Ardrossan (Transfer of Undertaking) Harbour Revision Order 2026

Decision letter

Lara Moore, Partner
Ashfords LLP
Ashford House
Grenadier Road
Exeter EX1 3LH
l.moore@ashfords.co.uk

16 June 2026

Dear Lara

I refer to the application by Ardrossan Harbour Company Limited (the applicant) to make the Ardrossan (Transfer of Undertaking) Harbour Revision Order 2026 (the Order). This letter conveys the Scottish Ministers’ decision following their consideration of the application.

Purpose of the Order

The Order makes provision for the transfer of the harbour undertaking at Ardrossan from Ardrossan Harbour Company Limited to Caledonian Maritime Assets Limited.

Consultation

Public notices were published in the Edinburgh Gazette on 10 March 2026 and in the Ardrossan and Saltcoats Herald on 11 and 18 March 2026. The 42-day statutory notice period concluded on 22 April 2026.

Objections

No objections were received. However, Crown Estate Scotland (CES) requested that its name be amended to reflect its correct statutory title.

Proposed modifications

Alongside a number of minor drafting, stylistic and numbering amendments, the modifications outlined below have been made to the Order. Words shown in bold are additions and words struck through have been deleted.

In article 2 (Interpretation), the definition of “the Company” has been amended to clarify the Company’s original name at the time of its incorporation under the 1886 Act:

“the Company” means Ardrossan Harbour Company Limited, a company originally incorporated as the Ardrossan Harbour Company by the Ardrossan Harbour (Sale and Transfer) Act 1886, thereafter registered as a limited company and now registered as such in Scotland under the Companies Acts (company number SC045455), having its registered office at 16 Robertson Street, Glasgow, G2 8DS.

The citation for the Ardrossan Harbour Revision Order 1977 in footnote (g) has been corrected to S.I. 1977/9933.

Taking account of CES’s request, article 7(1)(a) (Crown rights) has been amended so that reference is made to property “belonging to His Majesty in right of the Crown and forming part of the Crown estate without the consent in writing of the Crown Estate CommissionersScotland”.

The modifications are not considered to substantially alter the character of the Order.

Scottish Ministers’ consideration

Article 14(2)(b) of the Harbours Act 1964 provides that a Harbour Revision Order may only be made where the appropriate Minister is satisfied that it is desirable in the interests of securing the improvement, maintenance or management of the harbour in an efficient and economical manner, or of facilitating the efficient and economical transport of goods or passengers by sea, or in the interests of the recreational use of seagoing ships.

Scottish Ministers are satisfied that the proposed Order meets these requirements. They have therefore agreed that the Order should be made, subject to the modifications set out above.

Decision availability

Once the Order has been made, the applicant is required to:

  • Publish notice of the making of the Order in the Edinburgh Gazette and in at least one local newspaper.
  • Send copies of the notice to those notified of the original application.
  • Provide copies of all notices to Transport Scotland.

A copy of this letter will be issued to all consultees and published on the Transport Scotland website. Supporting documents relating to the Order will also be published online.

Right to challenge decision

Any person who wishes to challenge the making of this Order may do so on the grounds that the applicant did not have the power to make the Order and/or that a requirement of the Harbours Act 1964 has not been complied with. Any such challenge must be made by application to the Court of Session within 42 days of the date on which notice of the making of the Order is published.

Those considering such a challenge are advised to seek independent legal advice before taking action.

Yours sincerely,

Dario Dalla Costa
Ports Policy Advisor

Child Rights and Wellbeing Impact Assessment (CRWIA)

Statement of Compatibility

“In accordance with section 23(2) of the United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Act 2024 (the Act), the Scottish Ministers certify that, in their view, Ardrossan (Transfer of Undertaking) Harbour Revision Order 2026 is compatible with the UNCRC requirements as defined by section 1(2) of the Act.”

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Published Date 24 Jun 2026 Type Topic