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The Channel Tunnel (Miscellaneous Provisions) Order 1994
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Changes over time for: Section 4
Changes to legislation:
The Channel Tunnel (Miscellaneous Provisions) Order 1994, Section 4 is up to date with all changes known to be in force on or before 19 November 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Article 4:
- Sch. 2 Pt. 4 inserted by S.I. 2014/409 art. 3(6) (This S.I. comes into force on the date on which the Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Kingdom of Belgium, Concerning Immigration Controls on Rail Traffic between Belgium and the United Kingdom Using the Channel Fixed Link comes into force)
- Sch. 3 para. 4(a)(za) inserted by S.I. 2021/1196 art. 3(4)(a) (This amendment comes into force on the date 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 comes into force.)
- Sch. 3 para. 6(a)(i)(za) inserted by S.I. 2021/1196 art. 3(6)(a) (This amendment comes into force on the date 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 comes into force.)
- art. 2(3)(d) inserted by S.I. 2014/409 art. 3(2) (This S.I. comes into force on the date on which the Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Kingdom of Belgium, Concerning Immigration Controls on Rail Traffic between Belgium and the United Kingdom Using the Channel Fixed Link comes into force)
- art. 2(4)(5) inserted by S.I. 2020/915 art. 7(3) (This amendment comes into force on the date 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 comes into force.)
- art. 4(1) words substituted by S.I. 2020/915 art. 9(2) (This amendment comes into force on the date 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 comes into force.)
- art. 4(2) words substituted by S.I. 2020/915 art. 9(4) (This amendment comes into force on the date 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 comes into force.)
- art. 4(3) words substituted by S.I. 2020/915 art. 9(5)(b) (This amendment comes into force on the date 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 comes into force.)
- art. 4(3) words substituted by S.I. 2020/915 art. 9(5)(c) (This amendment comes into force on the date 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 comes into force.)
- art. 4(4) inserted by S.I. 2020/915 art. 9(6) (This amendment comes into force on the date 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 comes into force.)
- art. 7(1A) inserted by S.I. 2020/915 art. 11(3) (This amendment comes into force on the date 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 comes into force.)
Changes and effects yet to be applied to the whole Instrument associated Parts and Chapters:
Whole provisions yet to be inserted into this Instrument (including any effects on those provisions):
- Sch. 2 Pt. 4 inserted by S.I. 2014/409 art. 3(6) (This S.I. comes into force on the date on which the Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Kingdom of Belgium, Concerning Immigration Controls on Rail Traffic between Belgium and the United Kingdom Using the Channel Fixed Link comes into force)
- Sch. 3 para. 4(a)(za) inserted by S.I. 2021/1196 art. 3(4)(a) (This amendment comes into force on the date 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 comes into force.)
- Sch. 3 para. 6(a)(i)(za) inserted by S.I. 2021/1196 art. 3(6)(a) (This amendment comes into force on the date 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 comes into force.)
- art. 2(3)(d) inserted by S.I. 2014/409 art. 3(2) (This S.I. comes into force on the date on which the Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Kingdom of Belgium, Concerning Immigration Controls on Rail Traffic between Belgium and the United Kingdom Using the Channel Fixed Link comes into force)
- art. 2(4)(5) inserted by S.I. 2020/915 art. 7(3) (This amendment comes into force on the date 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 comes into force.)
- art. 7(1A) inserted by S.I. 2020/915 art. 11(3) (This amendment comes into force on the date 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 comes into force.)
Application of enactmentsU.K.
4.—(1) All frontier control enactments shall for the purpose of enabling officers belonging to the United Kingdom to carry out frontier controls extend—
(a)to France within a control zone, and
(b)to Belgium within a control zone.
[F1(1A) [F2The Equality Act 2010] shall apply to the carrying out by immigration officers of their functions in a control zone outside the United Kingdom as it applies to the carrying out of their functions within the United Kingdom.]
[F3(2) For the purposes of [F4Article 3 of the UK GDPR and] section 207 of the Data Protection Act 2018 (“the 2018 Act”), data which is processed in a control zone in Belgium, in connection with the carrying out of frontier controls, by an officer belonging to the United Kingdom is to be treated as processed by a controller established in the United Kingdom in the context of the activities of that establishment (and accordingly [F5the UK GDPR and the 2018 Act apply] in respect of such data).
(3) For the purposes of [F6Article 3 of the UK GDPR and] section 207 of the 2018 Act, data which is processed in a control zone in [F7the United Kingdom], in connection with the carrying out of frontier controls, by an officer belonging to the Kingdom of Belgium is to be treated as processed by a controller established in the Kingdom of Belgium in the context of the activities of that establishment (and accordingly [F8the UK GDPR and the 2018 Act do] not apply in respect of such data).]
[F9(4) In this article, “the UK GDPR” has the meaning given in section 3(10) of the Data Protection Act 2018.]
Textual Amendments
F1Art. 4(1A) inserted (14.11.2007) by The Channel Tunnel (Miscellaneous Provisions) (Amendment) Order 2007 (S.I. 2007/2908), arts. 1, 2(3)
F2Words in art. 4(1A) substituted (30.9.2020) by The Channel Tunnel (International Arrangements and Miscellaneous Provisions) (Amendment) Order 2020 (S.I. 2020/915), arts. 1(2), 9(3)
F3Art. 4(2)(3) substituted (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 233 (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g)
F4Words in art. 4(2) inserted (31.12.2020) by The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (S.I. 2019/419), reg. 1(2), Sch. 3 para. 28(2)(a) (with Sch. 3 para. 112); 2020 c. 1, Sch. 5 para. 1(1)
F5Words in art. 4(2) substituted (31.12.2020) by The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (S.I. 2019/419), reg. 1(2), Sch. 3 para. 28(2)(b) (with Sch. 3 para. 112); 2020 c. 1, Sch. 5 para. 1(1)
F6Words in art. 4(3) inserted (31.12.2020) by The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (S.I. 2019/419), reg. 1(2), Sch. 3 para. 28(3)(a) (with Sch. 3 para. 112); 2020 c. 1, Sch. 5 para. 1(1)
F7Words in art. 4(3) substituted (30.9.2020) by The Channel Tunnel (International Arrangements and Miscellaneous Provisions) (Amendment) Order 2020 (S.I. 2020/915), arts. 1(2), 9(5)(a)
F8Words in art. 4(3) substituted (31.12.2020) by The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (S.I. 2019/419), reg. 1(2), Sch. 3 para. 28(3)(b) (with Sch. 3 para. 112); 2020 c. 1, Sch. 5 para. 1(1)
F9Art. 4(4) inserted (31.12.2020) by The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (S.I. 2019/419), reg. 1(2), Sch. 3 para. 28(4) (with Sch. 3 para. 112); 2020 c. 1, Sch. 5 para. 1(1)
Commencement Information
I1Art. 4 comes into force on the date the Agreement enters into force in accordance with art. 1(1)
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