The Channel Tunnel (Miscellaneous Provisions) Order 1994

• Citation: S.I. 1994/1405
• Sections: 28

Section 1 Citation and commencement

(1) This Order may be cited as the Channel Tunnel (Miscellaneous Provisions) Order 1994 and, except as provided in paragraphs (2) and (3) below, shall come into force on the date on which the Agreement between the Government of the Kingdom of Belgium, the Government of the French Republic and the Government of the United Kingdom of Great Britain and Northern Ireland Concerning Rail Traffic between Belgium and the United Kingdom Using the Channel Fixed Link enters into force. That date will be notified in the London, Edinburgh and Belfast Gazettes.

(2) Article 8 shall, to the extent necessary to give effect to those of the amendments specified in Schedule 4 that are mentioned in paragraph (3) below, come into force on 1st July 1994.

(3) The amendments are—

(a) those specified in paragraphs 6, 8(b), 9, 10 and 12 of Schedule 4, and

(b) those specified in paragraph 11 of Schedule 4 except the amendments to paragraphs 1(11)(d) and 3(b) of Schedule 4 to the 1993 Order .

Section 2 Interpretation

(1) In this Order, except for the purpose of construing the tripartite articles, 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 tripartite articles” means the provisions set out—

(a) in Part I of Schedule 2 (being Articles or parts of Articles of the Agreement mentioned in article 1 above), and

(b) in Part II of Schedule 2 (being Articles or parts of Articles of the Protocol attached to and forming part of that Agreement);

(c) in Part III of Schedule 2 (being Articles or parts of Articles of the Protocol attached to and forming part of the Agreement, as applied by the Administrative Arrangement to immigration controls upon persons travelling on international trains making a commercial stop)

and in the tripartite 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.

Section 3 Application of tripartite articles

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

(a) within a control zone, and

(b) elsewhere for the authorised purposes only.

(2) Subject to paragraph (4), without prejudice to paragraph (1) officers belonging to the Kingdom of Belgium and officers belonging to the French Republic shall to the extent specified in the tripartite articles have rights and obligations and powers to carry out functions in the United Kingdom.

(3) Subject to paragraph (4), for the purpose of giving full effect to Article 17 of the Part II provisions and to Article 17 of the Part III provisions (accommodation, etc., for Belgian authorities) the appropriate Minister may by written notice require any occupier or person concerned with the management of a terminal control point to provide such accommodation, installations and equipment as may be necessary to satisfy requirements determined under Article 16 of the Protocol mentioned in article 2(3)(b) above and under that Article as applied by Article 3 of the Administrative Arrangement (which requires the competent authorities of the Kingdom of Belgium and of the United Kingdom to determine their respective requirements in consultation with one another).

(4) Nothing in this article implies the existence of a control zone in the station of London-Waterloo on British Territory.

Section 4 Application of enactments

(1) All frontier control enactments shall for the purpose of enabling officers belonging to the United Kingdom to carry out frontier controls extend—

(a) to France within a control zone, and

(b) to Belgium within a control zone.

(1A) The Equality Act 2010 shall apply to the carrying out by immigration officers of their functions in a 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 processed in a control zone in Belgium, in connection with the carrying out of frontier controls, by an officer belonging to the United Kingdom is to be treated as processed by a controller established in the United Kingdom in the context of the activities of that establishment (and accordingly the UK GDPR and the 2018 Act 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 processed in a control zone in the United Kingdom , in connection with the carrying out of frontier controls, by an officer belonging to the Kingdom of Belgium is to be treated as processed by a controller established in the Kingdom of Belgium in the context of the activities of that establishment (and accordingly the UK GDPR and the 2018 Act do 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.

Section 5 Application of criminal law

(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,

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

(1A) 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 or the Kingdom of Belgium; 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.

(1B) Section 22 of the UK Borders Act 2007 is modified for the purposes of paragraph (1A) 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 or the Kingdom of Belgium.

(2) Summary proceedings for anything that is by virtue of paragraph (1) or (1A) 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 .

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

(4) 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 11(2) of the Part I provisions, it shall be presumed, unless the contrary is proved, that the court has jurisdiction by virtue of that Article.

Section 6 Powers of officers

Schedule 3 (which contains provision as to powers exercisable by constables and other officers) shall have effect.

Section 7 Enactments modified

(1) Without prejudice to the generality of articles 4(1) and 5(1), the enactments specified in paragraph (2) shall—

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

(b) in their application to the United Kingdom for the authorised purposes,

have effect with modifications the same as those set out in Schedule 4 to the 1993 Order.

(2) The enactments are—

(a) the Immigration Act 1971;

(b) the Public Health (Control of Disease) Act 1984;

(c) the Immigration and Asylum Act 1999;

(d) the Terrorism Act 2000;

(e) the Immigration, Asylum and Nationality Act 2006; and

(f) the UK Borders Act 2007.

(3) Nothing in paragraph (1)(b) implies the presence of a control zone in the station of London-Waterloo on British Territory.

Section 8 Amendments of instruments

The instruments mentioned in Schedule 4 shall have effect with the amendments there specified.

Section 1

Part I of Schedule 3 to the 1993 Order shall, with the variations set out in paragraphs 2 to 7 below, be taken to apply as if it were contained in this Order.

Section 2

Omit paragraph 1.

Section 3

In paragraph 2—

(a) for the words “a control zone in France”, wherever occurring, substitute “a control zone in France or Belgium”;

(b) in sub-paragraph (1)(a) for the words “the 1984 Act” substitute “the Police and Criminal Evidence Act 1984 (in this Schedule referred to as “the 1984 Act”)”; ...

(baa) in sub-paragraph (2)(a), omit the words “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,”;

(bab) omit sub-paragraph (3)(b);

(ba) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(bb) omit sub-paragraph (3B); and

(c) for sub-paragraphs (4) to (6) substitute—

(4) Sub-paragraph (5) applies where—

(a) an arrest has been made for an offence of the kind mentioned in Article 12 of the Part I provisions, and

(b) the person arrested enters France or Belgium (“the State of arrival”) while under arrest.

(5) If jurisdiction is not asserted by the State of arrival, the person arrested shall be treated as having continued to be under arrest throughout, notwithstanding any intervening transfer of custody to a person other than the person who arrested him, and sections 30 and 41 of the 1984 Act shall apply accordingly.

Section 4

In paragraph 3—

(a) in sub-paragraph (1)—

(i) for the words “a control zone in France” substitute “a control zone in France or Belgium”,

(ii) after the words “held in France” insert “or, as the case may be, Belgium”, and

(iii) omit the words after “24 hours”;

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

(c) omit sub-paragraph (3); and

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 5

In paragraph 4—

(a) for sub-paragraphs (1) and (2) substitute—

(1) Where a constable is satisfied that an arrest made outside the United Kingdom on a through train was one falling within Article 13 or 14 of the Part I provisions (persons found committing, attempting to commit or just having committed an offence) he may arrange for the person arrested 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 1984 Act , and in the case of a child or young person section 34(2) to (7), (8) and (9) of the Children and Young Persons Act 1933, apply,

and arrangements must be made for him to be transferred within 24 hours from the time at which he was taken into custody to the State having jurisdiction by virtue of Article 11(1) of the Part I provisions.

(2A) Where an arrest has been made for an offence in respect of which the United Kingdom may have jurisdiction as the State of arrival by virtue of Article 11(2) of the Part I provisions the person arrested shall be taken to a police station.

(2B) The custody officer at the police station to which the person is taken shall consider whether the offence is one in respect of which the United Kingdom has jurisdiction by virtue of Article 11(2) of the Part I provisions and may for that purpose detain the person at the police station for not longer than the permitted period.

(b) in sub-paragraph (3) for the words “48 hours” substitute “24 hours”;

(c) for sub-paragraph (5) substitute—

(5) Where the custody officer reaches the conclusion that the United Kingdom does not have jurisdiction by virtue of Article 11(2) he shall immediately inform the competent authorities of the State appearing to him to have jurisdiction by virtue of Article 11(1) that he has reached that conclusion and shall arrange for the person to be transferred to that State within the permitted period.

(d) in sub-paragraph (6)—

(i) for the words from “determines” to “exercised” substitute “reaches the conclusion that the United Kingdom has jurisdiction by virtue of Article 11(2)”, and

(ii) for the word “determination”, wherever occurring, substitute “conclusion”.”.

Section 6

In paragraph 5—

(a) in sub-paragraph (1)—

(i) after the words “the French Republic” insert “or to the Kingdom of Belgium”, and

(ii) for the words “the tunnel system or a control zone or supplementary control zone” substitute “a control zone”;

(b) in sub-paragraph (2)—

(i) for the word “France” substitute “the State to which he belongs (‘the home State’)”,

(ii) for the words “French authorities” substitute “authorities of the home State”, and

(iii) for the words from “Article 30(2)” to “jurisdiction” substitute “Article 14(2) of the Part II provisions come under the jurisdiction of the home State”;

(c) in sub-paragraph (3) for the words “enter France” substitute “leave the United Kingdom”;

(d) in sub-paragraph (5) for the words “French authorities” substitute “authorities of the home State”;

(e) in sub-paragraph (6) for the words “48 hours” substitute “24 hours”; and

(f) in sub-paragraph (8)—

(i) for the words “French jurisdiction” substitute “the jurisdiction of the home State”,

(ii) for the words “Article 30(2)” substitute “Article 14(2)”,

(iii) for the words “French authorities” substitute “authorities of the home State”, and

(iv) for the word “France” substitute “the home State”.

Section 7

In paragraph 6—

(a) in sub-paragraph (1) for the words “in the tunnel system or” substitute “or Belgium in”;

(b) in sub-paragraph (2)—

(i) for the words “French authorities” substitute “authorities of the State in which the act was performed (‘the State concerned’),”, and

(ii) for the words “Article 30(2) of the international articles” substitute “Article 14(2) of the Part II provisions”;

(c) in sub-paragraph (5) for the words “French authorities” substitute “authorities of the State concerned”;

(d) in sub-paragraph (6) for the words “48 hours” substitute “24 hours”; and

(e) in sub-paragraph (8)—

(i) for the words “French authorities” substitute “authorities of the State concerned”,

(ii) for the words “Article 30(2)” substitute “Article 14(2)”, and

(iii) for the word “France” substitute “the State concerned”.

Section 1 The Rabies (Importation of Dogs, Cats and Other Mammals) Order 1974

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

(a) by substituting for paragraph (1A)—

(1A) In this Order “control zone” includes a control zone within the meaning of the Channel Tunnel (International Arrangements) Order 1993 and a control zone within the meaning of the Channel Tunnel (Miscellaneous Provisions) Order 1994.

(b) in paragraph (2) by inserting after the words “in France” the words “or Belgium”.

Section 2 The Immigration Appeals (Procedure) Rules 1984

(1) In this paragraph “the 1984 Rules ” means the Immigration Appeals (Procedure) Rules 1984 .

(2) The 1984 Rules are amended by substituting for rule 2(2A)—

(2A) In these Rules—

“control zone” includes a control zone within the meaning of the Channel Tunnel (International Arrangements) Order 1993 and a control zone within the meaning of the Channel Tunnel (Miscellaneous Provisions) Order 1994; and “through train” and “shuttle train” have the same meaning as in those Orders.

(3) Rule 4(1)(aa) of the 1984 Rules is amended by inserting after the words “in France” the words “or Belgium”.

(4) Rule 6(1) of the 1984 Rules is amended by inserting in the proviso after the words “in France” the words “or Belgium”.

Section 3 The Prevention of Terrorism (Temporary Provisions) (Places of Detention) Direction 1989

The Prevention of Terrorism (Temporary Provisions) (Places of Detention) Direction 1989 is amended—

(a) in article 3(1) by substituting for the definition of “control zone” and other expressions derived from the 1993 Order—

“control zone” includes a control zone within the meaning of the Channel Tunnel (International Arrangements) Order 1993 (“the 1993 Order”) and a control zone within the meaning of the Channel Tunnel (Miscellaneous Provisions) Order 1994 (“the 1994 Order ”); and “through train” and “shuttle train” have the same meaning as in those Orders;”; and

(b) in article 4(2)(bb) by inserting after the words “the 1993 Order” the words “and by the 1994 Order”.

Section 4 The Channel Tunnel (Customs and Excise) Order 1990

In paragraphs 5 to 8 “the 1990 Order ” means the Channel Tunnel (Customs and Excise) Order 1990 .

Section 5 The Channel Tunnel (Customs and Excise) Order 1990

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

(a) in paragraph (3)—

(i) by deleting the expression ““control zone””, and

(ii) by inserting below the expression ““Concessionaires”” the expression ““the international articles””; and

(b) by inserting after paragraph (3)—

(4) In this Order—

“control zone” includes, subject to paragraph (5), a control zone within the meaning of the Channel Tunnel (International Arrangements) Order 1993 (“the 1993 Order”) and a control zone within the meaning of the Channel Tunnel (Miscellaneous Provisions) Order 1994 (“the 1994 Order”); and

“the Part II provisions” has the same meaning as in the 1994 Order.

(5) In the first place in which it occurs in article 3(1), in article 5(2)(a), and in the Schedule to this Order—

(a) in paragraph 7(b)(iii),

(b) in the second place in which it occurs in paragraph 17C, and

(c) in paragraph 22,

“control zone” has the same meaning as in the 1993 Order.

Section 6 The Channel Tunnel (Customs and Excise) Order 1990

Article 5 of the 1990 Order (time of importation, exportation etc. ) is amended by substituting for paragraph (2)(a) and (b)—

(a) in the case of goods intended to be carried in a shuttle train, when they are taken into a control zone in France within the tunnel system,

(b) in the case of goods carried, while the train constitutes a control zone in France or Belgium, in a through train carrying passengers on a journey intended to end at a place in Great Britain other than London, at the time when officers become authorised under Article 12 of the international Articles or, as the case may be, under Article 5 of the Part II provisions, to begin to carry out controls, and

(c) in any other case, when they cross the frontier.

Section 7 The Channel Tunnel (Customs and Excise) Order 1990

Paragraphs A1, 1, 7(b)(ii), 8(a), 17B(a), 18A, 20A and 25 of the Schedule to the 1990 Order are amended by inserting after the word “France” the words “or Belgium”.

Section 8 The Channel Tunnel (Customs and Excise) Order 1990

Paragraph 17C of the Schedule to the 1990 Order is amended—

(a) in sub-paragraph (a) by inserting after the word “France”, and

(b) by substituting for the words “within the tunnel system”,

the words “or Belgium”.

Section 9 The Channel Tunnel (International Arrangements) Order 1993

Article 5 of the 1993 Order is amended—

(a) by inserting after paragraph (1)—

(1A) Summary proceedings for anything that is by virtue of paragraph (1) 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 inner London area as defined in section 2(1)(a) of the Justices of the Peace Act 1979 .

(b) in paragraph (2) by substituting for the words “paragraph (1)” the words “paragraphs (1) and (1A)”.

Section 10 The Channel Tunnel (International Arrangements) Order 1993

Part I of Schedule 3 to the 1993 Order is amended—

(a) by inserting after paragraph 1(2)—

(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 a serious arrestable offence.

(b) by substituting for the heading above paragraph 4—

“ Arrested persons arriving in the United Kingdom ”; and

by substituting for paragraph 4(1)—

(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.

Section 11 The Channel Tunnel (International Arrangements) Order 1993

Schedule 4 to the 1993 Order is amended as shown in the Table below.

Section 12 The Public Health (International Trains) Regulations 1994

(1) In this paragraph “the 1994 Regulations ” means the Public Health (International Trains) Regulations 1994 .

(2) Regulation 2(1) of the 1994 Regulations is amended—

(a) by inserting after the definition of “designated customs approved area”—

“designated international station” means an international station which has been designated as a control area in accordance with regulation 5(c)(iii);

(b) by inserting after the definition of “international service”—

“international station” means a railway station which is an international station for the purposes of the Immigration Act 1971;

(c) in the definition of “stopping place” by inserting after the words “a designated terminal control point” the words “or a designated international station”.

(3) Regulation 5 of the 1994 Regulations is amended—

(a) in paragraph (c) by inserting after sub-paragraph (ii)—

or

(iii) an international station,

(b) by substituting for the words “or that place” the words “, that place or that international station”.

(4) Regulation 6 of the 1994 Regulations is amended—

(a) in paragraph (5) by inserting after the word “enforcement” the word “authority”; and

(b) in paragraph (7) by substituting for the words from “the enforcement authority” to “paragraph (1)” the words “any enforcement authority notified in accordance with paragraph (2)”.

Section 13 The Immigration (Places of Detention) Direction 1994

Article 2 of the Immigration (Places of Detention) Direction 1994 is amended by substituting for the words from ““Control zone”” to “1993” the words ““control zone” includes a control zone within the meaning of the Channel Tunnel (International Arrangements) Order 1993 and a control zone within the meaning of the Channel Tunnel (Miscellaneous Provisions) Order 1994; “tunnel system” has the same meaning as in those Orders”.