Harbour Revision, Empowerment & Closure Orders

The majority of operational ports and harbours in the UK are run by statutory harbour authorities or "SHAs". SHA powers come from both local and national legislation. Amending existing powers, creating a new SHA or closing a statutory harbour requires a Harbour Order. We draft Harbour Orders - including Harbour Revision Orders, Harbour Empowerment Orders and Harbour Closure Orders; and lead the application process. 

If an SHA wishes to amend its statutory harbour powers, introduce new ones or remove those which have become outdated, it will need to apply to the relevant regulator. 

The relevant regulators are:

• Marine Management Organisation for ports / harbours in England (and reserved trust ports in Wales).
• Scottish Ministers (via Transport Scotland) for ports / harbours in Scotland.
• Welsh Ministers (via the Ports Policy Team or the Planning Inspectorate) for non-reserved trust ports in Wales.

A Harbour Order may be either a 'works' Order, i.e., it authorises development works, or a 'non-works' Order where it relates only to the harbour authority's non-works powers or constitutional/administrative provisions.

The powers of each regulator to make Harbour Orders originate from the Harbours Act 1964.

In addition, the Marine Navigation Act 2013 amended the Harbours Act 1964 and introduced Harbour Closure Orders, to enable statutory harbour authorities to make applications to request the removal of the statutory harbour powers and effective 'closure' of a statutory harbour which is no longer commercially viable or necessary. The 'closure' of the harbour does not necessarily mean that it will no longer be used for marine purposes, simply that it will not be run by an SHA. It may, for example, become a private marina and the land around the harbour used for development. In England, Harbour Closure Order applications are made to the Department of Transport, rather than the Marine Management Organisation.

A similar regime operates in Northern Ireland under the Harbours Act (Northern Ireland) 1970, administered by the Department for Infrastructure. 

We act in respect of Harbour Order applications in England, Wales, Scotland and Northern Ireland. 

Our Harbour Revision, Empowerment and Closure Order experience

• Acting in relation to over 35 Harbour Order applications in Great Britain during 2026 (including drafting).
• Acting in respect of a Harbour Revision Order application to restrict the application of section 33 of the Harbours, Docks and Piers Clauses Act 1847 (the Open Port Duty) to enable future development of the site in line with the Harbour Business Plan and Government funding commitments.
• Advising in respect of the Caledonian Maritime Assets (Port Ellen Works) Harbour Revision Order 2025 to authorise EIA development. 
• Advising a major ports group in respect of the modernisation of the local legislation applying to all of the harbour undertakings within its group. 
• Advising on a proposed port infrastructure development of over £200 million.
• Advising on a proposed Harbour Empowerment Order relating to 10 ports/harbours.