The Channel Tunnel (Safety) (Amendment) Order 2013

• Citation: S.I. 2013/407
• Sections: 2

Section 1 Citation, commencement and extent

(1) This Order may be cited as the Channel Tunnel (Safety) (Amendment) Order 2013.

(2) This Order comes into force on the date on which the regulation of the Intergovernmental Commission to amend the bi-national regulation of the IGC of 24 January 2007 on the safety of the Channel Fixed Link, done on 6th February 2013 (being a regulation drawn up under article 10(3)(e) of the Treaty between the United Kingdom of Great Britain and Northern Ireland and the French Republic concerning the construction and operation by private concessionaires of a Channel fixed link signed at Canterbury on 12th February 1986 ) comes into force, as provided for in article 2 of that regulation.

(3) The Secretary of State shall give notice in the London, Edinburgh and Belfast Gazettes of the date provided for in paragraph (2) .

(4) Subject to paragraph (5) , this Order does not extend to Northern Ireland.

(5) The following provisions extend to Northern Ireland—

(a) article 2(1) , to the extent that it relates to article 2(2) , 2(3) and 2(6) ,

(b) article 2(2) ,

(c) article 2(3), and

(d) article 2(6) .

Section 2 Amendment of the Channel Tunnel (Safety) Order 2007

(1) The Channel Tunnel (Safety) (Order) 2007 is amended as follows.

(2) In article 1(2), omit “Subject to paragraph (3),”, and, for “this”, substitute “This”.

(3) Omit article 1(3).

(4) In article 4(4)—

(a) in sub-paragraph (a), after “52(a) and (b)”, insert “,55A, 55B”, and

(b) in sub-paragraph (b)(i), for “authorisation of rolling stock”, substitute “vehicle authorisation”.

(5) In article 6(1), after “52(a) and (b)”, insert “,55A, 55B”.

(6) Omit article 9.

(7) After article 10 insert—

Review

(11)

(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) In carrying out the review the Secretary of State must, so far as is reasonable, have regard to how Directive 2004/49/ EC of the European Parliament and of the Council on safety on the Community’s railways and amending Council Directive 95/18/EC on the licensing of railway undertakings and Directive 2001/14/EC on the allocation of railway infrastructure capacity and the levying of charges for the use of railway infrastructure and safety certification , and Directive 2008/57/EC of the European Parliament and of the Council on the interoperability of the rail system within the Community (Recast) , are implemented in other member States.

(3) The report must in particular—

(a) set out the objectives intended to be achieved by the regulatory system established 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.

(4) The first report under this article must be published before the end of the period of five years beginning with the day on which the Channel Tunnel (Safety) (Amendment) Order 2013 comes into force.

(5) Subsequent reports under this Order are to be published at intervals not exceeding five years.

(8) For the content of the Schedule, substitute the content of the Schedule to this Order.