., a company incorporated under the Companies Act 2006 (registered number 15560248), whose registered office is at Unit 11 Neptune Court, Hallam Way, Blackpool, Lancashire FY4 5LZ;

'FJ Ports Silloth' means FJ Ports (Silloth) Ltd., a company incorporated under the Companies Act (registered number 15559785) whose registered office is at Unit 11 Neptune Court, Hallam Way, Blackpool, Lancashire FY4 5LZ;

'the Fleetwood Acts' means the Preston and Wyre Railway and Harbour Act 1835, the Preston and Wyre Dock Act 1837, the Preston and Wyre Railway and Harbour and Preston and Wyre Dock Consolidation Act 1839, the Lancashire and Yorkshire and London and North-western Railways (Preston and Wyre Railway, Harbour and Dock vesting) Act 1849, the Fleetwood Docks Act 1864, the Fleetwood Docks Act 1871, the Lancashire and Yorkshire Railway Act 1894, the London Midland and Scottish Railway Act 1931, the British Transport Docks Act 1973, the British Transport Docks Act 1974, the British Transport Docks Act 1976 and the Associated British Ports Act 1983;

'the Fleetwood undertaking' means the undertaking of A.B. Ports in relation to the Port of Fleetwood;

'the Port of Fleetwood' means the docks and harbour at Fleetwood within the limits which are defined in the enactments set out in paragraph 3 of the Schedule to the Harbour Directions (Designation of Harbour Authorities) (No. 2) Order 2015;

'the Port of Silloth' means the docks and harbour at Silloth within the limits described in section 41 of the 1855 Act together with the extension authorised by section 23 of the 1880 Act;

'the relevant A.B. Ports websites' means—

(a) https://www.abports.co.uk/locations/fleetwood/; and

(b) https://www.abports.co.uk/locations/silloth/;

'the Silloth Acts' means the 1855 Act and the 1880 Act;

'the Silloth undertaking' means the undertaking of A.B. Ports in relation to the Port of Silloth;

'the transfer date' means the date determined by A.B. Ports in accordance with article 3 (transfer date); and

'Trinity House' means the Corporation of Trinity House of Deptford Strond.

This section provides precise definitions for the terms used throughout the document, identifying the specific companies and legislative acts involved.

It defines the geographical and legal limits of the Fleetwood and Silloth port undertakings and lists the historical statutes that currently govern them.

Transfer date

—(1) The transfer date for the purposes of this Order is a date fixed by A.B. Ports in accordance with this article.

(2) The transfer date must be within the period of six months beginning on the start date.

(3) A.B. Ports must publish notice of the transfer date—

(a) in a newspaper circulating in the area of the Port of Fleetwood;

(b) in a newspaper circulating in the area of the Port of Silloth; and

(4) A.B. Ports must display notice of the transfer date at a place or places accessible to the public at the Port of Fleetwood and at the Port of Silloth.

(5) The date fixed by A.B. Ports to be the transfer date must not be earlier than seven days after the last publication of the notice required to be published under paragraph (3).

(6) In this article 'start date' means the later of the day after the day on which—

(a) the period for legal challenge in respect of this Order under section 44 of the 1964 Act expires; or

(b) the final determination or withdrawal of any such legal challenge under that section.

This article outlines the procedure for setting the 'transfer date' when the port ownership officially changes.

Associated British Ports must select a date within six months of the end of any legal challenges, notify the public via local newspapers and websites, and ensures the date is at least seven days after the final public notice.

PART 2 THE FLEETWOOD UNDERTAKING

Establishment of FJ Ports Fleetwood as harbour authority

On the transfer date FJ Ports Fleetwood is established as the harbour authority for the Port of Fleetwood in place of A.B. Ports.

On the selected transfer date, FJ Ports (Fleetwood) Ltd. legally replaces Associated British Ports as the official authority responsible for managing and regulating the Port of Fleetwood.

Transfer of functions, property, etc. in respect of the Fleetwood undertaking

—(1) On the transfer date all statutory and other powers and duties conferred or imposed on A.B. Ports by any provision of the Fleetwood Acts in force immediately before that date are transferred from A.B. Ports to FJ Ports Fleetwood.

(2) On the transfer date the Fleetwood undertaking as existing immediately before that date, including the lands, works, buildings, machinery, stores and other real and personal property, assets and effects, rights, powers and privileges vested in or enjoyed by A.B. Ports, and all liabilities and obligations to which A.B. Ports is then subject in relation to the undertaking, is transferred to and vested in FJ Ports Fleetwood.

(3) On and after the transfer date any statutory provision of local application and any document has effect in its application to the transferred undertaking as if any reference however worded and whether express or implied—

(a) to A.B. Ports, were construed as a reference to FJ Ports Fleetwood; and

(b) to an officer, employee or servant of A.B. Ports, were construed as a reference to an officer, employee or servant of FJ Ports Fleetwood.

This section transfers all physical assets, legal powers, and financial liabilities of the Fleetwood Port from the current owner to FJ Ports Fleetwood.

It also mandates that any local laws or legal documents referring to the old owner or its employees be interpreted as referring to the new owner or its equivalent staff.

The Fleetwood undertaking byelaws etc.

On and after the transfer date a byelaw, regulation, licence or consent made, issued or granted by A.B. Ports in relation to the Fleetwood undertaking and in force immediately before that date continues in force and has effect as if made, issued or granted by FJ Ports Fleetwood.

Existing local rules, permissions, and licences related to the Port of Fleetwood remain legally valid after the transfer.

They will be treated as if the new authority, FJ Ports Fleetwood, originally issued them.

Contracts to be binding in respect of the Fleetwood undertaking

All purchases, sales, conveyances, deeds, contracts and agreements entered into or made by A.B. Ports in relation to the Fleetwood undertaking and in force immediately before the transfer date are, on and after that date, as binding and of as full force and effect in every respect against or in favour of FJ Ports Fleetwood as they have been before the transfer date against or in favour of A.B. Ports and may be enforced as fully and effectively as if in place of A.B. Ports, FJ Ports Fleetwood had been a party to such purchase, sale, conveyance, deed, contract or agreement.

All existing business agreements and property deeds involving the Port of Fleetwood are transferred to the new owner.

FJ Ports Fleetwood inherits the right to enforce these contracts and the obligation to fulfill them, exactly as if it had been the original party to the agreements.

Proceedings in respect of the Fleetwood undertaking not to abate

On and after the transfer date all legal and other proceedings begun before that date and relating to any property, rights or liabilities transferred to FJ Ports Fleetwood by this Order may be carried on by or in relation to FJ Ports Fleetwood.

Any ongoing lawsuits or legal actions involving the Port of Fleetwood do not end because of the change in ownership.

FJ Ports Fleetwood replaces Associated British Ports as the party involved in these proceedings from the transfer date onward.

PART 3 THE SILLOTH UNDERTAKING

Establishment of FJ Ports Silloth as harbour authority

On the transfer date FJ Ports Silloth is established as the harbour authority for the Port of Silloth in place of A.B. Ports.

On the transfer date, FJ Ports (Silloth) Ltd. legally becomes the authority for the Port of Silloth, taking over from Associated British Ports.

Transfer of functions, property, etc. in respect of the Silloth undertaking

—(1) On the transfer date all statutory and other powers and duties conferred or imposed on A.B. Ports by any provision of the Silloth Acts in force immediately before that date are transferred from A.B. Ports to FJ Ports Silloth.

(2) On the transfer date the Silloth undertaking as existing immediately before that date, including the lands, works, buildings, machinery, stores and other real and personal property, assets and effects, rights, powers and privileges vested in or enjoyed by A.B. Ports, and all liabilities and obligations to which A.B. Ports is then subject in relation to the undertaking, is transferred to and vested in FJ Ports Silloth.

(a) to A.B. Ports, were construed as a reference to FJ Ports Silloth; and

(b) to an officer, employee or servant of A.B. Ports, were construed as a reference to an officer, employee or servant of FJ Ports Silloth.

Associated British Ports transfers all assets, legal responsibilities, and debts related specifically to the Port of Silloth to FJ Ports Silloth.

Any existing local laws or documents that mention the old owner are to be read as referring to the new owner.

The Silloth undertaking byelaws etc.

On and after the transfer date a byelaw, regulation, licence or consent made, issued or granted by A.B. Ports in relation to the Silloth undertaking and in force immediately before that date continues in force and has effect as if made, issued or granted by FJ Ports Silloth.

This section preserves all existing port regulations and licences for the Port of Silloth.

These remain in effect and are treated as having been issued by the new authority.

Contracts to be binding in respect of the Silloth undertaking

All purchases, sales, conveyances, deeds, contracts and agreements entered into or made by A.B. Ports in relation to the Silloth undertaking and in force immediately before the transfer date are, on and after that date, as binding and of as full force and effect in every respect against or in favour of FJ Ports Silloth as they have been before the transfer date against or in favour of A.B. Ports and may be enforced as fully and effectively as if in place of A.B. Ports, FJ Ports Silloth had been a party to such purchase, sale, conveyance, deed, contract or agreement.

FJ Ports Silloth takes over all business contracts and property agreements originally held by Associated British Ports for the Port of Silloth.

The contracts remain fully enforceable by or against the new company.

Proceedings in respect of the Silloth undertaking not to abate

On and after the transfer date all legal and other proceedings begun before that date and relating to any property, rights or liabilities transferred to FJ Ports Silloth by this Order may be carried on by or in relation to FJ Ports Silloth.

Legal cases involving the Port of Silloth that are already in progress at the time of the transfer will continue with FJ Ports Silloth as the new legal participant.

PART 4 MISCELLANEOUS AND GENERAL

Saving for Trinity House

Nothing in this Order prejudices or derogates from the rights, duties or privileges of Trinity House.

This section ensures the order does not limit or change the existing legal authority and duties of Trinity House, the UK’s general lighthouse authority.

Crown Rights

—(1) Nothing in this Order—

(a) prejudicially affects any estate, right, power, privilege, authority or exemption of the Crown;

(b) authorises A.B. Ports, FJ Ports Fleetwood or FJ Ports Silloth to take, use, enter upon or in any manner interfere with any land or interests in land or any rights of whatsoever description (including any part of the shore or bed of the sea or of any river, channel, creek, bay or estuary) belonging to—

(i) His Majesty in right of the Crown and under the management of the Crown Estate Commissioners without the consent in writing of those Crown Estate Commissioners,

(ii) a government department, or held in trust for His Majesty for the purposes of a government department, without the consent in writing of that government department.

(2) A consent under sub-paragraph (1)(b) may be given unconditionally or subject to such conditions and upon such terms as may be considered necessary or appropriate.

This article protects the rights and property of the British Crown and government departments.

It prohibits the port companies from interfering with Crown-owned lands, such as coastlines or seabeds, without receiving explicit written consent from the Crown Estate Commissioners or the relevant department.

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