The Channel Tunnel (International Arrangements and Miscellaneous Provisions) (Amendment) Order 2020

• Citation: S.I. 2020/915
• Sections: 83

Section 1 Citation and commencement

(1) This Order may be cited as the Channel Tunnel (International Arrangements and Miscellaneous Provisions) (Amendment) Order 2020.

(2) This article and articles 2 to 6, 9(1), (3) and (5)(a) and 10(1) to (3) come into force on 30th September 2020.

(3) The remainder of this Order comes into force on the date, after 30th September 2020, on which the Agreement between the Government of the French Republic, the Government of the Kingdom of Belgium, the Government of the Kingdom of the Netherlands and the Government of the United Kingdom of Great Britain and Northern Ireland amending and supplementing 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 with Protocol, done at Brussels on 15 December 1993, done at Brussels on 7 July 2020 enters into force .

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

The Channel Tunnel (International Arrangements) Order 1993 is amended in accordance with articles 3 to 5.

Section 3 Amendment of article 4

In article 4, in paragraph (1C), for “The Race Relations Act 1976” substitute “The Equality Act 2010 ”.

Section 4 Amendment of article 5

(1) Article 5 is amended as follows.

(2) After paragraph (1) insert—

(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.

(3) In paragraph (1A)—

(a) after “paragraph (1)” insert “or (1ZA)”;

(b) for the words from “the inner London area” to the end substitute “the area comprising the inner London boroughs”;

(4) In paragraph (2), for “paragraphs (1) and (1A)” substitute “paragraphs (1), (1ZA) and (1A)”.

Section 5 Amendment of Schedule 4

(1) Schedule 4 is amended as follows.

(2) Paragraph 1 (modifications to the Immigration Act 1971) is amended in accordance with paragraphs (3) to (6).

(3) Omit sub-paragraph (6)

(4) For sub-paragraph (8) substitute—

(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”.

(5) In sub-paragraph (11)—

(a) in paragraph (j)(i), for ““sub-paragraph (1)(b) or (a)”” substitute ““sub-paragraph (1)(b) or (c)””;

(b) in paragraph (k), for “in paragraph 9” substitute “in paragraph 9(1)”;

(c) omit paragraph (t).

(6) In paragraph 3 (modifications to the Terrorism Act 2000) —

(a) for sub-paragraph (6) substitute—

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

(b) in sub-paragraph (16), for “paragraphs 5 and 6” substitute “paragraph 5”.

(7) In paragraph 3A (modifications to the Immigration, Asylum and Nationality Act 2006), omit sub-paragraph (e).

(8) In paragraph 4 (modifications to the Immigration (Leave to Enter and Remain) Order 2000)—

(a) after sub-paragraph (a) insert—

(aa) in article 4(2B)—

(i) after the words “On arrival in the United Kingdom”, insert “or entry into a control zone in France or Belgium, or a supplementary control zone in France, seeking to arrive in the United Kingdom through the tunnel system”;

(ii) after the words “before arrival”, insert “or entry into the control zone or supplementary control zone”; and

(iii) after the words “arrives in the United Kingdom”, insert “or enters a control zone in France or Belgium, or a supplementary control zone in France, seeking to arrive in the United Kingdom through the tunnel system”;

(ab) in article 4(2D)—

(i) after the words “On arrival in the United Kingdom”, insert “or entry into a control zone in France or Belgium, or a supplementary control zone in France, seeking to arrive in the United Kingdom through the tunnel system”;

(ii) after the words “before arrival”, insert “or entry into the control zone or supplementary control zone”; and

(iii) after the words “date of arrival”, insert “or entry into the control zone or supplementary control zone”;

(b) after sub-paragraph (b) insert—

(ba) in article 4(3B)—

(i) after the words “on arrival in the United Kingdom”, insert “or entry into a control zone in France or Belgium, or a supplementary control zone in France, seeking to arrive in the United Kingdom through the tunnel system”;

(ii) after the words “before arrival”, insert “or entry into the control zone or supplementary control zone”; and

(iii) in sub-paragraph (b), after the words “arrives in the United Kingdom”, insert “or enters the control zone or supplementary control zone”.

(9) In paragraph 5—

(a) for the words before sub-paragraph (a) substitute “In the Immigration (European Economic Area) Regulations 2016 —”;

(b) in sub-paragraph (b)—

(i) for “19(2)” substitute “23(4)”;

(ii) for “regulations 20(4) and (5)” substitute “regulation 24(5)”.

Section 6 Amendment of the Channel Tunnel (Miscellaneous Provisions) Order 1994

The Channel Tunnel (Miscellaneous Provisions) Order 1994 is amended in accordance with articles 7 to 13.

Section 7 Amendment of article 2

(1) Article 2 is amended as follows.

(2) In paragraph (3)—

(a) at the end of sub-paragraph (a) insert “and”;

(b) at the end of sub-paragraph (b) omit “and”; and

(c) omit sub-paragraph (c).

(3) After paragraph (3) insert—

(4) References in paragraph (3)(a) and (b) to the Articles of the Agreement or the Articles of the Protocol respectively are to those Articles as amended by the quadripartite agreement.

(5) In paragraph (4), the “quadripartite agreement” means the Agreement between the Government of the French Republic, the Government of the Kingdom of Belgium, the Government of the Kingdom of the Netherlands and the Government of the United Kingdom of Great Britain and Northern Ireland amending and supplementing 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 with Protocol, done at Brussels on 15 December 1993.

Section 8 Amendment of article 3

(1) Article 3 is amended as follows.

(2) In paragraph (2), for “the Kingdom of Belgium and officers belonging to the French Republic” substitute “a Designated State”.

(3) For paragraph (3) substitute—

(3) Subject to paragraph (4), for the purpose of giving full effect to Articles 17 and 20 of the Part II provisions (accommodation etc. for authorities of a Designated State), 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 to the Agreement.

Section 9 Amendment of article 4

(1) Article 4 is amended as follows.

(2) In paragraph (1), for the words from “extend” to the end of that paragraph substitute “extend to a Designated State within a control zone”.

(3) In paragraph (1A), for “The Race Relations Act 1976” substitute “The Equality Act 2010”.

(4) In paragraph (2), for “Belgium” substitute “a Designated State”.

(5) In paragraph (3)—

(a) for “Belgium” in the first place where it occurs substitute “the United Kingdom”;

(b) for “the Kingdom of Belgium” in the first place where it occurs substitute “a Designated State”;

(c) for “the Kingdom of Belgium” in the second place where it occurs substitute “that Designated State”.

(6) After paragraph (3) insert—

(4) For the purposes of paragraphs (2) and (3), “Designated State” does not include the French Republic.

Section 10 Amendment of article 5

(1) Article 5 is amended as follows.

(2) After paragraph (1) insert—

(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.

(3) In paragraph (2)—

(a) after “paragraph (1)” insert “or (1A)”;

(b) for the words from “the inner London area” to the end substitute “the area comprising the inner London boroughs”;

(c) in paragraph (3), for “(1) and (2)” substitute “(1), (1A) and (2).

(4) In paragraphs (1A)(a) and (1B) (inserted by paragraph (2) above), for “the French Republic or the Kingdom of Belgium” substitute “a Designated State”.

Section 11 Amendment of article 7

(1) Article 7 is amended as follows.

(2) In paragraph (1)—

(a) for “the enactments specified in paragraph (2)” substitute “the frontier control enactments modified by Schedule 4 to the 1993 Order”;

(b) in sub-paragraph (a), for “France and Belgium” substitute “a Designated State”;

(c) after “have effect” insert “, subject to paragraph (1A),”.

(3) After paragraph (1) insert—

(1A) For the purposes of paragraph (1), the modifications referred to in paragraph (1) have effect as if the references—

(a) to a control zone in France or Belgium were to a control zone in a Designated State;

(b) to the competent French authorities were to the competent authorities of a Designated State;

(c) to an officer belonging to the French Republic or an officer belonging to the Kingdom of Belgium were to an officer belonging to a Designated State.

(4) Omit paragraph (2).

Section 12 Amendment of Schedule 1

(1) Schedule 1 is amended as follows.

(2) In the definition of “immigration controls”, for “Belgium and the United Kingdom” substitute “the State of departure and the State of arrival”.

(3) In the definition of “Officers”, after “departure from” insert “the State of departure”.

(4) In the definition of “Train manager”, omit “In relation to a through train or a shuttle train,”.

(5) Omit the definitions of “Administrative Arrangement”, “The Part III provisions” and of “Through train”.

(6) In the appropriate places insert the following definitions—

Section 13 Substitution of Schedule 2

For Schedule 2 substitute the Schedule 2 set out in the Schedule to this Order.

Section 14 Other amendments

(1) In article 2 of the Rabies (Importation of Dogs, Cats and Other Mammals) Order 1974 —

(a) in paragraph (2), for “France or Belgium” substitute “a Designated State”;

(b) after paragraph (2) insert—

(2A) For the purposes of paragraph (2), “Designated State” means the French Republic, the Kingdom of Belgium or the Kingdom of the Netherlands.

(2) In the Channel Tunnel (Customs and Excise) Order 1990 —

(a) in article 2(4), after the definition of “control zone” insert—

“Designated State” means the French Republic, the Kingdom of Belgium or the Kingdom of the Netherlands;

(b) in article 5(2)(b), for “France or Belgium” substitute “a Designated State”;

(c) in paragraphs A1, 1, 8(a), 17B(a) 17C, 18A and 20A of the Schedule, for “France or Belgium”, wherever those words occur, substitute “a Designated State”.

Section 15 Revocation

The Channel Tunnel (Miscellaneous Provisions) (Amendment) Order 2014 is revoked.

Section 1

“Frontier controls” means police, immigration, customs, health, veterinary and phytosanitary, consumer protection, and transport controls, as well as any other controls provided for in national or European Community laws and regulations.

Section 1

This Agreement shall apply to rail traffic between the Contracting Parties in either direction, travelling via the Fixed Link, which passes through France but does not commence or terminate there.

…

Section 1

On board trains, officers of the Contracting Parties may exercise frontier controls in the territory of another Contracting Party, provided the latter has been informed of this in advance and has agreed.

Section 1

Policing matters relating to the rail traffic referred to in paragraph 1 of Article 2 and the combatting of terrorism, organised crime, migrant smuggling and human trafficking may be the subject of special bilateral or multilateral arrangements between all or some of the Contracting Parties, without prejudice to the provisions of this Agreement. Any such arrangements existing at the date this Agreement enters into force shall not be superseded by the provisions of this Agreement and shall continue in effect without modification.

Section 1

In connection with the duties performed by officers of a Contracting Party pursuant to their national law on the network used by trains but within their own territory, such officers shall be authorised to board trains within the territory of another Contracting Party or to disembark therefrom when they have completed their duties, provided that such travel within foreign territory has been notified to the competent authorities of the Host State before the officers leave their national territory.

…

Section 1

Any service weapons or ammunition may only be carried in a Host State subject to separate arrangements being entered into between the relevant Contracting Parties. Any such arrangement shall be notified to all Contracting Parties that are not party to it by the date that it enters into force.

Section 1

In the event that a person is found committing, attempting to commit or just having committed on board a train in the territory of a State one of the following offences: terrorist acts, homicide, rape, arson, armed robbery, kidnapping and hostage taking, or use of explosives, the train must be stopped in order to enable the competent authorities of that State to take any measures relevant to their investigations and, where appropriate, detain the person suspected of having committed the offence.

Section 1

Without prejudice to the other provisions laid down by the Contracting Parties in this Agreement or pursuant to Articles 4 and 14(2) of the Protocol attached as an annex to this Agreement, when an offence is committed on board a train in the territory of one of the Contracting Parties, including within the Fixed Link up to that Contracting Party’s frontier, that Contracting Party shall have jurisdiction.

Section 1

Officers of a Contracting Party who are on board a train on the basis of a provision of this Agreement may, in the territory of another Contracting Party, without prior consent but in compliance with the national law of that Contracting Party regarding the right of persons other than police officers to effect an arrest, hold a person until the arrival of that Contracting Party’s officers, but only to the extent permitted by that Contracting Party’s national law.

Section 1

Each State shall waive any claim which it may have against the other States for compensation in respect of damage caused to its officers or its property.

Section 1

Without prejudice to the other provisions laid down by the Contracting Parties in this Agreement or the Protocol hereto, when a person submits a request for refugee status or any other kind of protection provided for by international law or in the national law of the State of departure during a control carried out at the station of the State of departure by the officers of the State of arrival, this request shall be examined by the authorities of the State of departure in accordance with the rules and procedures of its national law.

Section 1

The laws in force of the Host State shall apply at all times in the control zone. Without prejudice to the application of the provisions of article 18, officers of the Host State have the right to circulate and intervene at any moment within the control zone in order to perform their competences attributed by national law.

Section 1

Each Contracting Party shall, at the time of signing this Agreement, set out in a written declaration which of the following procedures and modalities 3(1)(a) or 3(1)(b) shall apply to the control zones situated in their territory, in their capacity as Host State:

(a) The officers of the other States shall, in exercise of their national powers, be permitted in the control zone situated in the Host State to detain or arrest persons in accordance with the laws and regulations relating to frontier controls of their own State or persons sought by the authorities of their own State. Any person arrested or detained shall be handed over immediately, along with any seized goods, to the competent authorities of the Host State. The Host State shall ensure that the competent authorities are available to receive such a person and to take the necessary measures.

The State whose officers have made the detention or arrest shall, should they wish to transfer the individual in question to their own territory, follow the relevant applicable procedure for making a formal request for such a transfer from the Host State.

However, no person may be held for more than 24 hours in the areas reserved for frontier controls in the Host State. Any such detention shall be subject to the requirements and procedures laid down by the legislation of the State of the officers who have made the detention or arrest.

Or

(b) The officers of the other States shall, in exercise of their national powers, only be permitted in the control zone situated in the Host State to detain or arrest persons for criminal offences during the execution of a border control on persons in accordance with the laws and regulations relating to frontier controls of their own State or persons sought by the authorities of their own State, as follows:

(i) No arrest or detention may be made for a criminal offence for which there is no comparable criminal offence under the domestic legislation of the Host State, such offences to be agreed and set out in a separate bilateral agreement between the Host State and the State of arrival, to be signed at the same time as the written statement to which this Article applies.

(ii) While performing the controls envisaged in article 2, the officers of the State of arrival may require a person to submit to further examination in order to ensure that such a person may be authorised to enter the territory of the State of arrival. Persons required to submit to further examination may bring this examination to an end at any time by discontinuing their wish to enter the territory of the State of arrival. In such a case the person shall be escorted to the officers of the Host State who shall take the necessary measures to submit the person to frontier controls.

(iii) Any person arrested or detained shall be handed over immediately, along with any seized goods, to the competent authorities of the Host State. The Host State shall ensure that the competent authorities are available to receive such a person and to take the necessary measures.

Section 1

The frontier controls of the State of departure shall normally be effected before those of the State of arrival.

Section 1

Where there is information giving rise to suspicion of an infringement, controls may be carried out on animals, animal products, plants, plant products and foodstuffs for human or animal consumption.

Section 1

The controls referred to in Article 9 shall include:

(a) inspection of certificates or accompanying documents, termed documentary inspection;

(b) physical examination, including where necessary the taking of samples;

(c) inspection of means of transport.

Section 1

The authorities of the Host State shall grant the same protection and assistance to officers of the other States, in the exercise of their functions, as they grant to their own officers.

Section 1

Without prejudice to the application of the provisions of Article 23 of the Agreement, claims for compensation for loss, injury or damage caused by or to officers of the other States in the exercise of their functions in the Host State shall be subject to the law and jurisdiction of the State to which those officers belong as if the circumstance giving rise to the claim had occurred in that State.

Section 1

Officers of the other States shall be permitted freely to transfer to their own States sums of money levied on behalf of their Governments in the control zone situated in the Host State, as well as merchandise and other goods seized there.

Section 1

The authorities of each Contracting Party shall use their best endeavours to ensure that the authorities of the other party are able to make use in the Host State of the accommodation, installations and equipment necessary for the performance of their functions.

Section 1

The officers of the other States are empowered to keep order within the accommodation appointed for their exclusive use in the Host State.

Section 1

The officers of the other States, whilst exercising their functions in the Host State shall be authorised to communicate with their national authorities.

…

Section 1A

“Border controls on persons” mean controls carried out to ensure that persons may be authorised to enter or leave the territory of the United Kingdom or the Schengen Area in accordance with the national legislation of the relevant Contracting Party or the Schengen Borders Code, as applicable.”

Section 2

“Fixed Link” means the Channel Fixed Link defined in Article 1 of the Treaty done at Canterbury on 12 February 1986.

Section 2

Each of the Contracting Parties shall designate the authorities or persons having charge of the services which in its territory have responsibility for the exercise of frontier controls and the maintenance of law and order.

…

Section 2

Any such controls may only take place to the extent permitted by the national law of the Contracting Party in whose territory they take place. If national law prohibits or limits the conduct of such controls, the Contracting Party shall make this clear when agreeing or declining permission under paragraph 1 above.

Section 2

Each Contracting Party has the right to recover, from an Operator or other third party, the costs of its own controls.

Section 2

For the purposes set out in paragraph 1 above, the Contracting Parties may also agree, between all or some of them, on other forms of collaboration by their officers, especially within control zones and on board trains. Any such agreement is to be recorded in writing and notified to all affected Contracting Parties.

Section 2

Each Contracting Party shall additionally notify the others of all existing arrangements permitting the carriage of service weapons or ammunition in a Host State to which they are party, by the date on which this Agreement comes into force. These existing arrangements shall not be superseded by the provisions of this Agreement and shall continue in effect without modification.

Section 2

If the train cannot be stopped because it is within the Fixed Link or because it is about to leave the territory of the State in which one of the offences referred to in the preceding paragraph has been committed, authorised officers who are present must take all appropriate interim measures to ensure that, the officers of the State which has jurisdiction under Article 15 are able to interview witnesses, take evidence or receive information relevant to their investigations and, where appropriate, take charge of the person suspected of having committed the offence.

Section 2

If it cannot be ascertained where an offence has been committed, the Contracting Party in whose territory the train makes its first subsequent commercial stop shall have jurisdiction.

Section 2

When they intervene on the basis of paragraph 1, the officers must call the competent authority of the Host State immediately.

Section 2

The provisions of this Article shall not affect in any way the rights of third parties under the laws of each State.

Section 2

The same provision shall be applicable when the request is submitted after the person has passed through this control and before the train doors close at the last scheduled stop at a station located in the territory of the State of departure. If such a request is made after the train doors have closed, it shall be processed by the authorities of the State of arrival in accordance with the rules and procedures of its national law.

Section 2

When performing frontier controls in the Host State, the officers of one Contracting Party shall apply the laws and regulations relating to frontier controls in their State and put them into effect in the control zone situated in the Host State in the same way as in their own territory, under the procedure and modalities as defined in Article 3.