The Channel Tunnel (International Arrangements) Order 1993

Made: 16th July 1993

Coming into force

Now, therefore, in exercise of the powers conferred on the appropriate Minister by section 11 of the Channel Tunnel Act 1987[^f00001], the Lord Chancellor, the Secretary of State for the Home Department, the Secretary of State for Health, the Minister of Agriculture, Fisheries and Food and the Commissioners of Customs and Excise hereby make the following Order:

Citation and commencement

1

This Order may be cited as the Channel Tunnel (International Arrangements) Order 1993 and shall come into force on the date on which the Protocol between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the French Republic Concerning Frontier Controls and Policing, Co-operation in Criminal Justice, Public Safety and Mutual Assistance Relating to the Channel Fixed Link enters into force. That date will be notified in the London, Edinburgh and Belfast Gazettes.

Interpretation

2

• (1) In this Order, except for the purpose of construing the international articles or the supplementary articles or the 2012 Agreement, and in any enactment as applied by it with modifications, any expression for which there is an entry in the first column of Schedule 1 has the meaning given against it in the second column.

• (2) In this Order “the authorised purposes” means—

• (a) purposes for which provision is authorised by any of paragraphs (a), (d) and (g), and

• (b) purposes connected with any matter in relation to or with respect to or for regulating which provision is authorised by any of paragraphs (c), (e), (f) and (h),

of section 11(1) of the Channel Tunnel Act 1987.

• (3) In this Order “the international articles” means the provisions set out in Schedule 2 (being Articles or parts of Articles of the Protocol mentioned in article 1 above); and in the international articles the expression “the Fixed Link” shall for the purposes of this Order be taken to have the same meaning as is given to “the tunnel system” by section 1(7) of the Channel Tunnel Act 1987.

• (4) In this Order “the supplementary articles” means the provisions set out in Schedule 2A (being Articles of the Additional Protocol between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the French Republic and amendments to those Articles made by the amending instrument), and in the supplementary articles “the Protocol signed at Sangatte” and “the Sangatte Protocol” mean the Protocol mentioned in article 1 above.

• (5) In paragraph (4) and in the supplementary articles, “Additional Protocol” means the Additional Protocol to the Sangatte Protocol on the Establishment of Bureaux Responsible for Controls on Persons Travelling by Train between France and the United Kingdom, signed at Brussels on 29th May 2000.

• (6) In paragraph (4) “the amending instrument” means the Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the French Republic making amendments to the Additional Protocol to the Sangatte Protocol on the Establishment of Bureaux responsible for controls on persons travelling by train between the United Kingdom and France, and to the Agreement concerning the carrying of service weapons by French officers on the territory of the United Kingdom of Great Britain and Northern Ireland, signed in Paris on 18th June 2007.

• (7) In this Order, the “2012 Agreement” means the Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Republic of France on Implementation of the Cyclamen Device in the French Terminal of the Channel Tunnel Situated in Coquelles signed in London on 10th May 2012.

Application of international articles

3

• (1) The international articles shall have the force of law in the United Kingdom—

• (a) within the tunnel system,

• (b) within a control zone, and

• (c) elsewhere for the authorised purposes only.

• (2) Without prejudice to paragraph (1) officers belonging to the French Republic shall to the extent specified in the international articles have rights and obligations and powers to carry out functions in the United Kingdom.

• (3) For the purpose of giving full effect to Article 34 of the international articles (accommodation, etc., for authorities of adjoining State) the appropriate Minister may by written notice require any occupier or person concerned with the management of a terminal control point to provide free of charge such accommodation, installations and equipment as may be necessary to satisfy requirements determined under Article 33 of the Protocol mentioned in article 1 above (which requires the competent authorities of the two States to determine their respective requirements in consultation with one another).

Application of enactments

4

• (1) All frontier control enactments except those relating to transport and road traffic controls shall for the purpose of enabling officers belonging to the United Kingdom to carry out frontier controls extend to France within a control zone.

• (1A) All frontier control enactments relating to transport and road traffic controls shall for the purpose of enabling officers belonging to the United Kingdom to carry out such controls extend to France within the control zone in France within the tunnel system.

• (1AA) All security control enactments shall for the purpose of enabling officers belonging to the United Kingdom to carry out security controls extend to France within the tunnel system.

• (1B) All immigration control enactments shall, for the purpose of enabling immigration officers to carry out immigration controls, extend to France within a supplementary control zone.

• (1C) The Equality Act 2010 shall apply to the carrying out by immigration officers of their functions in a control zone or a supplementary control zone outside the United Kingdom as it applies to the carrying out of their functions within the United Kingdom.

• (2) For the purposes of Article 3 of the UK GDPR and section 207 of the Data Protection Act 2018 (“the 2018 Act”), data which is—

• (a) processed within a control zone in France in connection with the carrying out of frontier controls by an officer belonging to the United Kingdom, ...

• (b) processed within a supplementary control zone in France in connection with the carrying out of immigration controls by an immigration officer, or

• (c) processed within the tunnel system in France in connection with the carrying out of security controls by an officer belonging to the United Kingdom,

shall be treated as processed by a controller established in the United Kingdom in the context of the activities of that establishment (and the UK GDPR and the 2018 Act shall accordingly apply in respect of such data).

• (3) For the purposes of Article 3 of the UK GDPR and section 207 of the 2018 Act, data which is—

• (a) processed within a control zone in the United Kingdom in connection with the carrying out of frontier controls by an officer belonging to the French Republic, or

• (b) processed within a supplementary control zone in the United Kingdom in connection with the carrying out of immigration controls by such an officer,

shall be treated as processed by a controller established in France in the context of the activities of that establishment (and the UK GDPR and the 2018 Act shall accordingly not apply in respect of such data).

• (4) In this article, “the UK GDPR” has the meaning given in section 3(10) of the Data Protection Act 2018.

Application of criminal law

5

• (1) Any act or omission which—

• (a) takes place outside the United Kingdom in a control zone, and

• (b) would, if taking place in England, constitute an offence under a frontier control enactment,

or any act or omission which—

• (c) takes place outside the United Kingdom in a supplementary control zone, and

• (d) would, if taking place in England, constitute an offence under an immigration control enactment,

shall be treated for the purposes of that enactment as taking place in England.

• (1ZA) Any act or omission which—

• (a) takes place inside the United Kingdom in a control zone and relates to an officer belonging to the French Republic; and

• (b) would constitute an offence under a frontier control enactment if it took place in relation to an officer belonging to the United Kingdom,

shall be treated for the purposes of that enactment as if it were an act or omission which had taken place in relation to an officer belonging to the United Kingdom.

• (1ZB) Section 22 of the UK Borders Act 2007 is modified for the purposes of paragraph (1ZA) so that the reference in subsection (1) of that section to an immigration officer includes a reference to an officer belonging to the French Republic.

• (1A) Summary proceedings for anything that is by virtue of paragraph (1) or (1ZA) an offence triable summarily or triable either way may be taken, and the offence may for all incidental purposes be treated as having been committed, in the county of Kent or in the area comprising the inner London boroughs.

• (2) Any jurisdiction conferred by virtue of paragraphs (1), (1ZA) and (1A) on any court is without prejudice to any jurisdiction exercisable apart from this article by that or any other court.

• (3) Where it is proposed to institute proceedings in respect of an alleged offence in any court and a question as to the court’s jurisdiction arises under Article 38(2)(a) of the international articles, it shall be presumed, unless the contrary is proved, that the court has jurisdiction by virtue of that Article.

Powers of officers and supplementary controls

6

Schedule 3 (which contains in Part I provision as to powers exercisable by constables and other officers and in Part II provision for meeting obligations under Article 25 of the Protocol mentioned in article 1 above concerning the prevention of animals from straying into the Fixed Link) shall have effect.

Enactments modified

7

• (1) Without prejudice to the generality of articles 4(1), 4(1B) and 5(1), the frontier control enactments mentioned in Schedule 4 shall—

• (a) in their application to France by virtue of article 4(1) or article 4(1B), and

• (b) in their application to the United Kingdom—

• (i) within the tunnel system, and

• (ii) elsewhere for the authorised purposes,

have effect with the modifications set out in Schedule 4.

• (1A) Nothing in paragraph (1)(b)(ii) implies the existence of a supplementary control zone in the station of London-Waterloo on British Territory.

• (2) Subject to paragraph (3), within a control zone or a supplementary control zone and on trains within the tunnel system section 54(3) of the Firearms Act 1968[^f00003] (application to Crown servants) shall have effect as if the reference to a member of a police force included a reference to an officer belonging to the French Republic exercising functions as mentioned in Article 28(2) of the international articles or functions under Article 3 of the supplementary articles.

• (3) As respects officers exercising their functions in a control zone paragraph (2) applies only to the agreed number of specifed officers mentioned in Article 28(2)(b) of the international articles.

• (3A) As respects officers exercising their functions in a supplementary control zone paragraph (2) applies only to the number of specified officers agreed in pursuance of the supplementary articles.

• (4) The frontier control enactments relating to transport and road traffic controls in their application to France within the control zone in France within the tunnel system by virtue of article 4(1A) shall have effect as if any reference therein to a “public road” or “road” were a reference to any part of that control zone.

Amendments of enactments and instruments

8

• (1) The enactments mentioned in Part I of Schedule 5 shall have effect subject to the amendments there specified.

• (2) The instruments mentioned in Part II of Schedule 5 shall have effect subject to the amendments there specified.

Repeals and revocations

9

• (1) The enactments mentioned in Part I of Schedule 6 are repealed to the extent there specified.

• (2) The Orders mentioned in Part II of Schedule 6 are revoked to the extent there specified.

SCHEDULE 1 — EXPRESSIONS DEFINED

Expression	Meaning
“2012 Agreement”	The meaning given by article 2(7)
“The Concessionaires”	The meaning given by section 1(8) (read with section 3(3)) of the Channel Tunnel Act 1987.
“Control zone”	A control zone within the meaning of the international articles.
“Frontier controls”	So far as they constitute frontier controls within themeaning of the international articles and are controls in relation to persons or goods, police, immigration, customs, health, veterinary and phytosanitary , and transport and road traffic controls.
“Frontier control enactment”	An Act, or an instrument made under an Act, for the time being in force, which contains provision relating to frontier controls.
“Immigration control enactment”	An Act, or an instrument made under an Act, for the time being in force, which contains provision relating to immigration controls.
“Immigration officer”	The same meaning as in the Immigration Act 1971.
“The international articles”	The meaning given by article 2(3) above.
“International service”	The meaning given in section 13(6) of the Channel Tunnel Act 1987.
“security control enactment”	An Act, or an instrument made under an Act, for the time being in force, which contains provision relating to security controls
“security controls”	Controls in relation to customs carried out for the purposes of the 2012 Agreement
“Shuttle train”	The meaning given in section 1(9) of the Channel Tunnel Act 1987.
“State of arrival”	The meaning given by the supplementary articles.
“State of departure”	The meaning given by the supplementary articles
“The supplementary articles”	The meaning given by article 2(4) above.
“Supplementary control zone”	The part of the territory of the State of departure, determined by mutual agreement between the Governments of the State of departure and the State of arrival but excluding the station of London-Waterloo on British territory, within which the officers of the State of arrival are empowered to effect controls under the supplementary articles.
“Terminal control point”	A place which is an authorised terminal control point for international services for the purposes of sections 11 and 12 of the Channel Tunnel Act 1987.
“Through train”	A train, other than a shuttle train, which for the purposes of sections 11 and 12 of the Channel Tunnel Act 1987 is engaged on an international service.
“Train manager”	In relation to a through train or shuttle train, the person designated as train manager by the person operating the international service on which the train is engaged.
“The tunnel system”	The meaning given by section 1(7) of the Channel Tunnel Act 1987.

SCHEDULE 2 — INTERNATIONAL ARTICLES

ARTICLES 1 — DEFINITIONS

PART I — AUTHORITIES AND GENERAL PRINCIPLES OF CO-OPERATION

ARTICLE 2

PART II — FRONTIER CONTROLS AND POLICE: GENERAL

ARTICLE 5

ARTICLE 6

The competence of those juxtaposed national control bureaux shall extend to all cross-frontier movements with the exception of customs clearance of commercial traffic.

ARTICLE 7

ARTICLE 8

Within the Fixed Link, each Government shall permit officers of the other State to carry out their functions in its own territory in application of their powers relating to frontier controls.

ARTICLE 9

The laws and regulations relating to frontier controls of the adjoining State shall be applicable in the control zone situated in the host State and shall be put into effect by the officers of the adjoining State in the same way as in their own territory.

ARTICLE 10

ARTICLE 11

Breaches of the laws and regulations relating to frontier controls of the adjoining State which are detected in the control zone situated in the host State shall be subject to the laws and regulations of the adjoining State, as if the breaches had occurred in the latter’s own territory.

ARTICLE 12

ARTICLE 14

The detailed plans for the Fixed Link and its means of access, shall, in accordance with the relevant provisions of the Concession, delimit among other things:

• (a) the control zones;

• (b) the restricted zones and their sub-divisions;

• (c) railway lines and their means of access included in the control zones;

• (d) the area of the frontier control installations and their means of access.

ARTICLE 16

Where investigations and proceedings concern offences committed in the Fixed Link or having a connection with the Fixed Link, the authorities of the host State shall, at the request of the authorities of the adjoining State, undertake official enquiries, the examination of witnesses and experts and the notification to accused persons of summonses and administrative decisions.

ARTICLE 17

The assistance provided for in Article 16 shall be furnished in accordance with the laws, regulations and procedures in force in the State providing the assistance, and with international agreements to which that State is a party.

ARTICLE 18

If the State of arrival refuses admission to persons, vehicles, animals or goods, or if persons decide not to pass through the frontier controls of the State of arrival, or send or take back any vehicles, animals or goods which are accompanying them, the authorities of the State of departure may not refuse to accept back such persons, vehicles, animals or goods. However, the authorities of the State of departure may take any measures to deal with them in accordance with national law and in a way which does not impose obligations on the other State.

ARTICLE 19

PART III — HEALTH, VETERINARY AND PHYTOSANITARY CONTROLS

ARTICLE 20

Controls on persons for the purpose of safeguarding public health shall be carried out in the control zone situated in the host State by the competent authorities of the adjoining State in conformity with the regulations applicable in that State.

ARTICLE 21

The bringing into each of the two States of living animals, animal products, plants, plant products and foodstuffs for human or animal consumption shall be subject to controls by the competent authorities of the importing State in conformity with the regulations applicable in that State.

ARTICLE 22

The frontier controls referred to in Article 21 shall be carried out by the competent authorities of the two States either before or during Customs clearance.

ARTICLE 23

ARTICLE 24

Veterinary inspection of living animals shall be without prejudice to any subsequent quarantine measures which may be imposed by the importing State.

PART IV — OFFICERS

ARTICLE 26

Officers of both States shall be permitted to circulate freely in the whole of the Fixed Link for official purposes.In carrying out their functions they shall be authorised to pass through the frontier controls simply by producing appropriate evidence of their identity and status.

ARTICLE 28

ARTICLE 29

ARTICLE 30

ARTICLE 31

PART V — FACILITIES

ARTICLE 34

The authorities of the adjoining State shall be able to make use in the host State of the accommodation, installations and equipment necessary for the performance of their functions.

ARTICLE 35

ARTICLE 36

All goods which are necessary to enable the officers of the adjoining State to carry out their functions in the host State shall be exempt from all taxes and dues on entry and exit.

ARTICLE 37

PART VI — CO-OPERATION IN CRIMINAL JUSTICE

ARTICLE 38

ARTICLE 39

Where an arrest has been made for an offence in respect of which a State has jurisdiction under Article 38, that arrest shall not be affected by the fact that it continues in the territory of the other State.

ARTICLE 40

Without prejudice to the application of Article 3 of the Treaty and of Part II of this Protocol, the police and customs officers of one State may in accordance with their own national laws make arrests on the territory of the other State in cases where a person is found committing, attempting to commit, or just having committed an offence:

• (a) on board any train which has commenced its journey from one State to the other and is within the Fixed Link; or

• (b) within any tunnel described in Article 1(2) of the Treaty.

ARTICLE 41

In the case of arrests covered by Articles 39 and 40:

• (a) the person arrested shall be presented without delay to the competent authorities of the State of arrival for that State to be responsible for determining the exercise of jurisdiction as required by Article 38; and

• (b) where jurisdiction shall be exercised by the other State in accordance with Article 38, the person arrested may be transferred to the territory of that State. However, any such transfer shall take place within 48 hours of the presentation under paragraph (a) of this Article. Moreover, each State reserves the right not to transfer its nationals.

PART VII — PUBLIC SAFETY AND RESCUE

ARTICLE 42

ARTICLE 43

ARTICLE 44

• (1) Without prejudice to the application of the provisions of Article 46, if, during a rescue operation in the territory of the host State, damage is caused to a third party by a member of the rescue services of the adjoining State, the competent authorities of the host State shall make reparations in respect of the damage according to the arrangements which would have applied had the damage been caused by its own rescue services.

• (2) In the case of the death of, or personal injury to, the personnel of the rescue services of the adjoining State, that State shall waive any claim against the host State.

• (3) Whilst in the exercise of their official functions, members of the rescue services shall:

• (a) benefit in the same way as officers from the provisions of Articles 28(1), 29 and 30(2);

• (b) in the case of a joint intervention, be permitted to circulate freely in the whole of the Fixed Link;

• (c) except in circumstances provided for in sub-paragraph (b) and after agreement by the competent authorities of the two States, be granted access where necessary to that part of the Fixed Link lying within the territory of the adjoining State.

PART VIII — FINAL CLAUSES

ARTICLE 46

• (1) Without prejudice to the application of Articles 15 and 16 of the Treaty in any case covered by those two Articles, in the case of claims for compensation resulting from the application of this Protocol the following provisions shall apply:

• (a) each State shall waive any claim which it may have against the other State for compensation in respect of damage caused to its officers or its property;

• (b) claims by the Concessionaires shall be dealt with in accordance with the provisions of the Concession.

• (2) The provisions of this Article do not affect in any way the rights of third parties under the laws of each State.

ARTICLE 47

The procedures for the implementation of this Protocol may, as far as necessary, be the subject of technical or administrative arrangements between the competent authorities of the two States.

SCHEDULE 3

PART I — POWERS OF OFFICERS

Power to assist French authorities

1

• (1) Where—

• (a) an officer belonging to the French Republic has in a control zone in the United Kingdom or in a supplementary control zone in the United Kingdom arrested or detained a person as permitted by Article 10(1) of the international articles and Article 2 of the supplementary articles, and

• (b) such an officer so requests,

a constable or an officer commissioned by the Commissioners of Customs and Excise under section 6(3) of the Customs and Excise Management Act 1979[^f00004] (in this Schedule referred to as a “customs officer”) may make arrangements for the person to be taken into temporary custody.

• (2) A person taken into temporary custody under sub-paragraph (1)—

• (a) shall be treated for all purposes as being in lawful custody, and

• (b) may be taken to a police station or such other place as may be appropriate in the circumstances, and shall in that case be treated as being a person in whose case sections 36(7) and (8), 54 to 56 and 58 of the Police and Criminal Evidence Act 1984[^f00005] (in this Schedule referred to as “the 1984 Act”), and in the case of a child or young person section 34(2) to (9) of the Children and Young Persons Act 1933[^f00006], apply, and

• (c) must be returned, before the end of the period for which he could in the circumstances be detained in the United Kingdom under Article 10 of the international articles or Article 2 of the supplementary articles, to a place where detention under that Article could be resumed.

• (3) Where a person falls to be treated as mentioned in sub-paragraph (2)(b) section 56 of the 1984 Act shall be taken to apply as if he were detained for an indictable offence.

Powers of arrest outside United Kingdom

2

• (1) A constable may in a control zone in France—

• (a) exercise any power of arrest conferred by a frontier control enactment or conferred by section 24 of the 1984 Act in respect of an offence under such an enactment,

• (b) make any arrest authorised by a warrant issued by a court in the United Kingdom, and

• (c) arrest any person whose name or description or both, together with particulars of an indictable offence of which there are reasonable grounds for suspecting him to be guilty, have been made available by a chief officer of police to other such officers.

• (2) For the purposes of sub-paragraph (1)(a) the reference in sub-paragraph (1) to a constable shall be construed—

• (a) in relation to the powers of arrest conferred by section 28A(1) and (3) of and paragraph 17(1) of Schedule 2 to the Immigration Act 1971[^f00007], as including a reference both—

• (i) to an immigration officer appointed for the purposes of that Act under paragraph 1 of that Schedule, and

• (ii) to an officer of customs and excise who is the subject of arrangements for the employment of such officers as immigration officers made under that paragraph by the Secretary of State,

and where this sub-paragraph applies, the reference in sub-paragraph (1) to a control zone in France shall be construed as including a reference to a supplementary control zone in France,

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (c) in relation to any arrest that may be made by a customs officer by virtue of section 138 of the Customs and Excise Management Act 1979 and an arrest for a drug trafficking offence as defined in paragraphs 1 and 10 of Schedule 2 to the Proceeds of Crime Act 2002, as including a reference to a customs officer.

• (3) A customs officer may

• (a) in a control zone in France arrest any person whose name or description or both, together with particulars of an arrestable offence (within the meaning of section 24 of the 1984 Act) which is an offence in relation to an assigned matter as defined in section 1(1) of the Customs and Excise Management Act 1979 and of which there are reasonable grounds for suspecting him to be guilty, have been made available to customs officers generally under the authority of the Commissioners of Customs and Excise ;

• (b) within the tunnel system exercise any power of arrest conferred by a security control enactment in connection with the carrying out of security controls.

• (3A) An immigration officer may exercise the power of detention conferred by section 2(1) of the UK Borders Act 2007 in a control zone in France in respect of—

• (a) an individual who the immigration officer thinks might be liable to arrest by a constable under section 24(1), (2) or (3) of the Police and Criminal Evidence Act 1984 for an act or omission which would constitute an offence under a frontier control enactment if it had taken place in England, or

• (b) an individual subject to a warrant for arrest who is sought by the United Kingdom authorities.

• (3B) An immigration officer may exercise the power of detention conferred by section 2(1) of the UK Borders Act 2007 in a supplementary control zone in France in respect of—

• (a) an individual who an immigration officer thinks might be liable to arrest by a constable under section 24(1), (2) or (3) of the Police and Criminal Evidence Act 1984 for an act or omission which would constitute an offence under an immigration control enactment if it had taken place in England, or

• (b) an individual subject to a warrant for arrest who is sought by the United Kingdom authorities.

• (4) For the purpose of enabling constables to make arrests in France in the cases described in Article 40 of the international articles section 24 of the 1984 Act shall extend to France.

• (5) Where—

• (a) an arrest has been made for an offence of the kind mentioned in Article 39 of the international articles, and

• (b) it falls to the competent authorities in France to determine the exercise of jurisdiction in accordance with Article 38,

the person arrested shall be treated as continuing to be under arrest while in France until he is presented to those authorities as required by Article 41(a).

• (6) Where—

• (a) an arrest falling within sub-paragraph (4) or (5) above has been made, and

• (b) the competent authorities in France determine under Article 41 of the international articles that jurisdiction is to be exercised by the United Kingdom,

the person arrested shall be treated as having continued to be under arrest throughout, even if he was for some period in the custody of those authorities, and sections 30 and 41 of the 1984 Act shall apply accordingly.

• (7) Any power conferred by an enactment to search an arrested person may be exercised following an arrest authorised by this paragraph as if the person had been arrested in the United Kingdom.

Arrested persons held in France

3

• (1) Where—

• (a) an arrest of any kind authorised by paragraph 2 above has been made in a control zone in France or in a supplementary control zone in France, or

• (b) an arrest of any such kind has been made in the United Kingdom and the person arrested enters such a control zone while under arrest,

the person arrested may be held in France for a period of not more than 24 hours and, if there are exceptional circumstances and an officer belonging to the French Republic is notified of the extension, for a further such period.

• (2) The person arrested shall be treated as if the place where he is held were for the purposes of the provisions mentioned in paragraph 1(2)(b) above and those of sections 61 to 64A of the 1984 Act a police station ... in England, not being a police station designated under section 35 of the 1984 Act, and section 34(1) to (5E) of the 1984 Act shall also apply in such a case.

• (2A) Subject to sub-paragraph (3), the person arrested, where the arrest was made by a customs officer, shall be treated as if the place where the person is held were for the purposes of the provisions mentioned in paragraph 1(2)(b) above and those of sections 61 to 63 and 63D of the 1984 Act a customs office in England, not being a customs office designated under section 35 of the 1984 Act.

• (3) Where—

• (a) an arrest falling within paragraph 2(1)(a) or (3) (a) or (b) above has been made by a customs officer, and

• (b) the person arrested is held in France in a place within the tunnel system which would if it were in England be a customs office within the meaning of the 1984 Act,

sections 34(1) to (5), 36, 37, 39 to 42, 50, 54, 54A, 55, 56(1) to (9), 58 (1) to (11), 62, 63 and 63D of the 1984 Act and in the case of a child or young person section 34(2) to (9) of the Children and Young Persons Act 1933, shall apply as if the place where he is held were a customs office in England designated under section 35 of the 1984 Act.

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Persons arrested by French officers

4

• (1) Where—

• (a) an arrest falling within Article 39 or 40 of the international articles has been made, and

• (b) the person arrested enters the United Kingdom while under arrest,

the person arrested shall be taken to a police station.

• (2) The custody officer at the police station to which the person is taken shall determine—

• (a) whether the offence is one over which the United Kingdom has jurisdiction by virtue of Article 38(1), and

• (b) if he determines that it is not, whether it is one over which the United Kingdom may exercise jurisdiction by virtue of Article 38(2) and if so whether jurisdiction is to be exercised,

and may for the purpose of determining those questions detain the person at the police station for not longer than the permitted period.

• (3) The permitted period is the period of 48 hours beginning at the time at which the person arrives at the police station.

• (4) Subject to sub-paragraph (6), the person shall be treated—

• (a) as not being detained at the police station for the purposes of section 37 of the 1984 Act, and

• (b) as not being in police detention for the purposes of sections 40 to 43 of the 1984 Act.

• (5) Where the custody officer determines that the United Kingdom does not have jurisdiction by virtue of Article 38(1) and—

• (a) that jurisdiction is not exercisable by virtue of Article 38(2), or

• (b) that jurisdiction is exercisable by virtue of Article 38(2) but is not to be exercised,

he shall immediately inform the competent French authorities of his determination and shall arrange for the person to be transferred to France within the permitted period.

• (6) Where the custody officer determines that the United Kingdom has jurisdiction by virtue of Article 38(1) or that jurisdiction is exercisable by virtue of Article 38(2) and is to be exercised—

• (a) he shall immediately inform the person of his determination,

• (b) the person shall be treated as being in police detention for all purposes of Part IV of the 1984 Act, and

• (c) that Part shall have effect in relation to him as if the relevant time mentioned in section 41(2) were the time at which he is informed of the determination.

• (7) Where the police station to which the person is taken is not a police station designated under section 35 of the 1984 Act, references in this paragraph to the custody officer are to be construed as references to an officer not below the rank of sergeant.

Arrests of French officers

5

• (1) This paragraph applies where an officer belonging to the French Republic (“the officer”) is arrested for an act performed in the United Kingdom in the tunnel system or a control zone or supplementary control zone.

• (2) If the officer enters France while under arrest—

• (a) he shall without delay be handed over for custody to the competent French authorities and shall be treated as continuing to be under arrest until he has been handed over, and

• (b) if after consultation with those authorities it is then determined that the act was not performed by the officer whilst in the exercise of his functions and he accordingly does not by virtue of Article 30(2) of the international articles come under French jurisdiction, he shall be treated as having continued to be under arrest until sub-paragraph (3) has been complied with.

• (3) Where—

• (a) sub-paragraph (2)(b) applies, or

• (b) the officer does not enter France while under arrest,

he shall be taken to a police station designated under section 35 of the 1984 Act.

• (4) Sub-paragraphs (5) to (9) apply in a case falling within sub-paragraph (3)(b).

• (5) The custody officer at the police station to which the officer is taken shall after consultation with the competent French authorities determine whether the act was performed by the officer whilst in the exercise of his functions, and may for the purpose of determining that question detain the officer at the police station for not longer than the permitted period.

• (6) The permitted period is the period of 48 hours beginning at the time at which the officer arrives at the police station.

• (7) Subject to sub-paragraph (9), the officer shall be treated—

• (a) as not being detained at the police station for the purposes of section 37 of the 1984 Act, and

• (b) as not being in police detention for the purposes of sections 40 to 43 of the 1984 Act.

• (8) Where the custody officer determines that the act was performed by the officer whilst in the exercise of his functions and the officer accordingly comes under French jurisdiction by virtue of Article 30(2), he shall immediately inform the competent French authorities and shall arrange for the officer to be transferred to France within the permitted period.

• (9) In any other case—

• (a) the custody officer shall immediately inform the officer of his determination,

• (b) the officer shall be treated as being in police detention for all purposes of Part IV of the 1984 Act, and

• (c) that Part shall have effect in relation to him as if the relevant time mentioned in section 41(2) were the time at which he is informed of the determination.

Arrests of United Kingdom officers

6

• (1) This paragraph applies where an officer belonging to the United Kingdom (“the officer”) is arrested for an act performed in France in the tunnel system or a control zone or supplementary control zone.

• (2) If—

• (a) the officer does not enter the United Kingdom while under arrest, and

• (b) the competent French authorities determine that the act was performed by the officer whilst in the exercise of his functions and he accordingly comes under United Kingdom jurisdiction by virtue of Article 30(2) of the international articles,

he shall on being handed over by those authorities to a constable be treated as having been arrested by the constable.

• (3) Where—

• (a) sub—paragraph (2)(b) applies, or

• (b) the officer enters the United Kingdom while under the original arrest,

he shall be taken to a police station designated under section 35 of the 1984 Act.

• (4) Sub—paragraphs (5) to (9) apply in a case falling within sub—paragraph (3)(b).

• (5) The custody officer at the police station to which the officer is taken shall—

• (a) immediately invite the competent French authorities to determine whether the act was performed by the officer whilst in the exercise of his functions, and

• (b) afford those authorities any assistance they may require in determining that question,

and may for the purpose of enabling that question to be determined detain the officer at the police station for not longer than the permitted period.

• (6) The permitted period is the period of 48 hours beginning at the time at which the officer arrives at the police station.

• (7) Subject to sub—paragraph (9), the officer shall be treated—

• (a) as not being detained at the police station for the purposes of section 37 of the 1984 Act, and

• (b) as not being in police detention for the purposes of sections 40 to 43 of the 1984 Act.

• (8) Where the competent French authorities determine that the act was not performed by the officer whilst in the exercise of his functions and the officer accordingly does not by virtue of Article 30(2) come under United Kingdom jurisdiction, the custody officer shall arrange for the officer to be transferred to France within the permitted period.

• (9) In any other case—

• (a) the custody officer shall immediately inform the officer of the determination,

• (b) the officer shall be treated as being in police detention for all purposes of Part IV of the 1984 Act, and

• (c) that Part shall have effect in relation to him as if the relevant time mentioned in section 41(2) were the time at which he is informed of the determination.

PART II — SUPPLEMENTARY CONTROL OVER ANIMALS

Extent

1

This Part does not extend to France.

Interpretation

2

In this Part “animal” means a four—footed mammal capable of carrying the rabies virus, except one which—

• (a) is lawfully being transported through the tunnel system, or

• (b) enters the tunnel system for purposes connected with law enforcement or security and is under the control of a person approved in writing by the appropriate Minister,

and “tunnel”, except in the expression “tunnel system”, means a tunnel mentioned in section 1(7)(a) of the Channel Tunnel Act 1987.

Duties of Concessionaires

3

The Concessionaires shall—

• (a) construct and maintain fencing around the entrance to each tunnel, except at places where gaps are necessary to allow the passage of vehicles through the tunnel, of such material and of such a height above and depth below the surface of the ground as to ensure, so far as is practicable, that an animal cannot cross it, and

• (b) comply with the requirements imposed by paragraph 5.

Installations

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Requirements

5

The requirements mentioned in paragraph 3(b) are—

• (a) to ensure, so far as is practicable, that any animal which has entered a tunnel is removed from the tunnel system,

• (b) to operate a system of surveillance that will ensure, so far as is practicable, that the passage of any animal through a tunnel is detected,

• (c) to take effective measures for the control of rodents, including monitoring each tunnel for the presence of rodents and laying poisoned bait for them,

• (d) so far as is practicable, to keep each tunnel free of waste food, urine, faeces and every other substance likely to attract animals,

• (e) to ensure that all points of access to a tunnel, other than the entrance to the tunnel and any ventilation shafts, are sealed when not in use,

• (f) to ensure that all tunnel ventilation shafts are so constructed as effectively to deter animals from passing through them, and

• (g) to keep records of the taking of any bait laid as mentioned in sub—paragraph (c) and of the detection of the presence of any animal in a tunnel or within the fencing described in paragraph 3(a).

Unauthorised interference

6

Unless authorised in writing by the Concessionaires, no person shall intentionally—

• (a) remove or in any way impair the effectiveness of the fencing described in paragraph 3(a), or

• (b) do anything which might in any way impair the effectiveness of any measures taken to comply with the requirements described in paragraph 5.

Enforcement

7

A person authorised by the appropriate Minister may, on producing, if required to do so, some duly authenticated document showing his authority—

• (a) enter any part of the tunnel system for the purpose of ascertaining whether there is or has been any breach of a requirement or prohibition imposed by this Part, and

• (b) for that purpose inspect any relevant document or computer record.

Offences

8

A person who contravenes any of paragraphs 3 to 6 or obstructs the exercise of powers by an authorised person under paragraph 7 shall be guilty of an offence and shall be liable—

• (a) on conviction on indictment to a fine, and

• (b) on summary conviction to a fine not exceeding the statutory maximum.

SCHEDULE 4 — ENACTMENTS MODIFIED

Immigration Act 1971

1

• (1) In this paragraph “the 1971 Act” means the Immigration Act 1971[^f00010].

• (2) In section 3 of the 1971 Act (general provision for regulation and control)[^f00011]—

• (a) after subsection (4) insert—

(4A) For the purposes of subsection (4) above a person seeking to leave the United Kingdom through the tunnel system who is refused admission to France shall be treated as having gone to a country outside the common travel area.

; and

• (b) after subsection (7) insert—

(7A) Any reference in an Order in Council under subsection (7) above to embarking or being about to embark shall be construed as including a reference to leaving or seeking to leave the United Kingdom through the tunnel system.

• (3) In section 4 of the 1971 Act (administration of control)[^f00012] in subsection (2)(b)—

• (a) for the words “the United Kingdom by ship or aircraft” substitute “, or seeking to arrive in or leave, the United Kingdom through the tunnel system”; and

• (b) for the words after “arrive as” substitute “members of the crews of through trains or shuttle trains”.

• (4) In section 8 of the 1971 Act (exceptions for seamen etc.) [^f00013] in subsection (1)—

• (a) for the words from “of a ship” to “its crew” substitute “of a through train or shuttle train under an engagement requiring him to leave within seven days as a member of the crew of that or another such train”; and

• (b) for the words “departure of the ship or aircraft” substitute “departure of the through train or shuttle train”.

• (5) In section 11 of the 1971 Act (construction of references to entry etc.)—

• (a) in subsection (1)—

• (i) for the words “by ship or aircraft” substitute “through the tunnel system”, and

• (ii) for the words from “he disembarks” to “immigration officer” substitute—

(a) he leaves any control area designated under paragraph 26 of Schedule 2 to this Act, or (b) he remains on a through train after it has ceased to be such a control area

• (b) omit subsections (2) and (3); and

• (c) in subsection (4) omit the words after “section 1(3)”.

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (7) In section 24 of the 1971 Act (illegal entry and similar offences)[^f00015]—

• (a) in subsection (1)(f) for the words from “disembarks” to “aircraft” substitute “leaves a train in the United Kingdom”; and

• (b) in subsection (1)(g) for the word “embarks” substitute “leaves or seeks to leave the United Kingdom through the tunnel system”.

• (8) In section 25C (forfeiture of vehicle, ship or aircraft)—

• (a) in subsection (3)—

• (i) for “ship or aircraft” wherever those words occur substitute “train”;

• (ii) at the end of paragraph (d) insert “or”;

• (iii) omit paragraph (e);

• (iv) in paragraph (f), for “captain” substitute “the train manager”;

• (b) in subsection (4), for paragraphs (a) and (b) substitute “if subsection (5) applies”;

• (c) in subsection (5) for “ship or aircraft” in both places, substitute “train”;

• (d) omit subsections (6) and (7);

• (e) in subsection (8)—

• (i) for “, ship or aircraft” substitute “or train”;

• (ii) for “ship, aircraft” substitute “train”.

• (9) In section 27 of the 1971 Act (offences by persons connected with ships etc.)—

• (a) in paragraph (a)—

• (i) for the words “captain of a ship or aircraft” substitute “train manager of a through train or shuttle train”, and

• (ii) in sub—paragraph (i) for the word “disembark” substitute “leave the train”;

• (b) in paragraph (b)—

• (i) for the words “as owner or agent of a ship or aircraft” substitute “as, or as agent of, a person operating an international service”,

• (ii) in sub—paragraph (i) for the words from “the ship” to “port of entry” substitute “a through train to stop at a place other than a terminal control point or an international station”; and

• (c) in paragraph (c)—

• (i) for the words “as a person” to “port” substitute “as an occupier or person concerned with the management of a terminal control point or of an international station”,

• (ii) for the words “the embarkation or disembarkation of passengers” substitute “persons arriving or seeking to arrive in, or leaving or seeking to leave, the United Kingdom through the tunnel system” ; and

• (d) in paragraph (ca) for the words “as a person” to “port” substitute “as an occupier or person concerned with the management of a terminal control point or of an international station”.

• (9A) In section 28A of the 1971 Act (arrest without warrant), in subsection (3) after the words “immigration officer” insert “or a constable”.

• (10) In section 33 of the 1971 Act (interpretation)[^f00017]—

• (a) in subsection (1)—

• (i) omit the definitions of “airport” and “port”,

• (ii) in the definition of “crew” after the word “captain,” insert “and in relation to a through train or a shuttle train, means all persons on the train who are actually employed in its service or working, including the train manager,”, and

• (iii) in the definition of “illegal entrant” after the words “unlawfully entering or seeking” insert “(whether or not he has arrived in the United Kingdom)”; and

• (b) in subsection (3) for the words “ports of entry for purposes of this Act” substitute “international stations for purposes of this Act shall be such railway stations as may from time to time be designated by order of the Secretary of State”.

• (11) In Schedule 2 to the 1971 Act (administrative provisions as to control on entry etc.)[^f00018]—

• (a) in paragraph 1(4) and where first occurring in paragraph 1(5) for the words “ship oraircraft” substitute “through train or shuttle train”;

• (b) in paragraph 1(5) for the words after “vehicle” substitute

which— (a) is in a control zone in France within the tunnel system, or (b) has arrived in, or is seeking to leave, the United Kingdom through the tunnel system.

• (c) in paragraph 2(1) for the words from “in the United Kingdom” to “seeking to enter the United Kingdom)” substitute “, or who are seeking to arrive, in the United Kingdom through the tunnel system”;

• (d) after paragraph 2(1) insert—

(1A) The power conferred by sub-paragraph (1) is exercisable— (a) as respects persons who have arrived in the United Kingdom, in a control area, and (b) as respects persons seeking to arrive in the United Kingdom (who may first be questioned to ascertain whether they are seeking to do so), in a control zone in France or Belgium, or in a supplementary control zone in France.

• (e) in paragraph 2(3) after the words “further examination” insert “(or, if examined by an immigration officer in a supplementary control zone, may be required to submit to a further examination before or after arrival in the United Kingdom)” and—

• (i) for the words “crew of a ship or aircraft” substitute “crew of a through train or shuttle train”,

• (ii) after the words “joining a ship or aircraft” insert “or a shuttle train or through train”, and

• (iii) after the words “intended ship or aircraft” insert “or train”;

• (ea) after paragraph 2A(1) insert—

(1A) This paragraph also applies to a person who seeks to arrive in the United Kingdom and who is in a control zone in France or Belgium, or in a supplementary control zone in France.

, and after paragraph 2A(5) insert—

(5A) A person examined by an immigration officer under this paragraph in a supplementary control zone may be required to submit to a further examination before or after arrival in the United Kingdom.

• (eb) in paragraph 2A(6)—

• (i) after the words “sub-paragraph (5)” insert “or sub-paragraph (5A)”, and for the words “crew of a ship or aircraft” substitute “crew of a through train or shuttle train”;

• (ii) after the words “joining a ship or aircraft” insert “or a shuttle train or through train”; and

• (iii) after the words “intended ship or aircraft”, insert “or train”;

• (f) in paragraph 3(1) and (2) for the words “embarking or seeking to embark in the United Kingdom” substitute “leaving or seeking to leave the United Kingdom through the tunnel system”;

• (g) in paragraph 5—

• (i) in sub-paragraph (a) for the words “passengers disembarking” to “such passengers” substitute “persons arriving in or leaving or seeking to arrive in or leave the United Kingdom through the tunnel system, or any class of such persons”,

• (ii) in sub-paragraph (b) for the words “passengers embarking” to “such passengers” substitute “persons leaving or seeking to leave the United Kingdom through the tunnel system, or any class of such persons”, and

• (iii) for the words “the owners or agents of ships and aircraft to supply such cards to those passengers” substitute “persons operating international services to supply such cards to those persons”.

• (ga) in paragraph 5B–

• (i) in sub-paragraph (1)(a) for the words “an owner or agent of a ship or aircraft” substitute “a person operating, or a person acting as agent of a person operating, an international service”, and

• (ii) in sub-paragraph (1)(b) for the words “a person concerned in the management of a port” substitute “an occupier of, or a person concerned with the management of a terminal control point or of an international station”, and

• (iii) in sub-paragraph (2)(a) for the words “the port” substitute “the terminal control point or the international station”.

• (h) in paragraph 8(1)—

• (i) after the words “in the United Kingdom” insert “through the tunnel system”, and

• (ii) for the words after “sub—paragraph (2) below” substitute

give the person operating the international service by which he arrived (“the carrier”) directions requiring the carrier— (a) to remove him from the United Kingdom through the tunnel system; or (b) to make arrangements for his removal from the United Kingdom in any ship or aircraft specified or indicated in the directions to a country or territory so specified, being either— (i) a country of which he is a national or citizen; or (ii) a country or territory in which he has obtained a passport or other document of identity; or (iii) the country from which he departed for the United Kingdom; or (iv) a country or territory to which there is reason to believe he will be admitted.

• (i) after paragraph 8(1) insert—

(1A) Where a person seeking to arrive in the United Kingdom through the tunnel system is refused leave to enter and is then in a control zone in France within the tunnel system, an immigration officer may give the Concessionaires directions requiring them to secure that the person is taken out of the control zone to a place where he may be accepted back by the competent French authorities as provided in Article 18 of the international articles.

• (j) in paragraph 8(2)[^f00019]—

• (i) for the words “sub-paragraph (1)(b) or (c)” substitute “sub—paragraph (l)”, and

• (ii) for the words “the owners or agents in question” substitute “the carrier”;

• (k) in paragraph 9(1) for the words after “an immigration officer” substitute

may— (a) if the illegal entrant has arrived in the United Kingdom, give such directions in respect of him as in a case within sub—paragraph (1) of paragraph 8 above are authorised by that sub—paragraph, or (b) if the illegal entrant is in a control zone in France within the tunnel system, give such directions in respect of him as in a case within sub—paragraph (1A) of paragraph 8 above are authorised by that sub—paragraph.

• (l) in paragraph 10(1)—

• (i) omit the words from “either” to “or (b)”,

• (ii) for the words “owners or agents of any ship or aircraft” substitute “person operating the international service by which he arrived”, and

• (iii) for the words “paragraph 8(1)(c)” substitute “paragraph 8(1)”;

• (m) in paragraph 11 after the words “ship or aircraft” insert “or through train or shuttle train”;

• (n) in paragraph 13 omit sub—paragraph (1) and in sub—paragraph (2)—

• (i) for the words “crew of a ship or aircraft, and either” substitute “crew of a through train or shuttle train, and”,

• (ii) omit the words from “or (B)” to “do so”, and

• (iii) for the words after “an immigration officer may” substitute—

(a) give the train manager of the train in which that person (“the crew member”) arrived directions requiring the train manager to remove him from the United Kingdom in that train; or (b) give the person operating the international service on which that train is engaged directions requiring that person to remove the crew member from the United Kingdom in any train specified or indicated in the directions, being a train engaged on that international service; or (c) give that person directions requiring him to make arrangements for the removal of the crew member from the United Kingdom in any ship or aircraft or through train or shuttle train specified in the directions to a country or territory so specified, being either— (i) a country of which he is a national or citizen; or (ii) a country or territory in which he has obtained a passport or other document of identity; or (iii) the country from which he departed for the United Kingdom; or (iv) a country or territory in which he was engaged as a member of the crew of the through train or shuttle train in which he arrived in the United Kingdom; or (v) a country or territory to which there is reason to believe he will be admitted.

• (o) in paragraph 15 after the words “ship or aircraft” insert “or through train or shuttle train”;

• (p) in paragraph 16—

• (i) in sub—paragraph (2) for the words “his removal in pursuance of” substitute “the taking of any action in respect of him required by”,

• (ii) for sub—paragraph (3) substitute—

(3) A person may under the authority of an immigration officer be removed for detention under this paragraph— (a) from a vehicle in a control zone in the tunnel system in France; or (b) from a train or vehicle in which he arrives in the United Kingdom through the tunnel system.

, and

• (iii) after sub—paragraph (4) insert—

(5) Where a person has under paragraph 11 or 15 above been placed on a through train or shuttle train sub—paragraph (4) of this paragraph has effect with the substitution— (a) for the word “captain”, wherever occurring, of the words “train manager”; and (b) for the words “ship or aircraft”, wherever occurring, of the word “train”; and (c) for the word “disembarking”, of the words “leaving the train.”;

• (q) in paragraphs 19(1) and 20(1) for the words “owners or agents of the ship or aircraft in” substitute “person operating the international service by”; ...

• (r) for paragraphs 26 and 27 substitute—

(26) (1) Persons operating international services shall not, without the approval of the Secretary of State, arrange for any through train to stop for the purpose of enabling passengers to leave it except at a terminal control point or an international station. (2) The Secretary of State may from time to time give written notice to persons operating international services designating all or any through trains as control areas while they are within any area in the United Kingdom specified in the notice or while they constitute a control zone. (3) The Secretary of State may from time to time give written notice designating a control area— (a) to the Concessionaires as respects any part of the tunnel system in the United Kingdom or of a control zone within the tunnel system in France, or (b) to any occupier or person concerned with the management of a terminal control point in the United Kingdom or of an international station. (4) A notice under sub—paragraph (2) or (3) above may specify conditions and restrictions to be observed in a control area, and any person to whom such a notice is given shall take all reasonable steps to secure that any such conditions or restrictions are observed. (27) (1) The train manager of a through train or shuttle train arriving in the United Kingdom— (a) shall take such steps as may be necessary to secure that persons, other than members of the crew who may lawfully enter the United kingdom by virtue of section 8(1) of this Act, do not leave the train except in accordance with any arrangements approved by an immigration officer; and (b) where persons are to be examined by an immigration officer on the train, shall take such steps as may be necessary to secure that they are ready for examination. (2) The Secretary of State may by order require, or enable an immigration officer to require, the train manager of a through train or shuttle train or a person operating an international service or his agent to supply— (a) a passenger list showing the names and nationality or citizenship of passengers arriving or leaving on board the train; and (b) particulars of members of the crew of the train. (3) An order under sub-paragraph (2) may relate— (a) to all through trains or shuttle trains arriving or expected to arrive in the United Kingdom; (b) to all through trains or shuttle trains leaving or expected to leave the United Kingdom. (4) An order under sub-paragraph (2)— (a) may specify the time at which or period during which information is to be provided, (b) may specify the form and manner in which information is to be provided, (c) shall be made by statutory instrument, and (d) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

• (s) In paragraph 27B (passenger information)—

• (i) in sub-paragraph (1) for the words “ships or aircraft” substitute “through trains or shuttle trains”;

• (ii) in sub-paragraph (2) for the words “owner or agent (“the carrier”) of a ship or aircraft” substitute “person operating an international service or his agent (“the carrier”)”;

• (iii) in sub-paragraph (3)(a) for the words “ship or particular aircraft” substitute “train”;

• (iv) in sub-paragraph (3)(b) and (c) for the words “ships or aircraft” substitute “trains”; and

• (v) in sub-paragraphs (4) and (9) for the words “ship or aircraft”, wherever occurring, substitute “train”; and

• (vi) in sub-paragraph (9A) for “voyage or flight” substitute “international service” and for the words “ship or aircraft” substitute “through train or shuttle train”;

• (t) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (d) in sub-paragraphs (6), (7) and (9) for the words “ship or aircraft” substitute “through train”.

• (12) In Schedule 3 to the 1971 Act (supplementary provisions as to deportation)[^f00020]—

• (a) in paragraph 1(1) after the words “any person” insert “who arrived in the United Kingdom through the tunnel system”;

• (b) in paragraph 1(2) after sub—paragraph (b) insert—

(bb) directions to the person operating the international service by which the person in question arrived (“the carrier”) requiring the carrier to make arrangements for the removal of the person in question through the tunnel system; or

; and

• (c) in paragraph 1(4) after the word “voyage” insert “or journey”.

Public Health (Control of Disease) Act 1984

2

In the Public Health (Control of Disease) Act 1984[^f00021], in section 13 (regulations for control of certain diseases)—

• (a) in subsection (1)—

• (i) omit the words from “, as respects” to “coastal waters,”,

• (ii) in paragraph (b) for the words after “public health” substitute “from through trains or shuttle trains whose journey terminates in the United Kingdom”, and

• (iii) in paragraph (c) for the words “vessel or aircraft leaving any place” substitute “through train or shuttle train whose journey begins in the United Kingdom”;

• (b) after subsection (2) insert—

(2A) Regulations made under this section may provide for the Secretary of State from time to time— (a) to give written notice to persons operating international services designating all or any through trains as control areas while they are within any area in the United Kingdom specified in the notice or while they constitute a control zone; and (b) to give written notice designating a control area— (i) to the Concessionaires as respects any part of the tunnel system in the United Kingdom or of a control zone within the tunnel system in France, or (ii) to any occupier or person concerned with the management of a terminal control point in the United Kingdom or of a place in the United Kingdom which is a customs approved area within the meaning of the Channel Tunnel (Customs and Excise) Order 1990[^f00022] or of a railway station which is an international station for the purposes of the Immigration Act 1971; and references in subsections (2B), (3) and (5) below to a control area are to a control area so designated. (2B) Regulations made under this section may— (a) provide that a notice given as mentioned in subsection (2A) above may specify conditions and restrictions to be observed in a control area; and (b) require any person to whom such a notice is given to take all reasonable steps to secure that any such conditions or restrictions are observed.

• (c) in subsection (3)—

• (i) omit paragraph (a),

• (ii) for paragraph (b) substitute—

(b) the questions to be answered in a control area by train managers of through trains and shuttle trains and other persons on such trains, as to cases of epidemic, endemic or infectious disease in the train,

• (iii) in paragraph (c) for the words “alighting from aircraft to answer” substitute “on or alighting from such trains to answer in a control area”,

• (iv) for paragraph (d) substitute—

(d) the detention of such trains and of persons on them,

, and

• (v) in paragraph (e) for the words after “diseases” substitute “by train managers of and other persons on such trains,”;

• (d) in subsection (4) after paragraph (a) insert—

(aa) may, notwithstanding paragraph (a) above, specify the Secretary of State as an authority, or as the sole authority, by whom they are to be enforced and executed, and

; and

• (e) in subsection (5)—

• (i) in paragraph (a) after the words “subsection (4)(a)” insert “or (aa)”, and

• (ii) for the words “, vessel or aircraft” substitute “and any through train or shuttle train while it is in or constitutes a control area,”.

Terrorism Act 2000

3

• (1) The Terrorism Act 2000 is modified as follows.

• (2) Schedule 7 is modified in accordance with paragraphs (3) to (15).

• (3) In paragraph 1—

• (a) for sub-paragraph (2) substitute—

(2) In this Schedule, “port” includes a railway station or other place where— (a) persons embark or disembark, or (b) goods are loaded or unloaded, on or from a through train or shuttle train.

• (b) in sub-paragraph (3), for “ship or aircraft” substitute “ through train or shuttle train ”, in both places where it occurs.

• (4) In paragraph 2—

• (a) in sub-paragraph (2), omit—

• (i) in paragraph (a), “or in the border area”;

• (ii) in paragraph (b), “or in the area”;

• (iii) in paragraph (b), the words from “or Northern Ireland” to the end;

• (b) in sub-paragraph (3)—

• (i) for “ship or aircraft” substitute “ through train or shuttle train ”;

• (ii) omit “or Northern Ireland”, in both places where it occurs;

• (c) after sub-paragraph (3) insert—

(3A) An examination under sub-paragraph (1) may be commenced in a train during the period when it is a control area.

• (5) Omit paragraphs 3 and 4.

• (6) In paragraphs 5, 5A and 6A, omit “or 3” in each place it appears.

• (7) In paragraph 6—

• (a) in the opening words, omit “or 3”;

• (b) in sub-paragraph (1), for “vehicle” substitute “ through train or shuttle train ”;

• (c) in sub-paragraph (2), for “ship, aircraft or vehicle” substitute “ through train or shuttle train ”.

• (8) In paragraph 7, for “ship or aircraft” substitute “ through train or shuttle train ”, in each place where it occurs.

• (9) In paragraph 8—

• (a) for “ship or aircraft” substitute “ through train or shuttle train ”, in each place where it occurs;

• (b) omit sub-paragraph (2).

• (10) In paragraph 9—

• (a) in sub-paragraph (2)—

• (i) in paragraph (a) omit “or Northern Ireland”;

• (ii) in paragraph (a) for “ship or vehicle” substitute “ through train or shuttle train ”;

• (iii) omit paragraph (b);

• (b) omit sub-paragraphs (2A) and (2B);

• (c) in sub-paragraph (2C), omit paragraph (b);

• (d) in sub-paragraph (4)—

• (i) for “ship or aircraft” substitute “ through train or shuttle train ”;

• (ii) omit paragraph (c).

• (11) Omit paragraph 12.

• (12) In paragraph 13—

• (a) in sub-paragraph (1)—

• (i) in the opening words, for “ships or aircraft” substitute “ through trains or shuttle trains ”;

• (ii) in sub-paragraph (1)(a), for “United Kingdom” substitute “ Tunnel System ”;

• (b) in sub-paragraph (2), for “ship or aircraft” substitute “ through train or shuttle train ”, in each place where it occurs.

• (13) For paragraph 14 substitute—

(14) (1) The Secretary of State may from time to time give written notice to persons operating international services designating all or any through trains as control areas while they are within any area in the United Kingdom specified in the notice or while they constitute a control zone. (2) The Secretary of State may from time to time give written notice designating a control area— (a) to the Concessionaires as respects any part of the tunnel system in the United Kingdom or of a control zone within the tunnel system in France or Belgium, or (b) to any occupier or person concerned with the management of a terminal control point in the United Kingdom. (3) A notice under sub-paragraph (1) or (2) above may specify facilities to be provided and conditions and restrictions to be observed in a control area, and any persons to whom such a notice is given is to take all reasonable steps to secure that any such facilities, conditions or restrictions are provided or observed.

• (14) Omit paragraphs 15, 16 and 17.

• (15) Omit the Table of Designated Ports.

• (16) In Schedule 14 (exercise of officers' powers), in paragraph 5, after “this Act”, in each place where it occurs, insert “ or the Channel Tunnel (International Arrangements) Order 1993 ”.

SCHEDULE 5 — AMENDMENTS OF ENACTMENTS AND INSTRUMENTS

PART I — ENACTMENTS

Immigration Act 1971

1

In Schedule 2 to the Immigration Act 1971[^f00024]—

• (a) in paragraph 1(4) and (5), for the words from “aircraft” to “system, vehicle” substitute “or aircraft”; and

• (b) in paragraph 2(1), for the words “, aircraft or through the tunnel system” substitute “or aircraft”.

Animal Health Act 1981

2

In section 10(7) of the Animal Health Act 1981[^f00025] for the words “article 5(1) to (4)” substitute “article 5(1) and (2)”.

Prevention of Terrorism (Temporary Provisions) Act 1989

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART II — INSTRUMENTS

The Immigration (Particulars of Passengers and Crew) Order 1972

1

The Immigration (Particulars of Passengers and Crew) Order 1972[^f00027] is amended—

• (a) in article 2 by inserting after the words “Act of Parliament” the words “; and in this Order the expressions “shuttle train”, “through train” and “train manager” have the same meanings as in the Channel Tunnel (International Arrangements) Order 1993”;

• (b) by inserting after article 3(1)—

(1A) This article also applies to through trains and shuttle trains arriving in the United Kingdom.

• (c) by inserting after article 3(3)—

(3A) In relation to a train to which this article applies, paragraph (2) of this article shall have effect as if the reference to the captain of a ship or aircraft were a reference to the train manager, and— (a) in the case of a shuttle train, as if sub—paragraph (a) were omitted; (b) in the case of a through train, as if the reference in sub—paragraph (a) to the ship or aircraft were a reference to the train; and (c) in each case, as if the reference in sub—paragraph (b)(ii) to an aircraft were a reference to a through train or as the case may be a shuttle train and references to the aircraft were references to the train.

• (d) in article 3(4) by inserting after the word “aircraft” the words “or the train manager of a train”; and

• (e) in article 3(5) by inserting after the words “on a ship or aircraft” the words “or through train” and after the words “the ship or aircraft” the words “or the train manager of the train”.

The Rabies (Importation of Dogs, Cats and Other Mammals) Order 1974

2

Article 2 of the Rabies (Importation of Dogs, Cats and Other Mammals) Order 1974[^f00028] is amended—

• (a) by inserting after paragraph (1)—

(1A) In this Order “control zone” has the same meaning as in the Channel Tunnel (International Arrangements) Order 1993.

; and

• (b) in paragraph (2) by substituting for the words from “vehicle” to “accordingly” the words “or aircraft, or immediately it is brought into a control zone in France, and “land” and “landing” shall be construed accordingly”.

The Immigration (Landing and Embarkation Cards) Order 1975

3

Article 4 of the Immigration (Landing and Embarkation Cards) Order 1975[^f00029] is amended—

• (a) in paragraph (1) by inserting after the words “embarks in the United Kingdom” the words “, or leaves or boards in the United Kingdom a train which for the purposes of sections 11 and 12 of the Channel Tunnel Act 1987 is engaged on an international service,”; and

• (b) in paragraph (2) by inserting after the word “concerned” the words “or, as the case may be, by the person operating the international service”.

The Immigration Appeals (Procedure) Rules 1984

4

• (1) In this paragraph “the 1984 Rules” means the Immigration Appeals (Procedure) Rules 1984[^f00030].

• (2) Rule 2 of the 1984 Rules is amended by inserting after paragraph (2)—

(2A) In these Rules the following expressions have the same meaning as in the Channel Tunnel (International Arrangements) Order 1993— - “control zone”; - “shuttle train”; - “through train”.

• (3) Rule 4 of the 1984 Rules is amended—

• (a) in paragraph (1)(a) by inserting after the word “aircraft” the words “or through train or shuttle train”;

• (b) by inserting after paragraph (1)(a)—

(aa) where he is refused leave to enter while in a control zone in France and is a person who by virtue of section 13(3) of the Act would not be entitled to appeal while in the United Kingdom, not later than 28 days after the refusal;

; and

• (c) in paragraphs (1)(b), (9) and (10) by inserting after the word “aircraft”, wherever occurring, the words “or through train or shuttle train”.

• (4) Rule 6(1) of the 1984 Rules is amended by inserting in the proviso after the words “United Kingdom”, in the second place in which they occur, the words “or in a control zone in France”.

The Immigration (Places of Detention) Direction 1987

5

The Immigration (Places of Detention) (No. 2) Direction 2000 is amended—

• (a) in article 2, by inserting after the words “control zone” the words “, supplementary control zone”; and

• (b) in article 3(2)(a)(i) by inserting after the words “control zone” the words “or supplementary control zone”.

Code of practice for examining officers under the Terrorism Act 2000

6

The code of practice for examining officers under the Terrorism Act 2000 is amended—

• (a) in paragraph 4 by inserting after the words—

“port” and “border area” have the same meaning as in the Schedule

the words—

but, by virtue of the Channel Tunnel (International Arrangements) (Amendment No. 2) Order 2001, “port” also includes a railway station or other place where— (a) persons embark or disembark; or (b) goods are loaded or unloaded, on or, as the case may be, from a through train or shuttle train within the meaning of article 2(1) of the Channel Tunnel (International Arrangements) Order 1993

, and

• (b) in paragraph 7 by inserting after the words “(see paragraph 2(3) of the Schedule)” the words “or on a through train or shuttle train which has arrived in Great Britain through the Channel Tunnel system.”.

The Channel Tunnel (Customs and Excise) Order 1990

7

In paragraphs 8 to 10 “the 1990 Order” means the Channel Tunnel (Customs and Excise) Order 1990[^f00031] and in paragraphs 11 to 33 “the Schedule” means the Schedule to that Order.

8

Article 2 of the 1990 Order (interpretation) is amended—

• (a) in paragraph (2) by inserting below the word ““port;”” the word ““proper;””; and

• (b) by inserting after paragraph (2)

(3) In this Order the following expressions have the same meaning as in the Channel Tunnel (International Arrangements) Order 1993 - “Concessionaires”; - “control zone”; - “international service”; - “shuttle train”; - “terminal control point”; - “through train”; - “train manager”.

9

Article 3 of the 1990 Order (Channel tunnel customs approved areas) is amended—

• (a) in paragraph (1)—

• (i) by inserting after the word “conditions” the words “and restrictions”,

• (ii) by substituting for the words “within the tunnel system” the words “in the United Kingdom, and in France in a control zone within the tunnel system,”, and

• (iii) by substituting for the words “and any place” the words “, and may also so approve all or any through trains while they are within any area in the United Kingdom specified in the approval or while they constitute a control zone, and any place or train”; and

• (b) by substituting for paragraph (6)—

(6) Subject to paragraphs (6A) and (6B) below— (a) goods imported through the tunnel shall not be unloaded from the importing vehicle, and (b) goods to be exported through the tunnel shall not be loaded onto the exporting vehicle, except at a place which is a customs approved area. (6A) Paragraph (6) above does not apply, except in a case falling within paragraph (6B) below, so as to prevent, restrict or delay the movement between different member States of any goods entering or leaving the United Kingdom. (6B) The cases mentioned in paragraph (6A) above are those where it appears to the Commissioners or the proper officer that there are reasonable grounds for believing that compliance with paragraph (6) above is required for purposes connected with— (a) securing the collection of any Community customs duty or giving effect to any Community legislation relating to any such duty; (b) the enforcement of any prohibition or restriction for the time being in force by virtue of any Community legislation with respect to the movement of goods into or out of the member States; or (c) the enforcement of any prohibition or restriction for the time being in force by virtue of any enactment with respect to the importation or exportation of goods into or out of the United Kingdom.

10

Article 5 of the 1990 Order (time of importation, exportation etc.) is amended—

• (a) in paragraph (1) by inserting after the words “customs and excise Acts” the words “and of any enactment under or by virtue of which any prohibition or restriction with respect to the importation or exportation of any goods is for the time being in force”; and

• (b) by substituting for paragraphs (2) to (4)—

(2) Goods intended to be brought into the United Kingdom through the tunnel shall be treated as being imported into the United Kingdom— (a) when they are taken into a control zone in France within the tunnel system, or (b) in the case of goods carried in a through train while it constitutes a control zone in France, when officers become authorised under Article 12 of the international articles to begin to carry out controls.

11

The Schedule is amended by inserting immediately below the heading “MODIFICATIONS OF THE ACT OF 1979”

(A1) In section 17(1) (disposal of duties, etc.) the reference to Great Britain shall be construed as including a reference to a control zone in France.

12

The Schedule is amended by inserting immediately below the sub—heading “Part III of the Act of 1979: Customs and Excise Control Areas”—

(A2) (1) For the purposes of section 21[^f00032] (control of movement of aircraft, etc., into and out of the United Kingdom) references to an aircraft shall be treated as including references to a through train, and in relation to such trains section 21 shall be construed in accordance with sub—paragraphs (2) to (5). (2) References to a customs and excise airport shall be construed as references to a terminal control point or a place which is a customs approved area. (3) References to a flight shall be construed as references to a journey, and the reference in section 21(4) to flying shall be construed accordingly. (4) References to landing shall be construed as references to stopping for the purpose of enabling passengers or crew to board or leave the train or goods to be loaded onto or unloaded from it. (5) References to the commander of an aircraft shall be construed as references to the train manager of a train.

13

Paragraph 1 of the Schedule is amended by inserting after the words “section 27” the words “and as if a through train fell within those paragraphs while it constituted a control zone in France”.

14

The Schedule is amended by inserting after paragraph 3—

(3A) In section 31(1)[^f00033] (control of movement of goods to and from inland clearance depot, etc.) the reference to the place of importation shall be construed as including a reference to a customs approved area in France.

15

Paragraph 4 of the Schedule is amended by substituting for the words after “the reference to” the words “a ship or aircraft departing from any place shall be construed as including a reference to a vehicle which departs from a place which is a customs approved area.”.

16

The Schedule is amended by inserting after paragraph 4—

(4A) (1) For the purposes of section 33 (power to inspect aircraft, aerodromes, records, etc.) references to an aircraft shall be treated as including references to a through train and to a shuttle train, and in relation to such trains section 33— (a) shall have effect as if in section 33(3) the words from “licensed” to “other aerodrome” had not been enacted, and (b) shall be construed in accordance with sub—paragraphs (2) and (3). (2) The reference in section 33(1) to the commander of an aircraft shall be construed as a reference to the train manager of a train. (3) References to an aerodrome shall be construed as references to a place which is a customs approved area. (4B) (1) For the purposes of section 34[^f00034] (power to prevent flight of aircraft) references to an aircraft shall be treated as including references to a through train, and in relation to such trains section 34 shall be construed in accordance with sub—paragraphs (2) to (4). (2) References to a customs and excise airport shall be construed as references to a place which is a customs approved area. (3) References to a flight shall be construed as references to a journey, and any cognate expression shall be construed accordingly. (4) The reference in section 34(3) to the commander of an aircraft shall be construed as a reference to the train manager of a train.

17

Paragraph 5 of the Schedule is amended—

• (a) in sub—paragraph (1) by substituting for the word “vehicle” the words “through train” and for the words “a vehicle entering Northern Ireland by land” the words “a ship arriving at a port from a place outside the United Kingdom”; and

• (b) in sub—paragraph (2) by substituting for the word “vehicle” the words “through train” and for the words “a vehicle which has crossed the boundary into Northern Ireland” the words “a ship carrying goods arriving in or over United Kingdom waters, and in relation to such a vehicle the reference to the master of such a ship shall be construed as a reference to the person in charge of the vehicle”.

18

The Schedule is amended by inserting after paragraph 5—

(5A) In section 40(5)[^f00035] (removal of uncleared goods to Queen’s warehouse) the references to a ship or aircraft shall be construed as including references to a through train.

19

Paragraph 6 of the Schedule is amended by substituting for the words after “vehicle arriving” the words “at a place which is a customs approved area either in France or through the tunnel from France”.

20

The Schedule is amended by substituting for paragraph 7—

(7) In section 49(1) (forfeiture of goods improperly imported)— (a) the reference in paragraph (a)(ii) to goods unloaded from any aircraft in the United Kingdom shall be construed as including a reference to goods unloaded from a through train or shuttle train which has brought them into the United Kingdom and a reference to goods otherwise brought through the tunnel into the United Kingdom; and (b) the reference in paragraph (c) to goods found to have been concealed on board any aircraft shall be construed as including references to goods found concealed— (i) on a through train or shuttle train which has brought them into the United Kingdom, (ii) on a through train while it constitutes a control zone in France, or (iii) in a road vehicle in a control zone in France within the tunnel system.

21

Paragraph 8(a) of the Schedule is amended by inserting after the words “through the tunnel” the words “, or who brings or assists or is otherwise concerned in the bringing of such goods into a control zone in France,”.

22

Paragraph 9 of the Schedule is amended by inserting after the words “(authentication of Community customs documentation)” the words “and in section 62 (information, documentation, etc.as to export goods)”.

23

The Schedule is amended by inserting after paragraph 12—