The Channel Tunnel (Emergency Medical Services) (No. 2) Order 1991

This Order supersedes S.I. 1991/577 published on 11th March 1991 and isbeing issued free to all known recipients of that Statutory Instrument.

Statutory Instruments

1991 No. 1236

CHANNEL TUNNEL

The Channel Tunnel (Emergency Medical Services) (No. 2) Order 1991

Made

22nd May 1991

Laid before Parliament

23rd May 1991

Coming into force

23rd May 1991

The Secretary of State for Health, in exercise of the powersconferred by section 11(1) of the Channel Tunnel Act 1987(1), and all other powers enabling him in that behalf,hereby makes the following Order:

Citation and commencement

1.  This Order may be cited as the Channel Tunnel (Emergency MedicalServices)(No. 2) Order 1991 and shall come into force on 23rd May 1991.

Application of enactments etc.

2.  In relation to any need arising anywhere within the tunnel system(whether in England or in France) for the provision of medical servicesin an emergency, the National Health Service Act 1977(2)and the National Health Service and Community Care Act1990(3)and subordinate legislation and other instruments madeunder those Acts shall apply as if—

(a) the tunnel system were part of England and, in particular, of thelocal government district of Dover;

(b) in section 5(2B) of the National Health Service Act 1977 the word“or” after paragraph (b) were omitted, and after paragraph (c) therewere inserted—

“(d) to taking a patient outside the tunnel system (which expressionhas the meaning given in section 1(7) of the Channel Tunnel Act 1987)for the purposes of medical treatment.”.

Revocation of earlier Order

3.  The Channel Tunnel (Emergency Medical Services) Order 1991(4)is hereby revoked.

William Waldegrave

Secretary of State for Health

22nd May 1991

Explanatory Note

(This note is not part of the Order)

This Order revokes the Channel Tunnel (Emergency Medical Services)Order 1991 which contained a technical error. The provisions of thatOrder are remade subject to its correction.

This Order is made under section 11 of the Channel Tunnel Act 1987and relates to the provision of medical services in an emergency inrelation to any need for that provision arising within the tunnelsystem.

The Order applies the National Health Service Act 1977 (“the 1977 Act”) and the National Health Service and Community Care Act 1990 (andsubordinate legislation and other instruments made under those Acts) inrelation to such need as if the tunnel system were part of England andin particular part of Dover District.

The Order also amends section 5(2B) of the 1977 Act (which specifiesparticular cases in which functions may be exercised outside England andWales) by providing that, in relation to such need, the Secretary ofState’s functions include the function of taking a patient outside thetunnel system for the purposes of medical treatment.

(1)

1987 c. 53; see also the meaning of“the appropriate Minister” in section 13(1).

(2)

1977 c. 49; subsection (2B) of section 5 was inserted bysection 9(1) of the Health and Social Security Act 1984 (c. 48).

(3)

1990 c. 19.

(4)

S.I. 1991/577.