The Channel Tunnel (Security) Order 1994

Made: 4th March 1994

Coming into force: in accordance with article 1

Now, therefore, the Secretary of State for Transport, in exercise of the powers conferred by section 11 of the Channel Tunnel Act 1987[^f00001], and all other powers enabling him in that behalf, hereby makes the following Order:

PART I — PRELIMINARY

Citation and commencement

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This Order may be cited as the Channel Tunnel (Security) Order 1994 and shall come into force on the day after the day on which it is made.

Interpretation

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• (1) In this Order, except where the context otherwise requires—

• “address”, in relation to electronic communications, means any number or address used for the purposes of such communications,

• “ammunition” has the same meaning as in the Firearms Act 1968[^f00002],

• “article” includes any substance, whether natural or artificial, in solid or liquid form or in the form of a gas or vapour,

• “authorised person” means a person authorised in writing by the Secretary of State for the purposes of Part III of this Order,

• “Channel Tunnel freight business” means the business of handling goods for delivery (by the person carrying on the business or by another person) for carriage by a Channel Tunnel train, in the case of a shuttle train, in a vehicle on that train, and “Channel Tunnel freight” shall be constructed accordingly;

• “Channel Tunnel freight forwarder” means a person whose business includes Channel Tunnel freight business,

• “Channel Tunnel train” means a train or any part of a train (including a shuttle train) which has been assigned for use (whether in the United Kingdom or elsewhere) for conveying passengers or goods through the tunnel system,

• “constable” includes any person having the powers and privileges of a constable,

• “electronic communication” has the same meaning as in the Electronic Communications Act 2000 (c. 7),

• “employee”, in relation to a body corporate includes officer,

• “enforcement notice” has the meaning given by article 21(1) of this Order,

• “explosive” means any article manufactured for the purpose of producing a practical effect by explosion, or intended for that purpose by a person having the article with him,

• “firearm” has the same meaning as in the Firearms Act 1968,

• “goods” means goods or burden of any description and includes baggage, stores and mail,

• “measures” (without prejudice to the generality of that expression) includes the construction, execution, alteration, demolition or removal of any building or other works (whether on dry land or on the seabed or other land covered by water), and also includes the institution or modification, and the supervision and enforcement, of any practice or procedure,

• “owner” includes a lessee,

• “property” includes any land, building or works, any train or other vehicle and any goods or other article of any description,

• “restricted zone”, in relation to the tunnel system or any land, building or works, means any part of the tunnel system or the land, building or works designated under article 12 of this Order or, where the whole of the tunnel system or land, building or works is so designated, the tunnel system or the land, building or works,

• “stores” means any goods intended for sale or use on a train, within the tunnel system or within a restricted zone, including fuel and spare parts and other articles of equipment, whether or not for immediate fitting,

• “train manager” means in relation to a Channel Tunnel train, the person designated as train manager by the person operating the service on which the train is engaged or, in the absence of such designation, the driver of the train,

• “United Kingdom national” means an individual who is—a British citizen, a British Dependent Territories citizen, a British National (Overseas) or a British Overseas citizen,a person who under the British Nationality Act 1981[^f00003] is a British subject, or (c)a British protected person (within the meaning of that Act),

• “unlawfully”, in relation to the commission of an act, means so that the commission of the act is (apart from this Order) an offence under the law of England and Wales, Scotland or Northern Ireland or would be if committed there, and

references to the tunnel system include references to the tunnel system or any part of it (whether in England or France), except the inland clearance depot at Ashford in Kent, for the accommodation, in connection with the application to them of customs and other controls, of freight vehicles which have been or are to be conveyed through the tunnels on shuttle services.

• (2) In Part III of this Order “act of violence” shall be construed in accordance with article 10(2).

• (3) Any power to give a direction under any provision of this Order includes power to revoke or vary any such direction by a further direction.

• (4) For the purposes of this Order a person is permitted to have access to a restricted zone if he is permitted to enter that zone or if arrangements exist for permitting any of his employees or agents to enter that zone.

Extraterritorial application and extent

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• (1) This Order applies outside the United Kingdom only where jurisdiction is conferred by article 30 or 38 of the international articles.

• (2) This Order extends to Northern Ireland.

• (3) In this article “the international articles” has the same meaning as in the Channel Tunnel (International Arrangements) Order 1993[^f00004] and in articles 30 and 38 of the international articles the expression “the Fixed Link” has for the purposes of this Order the meaning given in article 2(3) of that Order.

PART II — OFFENCES AGAINST THE SAFETY OF CHANNEL TUNNEL TRAINS AND THE TUNNEL SYSTEM

Hijacking of Channel Tunnel trains

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• (2) A person who unlawfully, by the use of force or by threats of any kind, seizes a Channel Tunnel train or exercises control of it, commits the offence of hijacking a Channel Tunnel train.

• (2) A person guilty of the offence of hijacking a Channel Tunnel train is liable on conviction on indictment to imprisonment for life.

Seizing or exercising control of the tunnel system

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• (2) A person who unlawfully, by the use of force or by threats of any kind, seizes the tunnel system or exercises control of if, commits an offence.

• (2) A person guilty of an offence under this article is liable on conviction on indictment to imprisonment for life.

Destroying a Channel Tunnel train or the tunnel system or endangering their safety

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• (2) A person commits an offence if he unlawfully and intentionally—

• (a) destroys a Channel Tunnel train or the tunnel system, or destroys any goods on the train or within the tunnel system so as to endanger or be likely to endanger, the safe operation of the train, or as the case may be, the safety of the tunnel system;

• (b) damages a Channel Tunnel train or any goods on the train or the tunnel system or any goods within the system so as to endanger, or to be likely to endanger, the safe operation of the train, or as the case may be, the safety of the tunnel system; or

• (c) commits on board a Channel Tunnel train or within the tunnel system an act of violence which is likely to endanger the safe operation of the train, or as the case may be, the safety of the tunnel system.

• (2) A person commits an offence if he unlawfully and intentionally places, or causes to be placed, on a Channel Tunnel train or in the tunnel system any device or substance which—

• (a) in the case of a Channel Tunnel train is likely to destroy the train, or is likely so to damage it or any goods on it as to endanger its safe operation, or

• (b) in the case of the tunnel system, is likely to destroy the tunnel system or so to damage it as to endanger its safety.

• (3) Nothing in paragraph (2) above shall be construed as limiting the circumstances in which the commission of any act—

• (a) may constitute an offence under paragraph (1) above, or

• (b) may constitute attempting or conspiring to commit, or aiding, abetting, counselling, procuring or inciting, or being art and part in, the commission of such an offence.

• (4) A person guilty of an offence under this article is liable on conviction on indictment to imprisonment for life.

• (5) In this article “act of violence” means an act which constitutes—

• (a) the offence of murder, attempted murder, manslaughter, culpable homicide or assault,

• (b) an offence under section 18, 20, 21, 22, 23, 24, 28 or 29 of the Offences against the Person Act 1861[^f00005] or

• (c) an offence under section 2 of the Explosive Substances Act 1883[^f00006], or

which if committed in England and Wales, Scotland or Northern Ireland would constitute such an offence.

Other acts endangering or likely to endanger the safe operation of a Channel Tunnel train or the safety of the tunnel system

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• (2) It is an offence for any person unlawfully and intentionally—

• (a) to destroy or damage any property to which this paragraph applies, or

• (b) to interfere with the operation of any such property,

where the destruction, damage or interference is likely to endanger the safe operation of any Channel Tunnel train or the safety of the tunnel system.

• (2) Paragraph (1) above applies to any property used in connection with the operation of any Channel Tunnel train or the tunnel system, including any land, building or works, train, apparatus or equipment so used, whether it is on board a Channel Tunnel train or, as the case may be, within the tunnel system, or elsewhere.

• (3) It is an offence for any person intentionally to communicate any information which he knows to be false in a material particular, where the communication of the information endangers the safe operation of any Channel Tunnel train or the safety of the tunnel system.

• (4) It is a defence for a person charged with an offence under paragraph (3) above to prove that when he communicated the information, he was lawfully employed to perform duties which consisted of or included the communication of information and that he communicated the information in good faith in performance of those duties.

• (5) A person guilty of an offence under this article is liable on conviction on indictment to imprisonment for life.

Offences involving threats

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• (2) A person commits an offence if—

• (a) in order to compel any other person to do or abstain from doing any act, he threatens that he or some other person will do in relation to any Channel Tunnel train or the tunnel system an act which is an offence by virtue of article 6(1) of this Order, and

• (b) the making of that threat is likely to endanger the safe operation of the train or, as the case may be, the safety of the tunnel system.

• (2) A person commits an offence if—

• (a) in order to compel any other person to do or abstain from doing any act, he threatens that he or some other person will do an act which is an offence by virtue of article 7(1) of this Order, and

• (b) the making of the threat is likely to endanger the safe operation of any Channel Tunnel train or the safety of the tunnel system.

• (3) A person guilty of an offence under this article is liable on conviction on indictment to imprisonment for life.

Prosecution of offences and proceedings

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• (2) Proceedings for an offence under any provision of this Part of this Order shall not be instituted—

• (a) in England and Wales, except by, or with the consent of, the Attorney General, and

• (b) in Northern Ireland, except by, or with the consent of, the Attorney General for Northern Ireland.

• (2) As respects Scotland, for the purposes of conferring on the sheriff jurisdiction to entertain proceedings for an offence under or by virtue of this Part of this Order, any such offence shall, without prejudice to any jurisdiction exercisable apart from this paragraph, be deemed to have been committed in any place in Scotland where the offender may for the time being be.

PART III — PROTECTION OF CHANNEL TUNNEL TRAINS AND THE TUNNEL SYSTEM AGAINST ACTS OF VIOLENCE

General Purposes

Purposes to which Part III applies

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• (2) The purposes to which this Part of this Order applies are the protection against acts of violence—

• (a) of Channel Tunnel trains, and of persons or property on board such trains,

• (b) of the tunnel system, of such persons as are at any time present in any part of the tunnel system and of such property as forms part of the tunnel system or is at any time (whether permanently or temporarily) in any part of the tunnel system,

• (c) of any property used in connection with the operation of any Channel Tunnel train or the tunnel system including any land, building or works, train or other vehicle, apparatus or equipment so used whether it is on board a Channel Tunnel train or elsewhere, and

• (d) of any goods to be carried on a Channel Tunnel train or any property used in connection with such goods, including any land, building or works, train or other vehicle, apparatus or equipment so used, whether it is on board a Channel Tunnel train or elsewhere.

• (2) In this Part of this Order “act of violence” means any act (whether actual or potential) which either—

• (a) being an act done in Great Britain, constitutes, or

• (b) if done in Great Britain, would constitute,

the offence of murder, attempted murder, manslaughter, culpable homicide or assault, or an offence under section 18, 20, 21, 22, 23, 24, 28 or 29 of the Offences against the Person Act 1861, under section 2 of the Explosive Substances Act 1883 or under section 1 of the Criminal Damage Act 1971[^f00007] or, in Scotland, the offence of malicious mischief.

Powers of the Secretary of State

Powers of the Secretary of State to require information

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• (1) The Secretary of State may, by notice in writing served on any of the following persons—

• (a) the owner, operator or train manager of any Channel Tunnel train,

• (b) the Concessionaires,

• (c) any person who carries on operations in the tunnel system,

• (d) any person permitted to have access to a restricted zone for the purposes of the activities of any business carried on by him, and

• (e) the owner, occupier or manager of any property used in connection with the operation of any Channel Tunnel train or the tunnel system including any land, building or works, train or other vehicle, apparatus or equipment so used whether it is on board a Channel Tunnel train or, as the case may be, within the tunnel system or elswhere,

require that person to provide the Secretary of State with such information specified in the notice as the Secretary of State may require in connection with the exercise by the Secretary of State of his functions under this Part of this Order.

• (2) A notice under paragraph (1) above shall specify a period before the end of which the information required by the notice in accordance with paragraph (1) above is to be furnished to the Secretary of State.

• (3) Any such notice may also require the person on whom it is served, after he has furnished to the Secretary of State the information required by the notice in accordance with paragraph (1) above, to inform the Secretary of State if at any time the information previously furnished to the Secretary of State (including any information furnished in pursuance of a requirement imposed by virtue of this paragraph) is rendered inaccurate by any change of circumstances (including the taking of any further measures for purposes to which this Part of this Order applies or the alteration or discontinuance of any measures already being taken).

• (4) In so far as such a notice requires further information to be furnished to the Secretary of State in accordance with paragraph (3) above, it shall require that information to be furnished to him before the end of such period ... as is specified in the notice for the purposes of this paragraph.

• (5) A notice may be served under this article on a person appearing to the Secretary of State to be about to become such a person as is mentioned in paragraph (1) above, but a notice served on a person by virtue of this paragraph shall not take effect until he becomes a person so mentioned and, in relation to the notice so served, the preceding provisions of this article shall apply with the necessary modifications.

• (6) Any person who—

• (a) without reasonable excuse, fails to comply with a requirement imposed on him by a notice under this article, or

• (b) in furnishing any information so required, makes a statement which he knows to be false in a material particular, or recklessly makes a statement which is false in a material particular,

commits an offence.

• (7) A person guilty of an offence under paragraph (6) above is liable—

• (a) on summary conviction, to a fine not exceeding the statutory maximum;

• (b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or to both.

• (8) A notice served on a person under paragraph (1) above may at any time—

• (a) be revoked by a notice in writing served on him by the Secretary of State, or

• (b) be varied by a further notice under paragraph (1) above.

Designation of restricted zones

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• (1) The Concessionaires may, and shall if so requested in writing by the Secretary of State, apply to the Secretary of State for the designation of the whole or any part of the tunnel system as a restricted zone for the purposes of this Part of this Order.

• (2) The owner, occupier or manager of any land, building or works used in connection with the operation of any Channel Tunnel train or the tunnel system may, and shall if so requested in writing by the Secretary of State, apply to the Secretary of State for the designation of the whole or any part of the land, building or works as a restricted zone for the purposes of this Part of this Order.