The Channel Tunnel (International Arrangements) (Amendment) Order 2012

• Citation: S.I. 2012/1264
• Sections: 7

Section 1 Citation and commencement

(1) This Order may be cited as the Channel Tunnel (International Arrangements) (Amendment) Order 2012.

(2) This Order shall come into force on the day after the date on which 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 comes into force.

(3) That date shall be notified in the London, Edinburgh and Belfast Gazettes.

Section 2 Amendment of the Channel Tunnel (International Arrangements) Order 1993

The Channel Tunnel (International Arrangements) Order 1993 is amended as follows.

Section 3 Amendment of the Channel Tunnel (International Arrangements) Order 1993

In article 2 (interpretation)—

(a) in paragraph (1), after “supplementary articles” insert “or the 2012 Agreement”;

(b) at the end insert—

(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.

Section 4 Amendment of the Channel Tunnel (International Arrangements) Order 1993

In article 4 (application of enactments)—

(a) after paragraph (1A) insert—

(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.

(b) after sub-paragraph (a) of paragraph (2) omit “or” and after sub-paragraph (b) insert—

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,

Section 5 Amendment of the Channel Tunnel (International Arrangements) Order 1993

Insert the following definitions into Schedule 1 (expressions defined) in the appropriate places—

An Act, or an instrument made under an Act, for the time being in force, which contains provision relating to security controls

Section 6 Amendment of the Channel Tunnel (International Arrangements) Order 1993

(1) Schedule 3 is amended as follows.

(2) In paragraph 2(3)—

(a) after “a customs officer may” insert “(a)”; and

(b) at the end insert—

;

(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.

(3) In paragraph 3(3)(a), after “(3)” insert “(a) or (b)”.

Section 7 Review

(1) The Secretary of State must from time to time—

(a) carry out a review of this Order,

(b) set out the conclusions of the review in a report, and

(c) publish the report.

(2) The report must in particular—

(a) set out the objectives intended to be achieved by this Order,

(b) assess the extent to which those objectives are achieved, and

(c) assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved with a system that imposes less regulation.

(3) The first report under this article must be published before the end of the period of five years beginning with the day on which this Order comes into force.

(4) Reports under this article are afterwards to be published at intervals not exceeding five years.