The Channel Tunnel (Emergency Medical Services) Order 1991

Statutory Instruments

1991 No. 577

CHANNEL TUNNEL

The Channel Tunnel (Emergency Medical Services) Order 1991

Made

8th March 1991

Laid before Parliament

11th March 1991

Coming into force

1st April 1991

The Secretary of State for Health, in exercise of the powers conferred on him 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 Medical Services) Order 1991 and shall come into force on 1st April 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 services in an emergency, the National Health Service Act 1977(2) and the National Health Service and Community Care Act 1990(3) and subordinate legislation and other instruments made under those Acts shall apply as if—

(a) the tunnel system were part of England and, in particular, of the local 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) there were inserted—

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

William Waldegrave

Secretary of State for Health

8th March 1991

Explanatory Note

(This note is not part of the Order)

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

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

The Order also amends section 5(2B) of the 1977 Act (which specifies particular cases in which functions may be exercised outside England and Wales) by providing that, in relation to such need, the Secretary of State’s functions include the function of taking a patient outside the tunnel 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 by section 9(1) of the Health and Social Security Act 1984 (c. 48).

(3)

1990 c. 19.