The Channel Tunnel (International Arrangements) Order 1993

Article 7(1)

SCHEDULE 4 U.K. ENACTMENTS MODIFIED

Immigration Act 1971 U.K.

1.—(1) In this paragraph “the 1971 Act” means the Immigration Act 1971(1). U.K.

(2) In section 3 of the 1971 Act (general provision for regulation and control)(2)—

(a) after subsection (4) insert—

“(4A) For the purposes of subsection (4) above a person seeking to leave the United Kingdom through the tunnel system who is refused admission to France shall be treated as having gone to a country outside the common travel area.”; and

(b) after subsection (7) insert—

“(7A) Any reference in an Order in Council under subsection (7) above to embarking or being about to embark shall be construed as including a reference to leaving or seeking to leave the United Kingdom through the tunnel system.”.

(3) In section 4 of the 1971 Act (administration of control)(3) in subsection (2)(b)—

(a) for the words “the United Kingdom by ship or aircraft” substitute “, or seeking to arrive in or leave, the United Kingdom through the tunnel system”; and

(b) for the words after “arrive as” substitute “members of the crews of through trains or shuttle trains”.

(4) In section 8 of the 1971 Act (exceptions for seamen etc.) (4) in subsection (1)—

(a) for the words from “of a ship” to “its crew” substitute “of a through train or shuttle train under an engagement requiring him to leave within seven days as a member of the crew of that or another such train”; and

(b) for the words “departure of the ship or aircraft” substitute “departure of the through train or shuttle train”.

(5) In section 11 of the 1971 Act (construction of references to entry etc.)—

(a) in subsection (1)—

(i) for the words “by ship or aircraft” substitute “through the tunnel system”, and

(ii) for the words from “he disembarks” to “immigration officer” substitute—

“(a) he leaves any control area designated under paragraph 26 of Schedule 2 to this Act, or

(b) he remains on a through train after it has ceased to be such a control area”;

(b) omit subsections (2) and (3); and

(c) in subsection (4) omit the words after “section 1(3)”.

F1 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) In section 24 of the 1971 Act (illegal entry and similar offences)(5)—

(a) in subsection (1)(f) for the words from “disembarks” to “aircraft” substitute “leaves a train in the United Kingdom”; and

(b) in subsection (1)(g) for the word “embarks” substitute “leaves or seeks to leave the United Kingdom through the tunnel system”.

[F2 (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”.]

(9) In section 27 of the 1971 Act (offences by persons connected with ships etc.)—

(a) in paragraph (a)—

(i) for the words “captain of a ship or aircraft” substitute “train manager of a through train or shuttle train”, and

(ii) in sub—paragraph (i) for the word “disembark” substitute “leave the train”;

(b) in paragraph (b)—

(i) for the words “as owner or agent of a ship or aircraft” substitute “as, or as agent of, a person operating an international service”,

(ii) in sub—paragraph (i) for the words from “the ship” to “port of entry” substitute “a through train to stop at a place other than a terminal control point [F3 or an international station]”; and

(c) in paragraph (c)—

[F4 (i) for the words “as a person” to “port” substitute “as an occupier or person concerned with the management of a terminal control point or of an international station”,]

(ii) for the words “the embarkation or disembarkation of passengers” substitute “persons arriving or seeking to arrive in, or leaving or seeking to leave, the United Kingdom through the tunnel system” [F5 ; and

(d) in paragraph (ca) for the words “as a person” to “port” substitute “as an occupier or person concerned with the management of a terminal control point or of an international station”.]

[F6 (9A) In section 28A of the 1971 Act (arrest without warrant), in subsection (3) after the words “immigration officer” insert “or a constable”.]

(10) In section 33 of the 1971 Act (interpretation)(6)—

(a) in subsection (1)—

(i) omit the definitions of “airport” and “port”,

(ii) in the definition of “crew” after the word “captain,” insert “and in relation to a through train or a shuttle train, means all persons on the train who are actually employed in its service or working, including the train manager,”, and

(iii) in the definition of “illegal entrant” after the words “unlawfully entering or seeking” insert “(whether or not he has arrived in the United Kingdom)”; and

[F7 (b) in subsection (3) for the words “ports of entry for purposes of this Act” substitute “international stations for purposes of this Act shall be such railway stations as may from time to time be designated by order of the Secretary of State”.]

(11) In Schedule 2 to the 1971 Act (administrative provisions as to control on entry etc.)(7)—

(a) in paragraph 1(4) and where first occurring in paragraph 1(5) for the words “ship oraircraft” substitute “through train or shuttle train”;

(b) in paragraph 1(5) for the words after “vehicle” substitute

“which—

(a) is in a control zone in France within the tunnel system, or

(b) has arrived in, or is seeking to leave, the United Kingdom through the tunnel system.”;

(c) in paragraph 2(1) for the words from “in the United Kingdom” to “seeking to enter the United Kingdom)” substitute “, or who are seeking to arrive, in the United Kingdom through the tunnel system”;

(d) [F8 after paragraph 2(1) insert—

“(1A) The power conferred by sub-paragraph (1) is exercisable—

(a) as respects persons who have arrived in the United Kingdom, in a control area, and

(b) as respects persons seeking to arrive in the United Kingdom (who may first be questioned to ascertain whether they are seeking to do so), in a control zone in France or Belgium, or in a supplementary control zone in France.”];

(e) in paragraph 2(3) [F9 after the words “further examination” insert “(or, if examined by an immigration officer in a supplementary control zone, may be required to submit to a [F10 further examination before or after arrival] in the United Kingdom)” and]—

(i) for the words “crew of a ship or aircraft” substitute “crew of a through train or shuttle train”,

(ii) after the words “joining a ship or aircraft” insert “or a shuttle train or through train”, and

(iii) after the words “intended ship or aircraft” insert “or train”;

[F11 (ea) [F12 after paragraph 2A(1) insert—

“(1A) This paragraph also applies to a person who seeks to arrive in the United Kingdom and who is in a control zone in France or Belgium, or in a supplementary control zone in France.”, and after paragraph 2A(5) insert—

“(5A) A person examined by an immigration officer under this paragraph in a supplementary control zone may be required to submit to a [F13 further examination before or after arrival] in the United Kingdom.”];

(eb) in paragraph 2A(6)—

(i) [F14 after the words “sub-paragraph (5)” insert “or sub-paragraph (5A)”, and] for the words “crew of a ship or aircraft” substitute “crew of a through train or shuttle train”;

(ii) after the words “joining a ship or aircraft” insert “or a shuttle train or through train”; and

(iii) after the words “intended ship or aircraft”, insert “or train”;]

(f) in paragraph 3(1) and (2) for the words “embarking or seeking to embark in the United Kingdom” substitute “leaving or seeking to leave the United Kingdom through the tunnel system”;

[F15 (g) in paragraph 5—

(i) in sub-paragraph (a) for the words “passengers disembarking” to “such passengers” substitute “persons arriving in or leaving or seeking to arrive in or leave the United Kingdom through the tunnel system, or any class of such persons”,

(ii) in sub-paragraph (b) for the words “passengers embarking” to “such passengers” substitute “persons leaving or seeking to leave the United Kingdom through the tunnel system, or any class of such persons”, and

(iii) for the words “the owners or agents of ships and aircraft to supply such cards to those passengers” substitute “persons operating international services to supply such cards to those persons”.]

[F16 (ga) in paragraph 5B–

(i) in sub-paragraph (1)(a) for the words “an owner or agent of a ship or aircraft” substitute “a person operating, or a person acting as agent of a person operating, an international service”, and

(ii) in sub-paragraph (1)(b) for the words “a person concerned in the management of a port” substitute “an occupier of, or a person concerned with the management of a terminal control point or of an international station”, and

(iii) in sub-paragraph (2)(a) for the words “the port” substitute “the terminal control point or the international station”.]

(h) in paragraph 8(1)—

(i) after the words “in the United Kingdom” insert “through the tunnel system”, and

(ii) for the words after “sub—paragraph (2) below” substitute

“give the person operating the international service by which he arrived (“the carrier”) directions requiring the carrier—

(a) to remove him from the United Kingdom through the tunnel system; or

(b) to make arrangements for his removal from the United Kingdom in any ship or aircraft specified or indicated in the directions to a country or territory so specified, being either—

(i) a country of which he is a national or citizen; or

(ii) a country or territory in which he has obtained a passport or other document of identity; or

(iii) the country from which he departed for the United Kingdom; or

(iv) a country or territory to which there is reason to believe he will be admitted.”;

(i) after paragraph 8(1) insert—

“(1A) Where a person seeking to arrive in the United Kingdom through the tunnel system is refused leave to enter and is then in a control zone in France within the tunnel system, an immigration officer may give the Concessionaires directions requiring them to secure that the person is taken out of the control zone to a place where he may be accepted back by the competent French authorities as provided in Article 18 of the international articles.”;

(j) in paragraph 8(2)(8)—

(i) for the words [F17 “sub-paragraph (1)(b) or (c)”] substitute “sub—paragraph (l)”, and

(ii) for the words “the owners or agents in question” substitute “the carrier”;

(k) [F18 in paragraph 9(1)] for the words after “an immigration officer” substitute

“may—

(a) if the illegal entrant has arrived in the United Kingdom, give such directions in respect of him as in a case within sub—paragraph (1) of paragraph 8 above are authorised by that sub—paragraph, or

(b) if the illegal entrant is in a control zone in France within the tunnel system, give such directions in respect of him as in a case within sub—paragraph (1A) of paragraph 8 above are authorised by that sub—paragraph.”;

(l) in paragraph 10(1)—

(i) omit the words from “either” to “or (b)”,

(ii) for the words “owners or agents of any ship or aircraft” substitute “person operating the international service by which he arrived”, and

(iii) for the words “paragraph 8(1)(c)” substitute “paragraph 8(1)”;

(m) in paragraph 11 after the words “ship or aircraft” insert “or through train or shuttle train”;

(n) in paragraph 13 omit sub—paragraph (1) and in sub—paragraph (2)—

(i) for the words “crew of a ship or aircraft, and either” substitute “crew of a through train or shuttle train, and”,

(ii) omit the words from “or (B)” to “do so”, and

(iii) for the words after “an immigration officer may” substitute—

“(a) give the train manager of the train in which that person (“the crew member”) arrived directions requiring the train manager to remove him from the United Kingdom in that train; or

(b) give the person operating the international service on which that train is engaged directions requiring that person to remove the crew member from the United Kingdom in any train specified or indicated in the directions, being a train engaged on that international service; or

(c) give that person directions requiring him to make arrangements for the removal of the crew member from the United Kingdom in any ship or aircraft or through train or shuttle train specified in the directions to a country or territory so specified, being either—

(i) a country of which he is a national or citizen; or

(ii) a country or territory in which he has obtained a passport or other document of identity; or

(iii) the country from which he departed for the United Kingdom; or

(iv) a country or territory in which he was engaged as a member of the crew of the through train or shuttle train in which he arrived in the United Kingdom; or

(v) a country or territory to which there is reason to believe he will be admitted.”;

(o) in paragraph 15 after the words “ship or aircraft” insert “or through train or shuttle train”;

(p) in paragraph 16—

(i) in sub—paragraph (2) for the words “his removal in pursuance of” substitute “the taking of any action in respect of him required by”,

(ii) for sub—paragraph (3) substitute—

“(3) A person may under the authority of an immigration officer be removed for detention under this paragraph—

(a) from a vehicle in a control zone in the tunnel system in France; or

(b) from a train or vehicle in which he arrives in the United Kingdom through the tunnel system.”

, and

(iii) after sub—paragraph (4) insert—

“(5) Where a person has under paragraph 11 or 15 above been placed on a through train or shuttle train sub—paragraph (4) of this paragraph has effect with the substitution—

(a) for the word “captain”, wherever occurring, of the words “train manager”; and

(b) for the words “ship or aircraft”, wherever occurring, of the word “train”; and

(c) for the word “disembarking”, of the words “leaving the train.”; ”

(q) in paragraphs 19(1) and 20(1) for the words “owners or agents of the ship or aircraft in” substitute “person operating the international service by”; F19 ...

(r) for paragraphs 26 and 27 substitute—

“26.— (1) Persons operating international services shall not, without the approval of the Secretary of State, arrange for any through train to stop for the purpose of enabling passengers to leave it except at a terminal control point [F20 or an international station].

(2) The Secretary of State may from time to time give written notice to persons operating international services designating all or any through trains as control areas while they are within any area in the United Kingdom specified in the notice or while they constitute a control zone.

(3) The Secretary of State may from time to time give written notice designating a control area—

(a) to the Concessionaires as respects any part of the tunnel system in the United Kingdom or of a control zone within the tunnel system in France, or

(b) to any occupier or person concerned with the management of a terminal control point in the United Kingdom [F20 or of an international station].

(4) A notice under sub—paragraph (2) or (3) above may specify conditions and restrictions to be observed in a control area, and any person to whom such a notice is given shall take all reasonable steps to secure that any such conditions or restrictions are observed.

[F21 27.— ( 1) The train manager of a through train or shuttle train arriving in the United Kingdom—

(a) shall take such steps as may be necessary to secure that persons, other than members of the crew who may lawfully enter the United kingdom by virtue of section 8(1) of this Act, do not leave the train except in accordance with any arrangements approved by an immigration officer; and

(b) where persons are to be examined by an immigration officer on the train, shall take such steps as may be necessary to secure that they are ready for examination.

(2) The Secretary of State may by order require, or enable an immigration officer to require, the train manager of a through train or shuttle train or a person operating an international service or his agent to supply—

(a) a passenger list showing the names and nationality or citizenship of passengers arriving or leaving on board the train; and

(b) particulars of members of the crew of the train.

(3) An order under sub-paragraph (2) may relate—

(a) to all through trains or shuttle trains arriving or expected to arrive in the United Kingdom;

(b) to all through trains or shuttle trains leaving or expected to leave the United Kingdom.

(4) An order under sub-paragraph (2)—

(a) may specify the time at which or period during which information is to be provided,

(b) may specify the form and manner in which information is to be provided,

(c) shall be made by statutory instrument, and

(d) shall be subject to annulment in pursuance of a resolution of either House of Parliament.”].

[F22 (s) In paragraph 27B (passenger information)—

(i) in sub-paragraph (1) for the words “ships or aircraft” substitute “through trains or shuttle trains”;

(ii) in sub-paragraph (2) for the words “owner or agent (“the carrier”) of a ship or aircraft” substitute “person operating an international service or his agent (“the carrier”)”;

(iii) in sub-paragraph (3)(a) for the words “ship or particular aircraft” substitute “train”;

(iv) in sub-paragraph (3)(b) and (c) for the words “ships or aircraft” substitute “trains”; and

(v) in sub-paragraphs (4) and (9) for the words “ship or aircraft”, wherever occurring, substitute “train”; and

[F23 (vi) in sub-paragraph (9A) for “voyage or flight” substitute “international service” and for the words “ship or aircraft” substitute “through train or shuttle train”;]

F24 (t) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) in sub-paragraphs (6), (7) and (9) for the words “ship or aircraft” substitute “through train”.]

(12) In Schedule 3 to the 1971 Act (supplementary provisions as to deportation)(9)—

(a) in paragraph 1(1) after the words “any person” insert “who arrived in the United Kingdom through the tunnel system”;

(b) in paragraph 1(2) after sub—paragraph (b) insert—

“(bb) directions to the person operating the international service by which the person in question arrived (“the carrier”) requiring the carrier to make arrangements for the removal of the person in question through the tunnel system; or”; and

(c) in paragraph 1(4) after the word “voyage” insert “or journey”.

Textual Amendments

F1 Sch. 4 para. 1(6) omitted (30.9.2020) by virtue of The Channel Tunnel (International Arrangements and Miscellaneous Provisions) (Amendment) Order 2020 (S.I. 2020/915), arts. 1(2), 5(3)

F2 Sch. 4 para. 1(8) substituted (30.9.2020) by The Channel Tunnel (International Arrangements and Miscellaneous Provisions) (Amendment) Order 2020 (S.I. 2020/915), arts. 1(2), 5(4)

F3 Words in Sch. 4 para. 1(9)(b)(ii) inserted (1.7.1994) by The Channel Tunnel (Miscellaneous Provisions) Order 1994 (S.I. 1994/1405), art. 1(3)(b), Sch. 4 para. 11

F4 Sch. 4 para. 1(9)(c)(i) substituted (5.8.2014) by The Channel Tunnel (International Arrangements) (Amendment) Order 2014 (S.I. 2014/1814), arts. 1, 2(2)(a)

F5 Sch. 4 para. 1(9)(d) and word inserted (5.8.2014) by The Channel Tunnel (International Arrangements) (Amendment) Order 2014 (S.I. 2014/1814), arts. 1, 2(2)(b)

F6 Sch. 4 para. 1(9A) inserted (25.5.2001) by virtue of The Channel Tunnel (International Arrangements) (Amendment No. 3) Order 2001 (S.I. 2001/1544), arts. 1(2), 6(2)

F7 Sch. 4 para. 1(10)(b) substituted (1.7.1994) by The Channel Tunnel (Miscellaneous Provisions) Order 1994 (S.I. 1994/1405), art. 1(3)(b), Sch. 4 para. 11

F8 Sch. 4 para. 1(11)(d) substituted (25.5.2001) by The Channel Tunnel (International Arrangements) (Amendment No. 3) Order 2001 (S.I. 2001/1544), arts. 1(2), 6(3)

F9 Words in Sch. 4 para. 1(11)(e) inserted (25.5.2001) by The Channel Tunnel (International Arrangements) (Amendment No. 3) Order 2001 (S.I. 2001/1544), arts. 1(2), 6(4)

F10 Words in Sch. 4 para. 1(11)(e) substituted (10.12.2001) by The Channel Tunnel (International Arrangements) (Amendment No. 4) Order 2001 (S.I. 2001/3707), arts. 1(1), 6(1)

F11 Sch. 4 para. 1(11)(ea)(eb) inserted (30.7.2000) by The Channel Tunnel (International Arrangements) (Amendment No. 2) Order 2000 (S.I. 2000/1775), arts. 1, 2(2)

F12 Sch. 4 para. 1(11)(ea) substituted (25.5.2001) by The Channel Tunnel (International Arrangements) (Amendment No. 3) Order 2001 (S.I. 2001/1544), arts. 1(2), 6(5)

F13 Words in Sch. 4 para. 1(11)(ea) substituted (10.12.2001) by The Channel Tunnel (International Arrangements) (Amendment No. 4) Order 2001 (S.I. 2001/3707), arts. 1(1), 6(1)

F14 Words in Sch. 4 para. 1(11)(eb)(i) inserted (25.5.2001) by The Channel Tunnel (International Arrangements) (Amendment No. 3) Order 2001 (S.I. 2001/1544), arts. 1(2), 6(6)

F15 Sch. 4 para. 1(11)(g) substituted (5.8.2014) by The Channel Tunnel (International Arrangements) (Amendment) Order 2014 (S.I. 2014/1814), arts. 1, 2(3)

F16 Sch. 4 para. 1(11)(ga) inserted (5.8.2014) by The Channel Tunnel (International Arrangements) (Amendment) Order 2014 (S.I. 2014/1814), arts. 1, 2(4)

F17 Words in Sch. 4 para. 1(11)(j)(i) substituted (30.9.2020) by The Channel Tunnel (International Arrangements and Miscellaneous Provisions) (Amendment) Order 2020 (S.I. 2020/915), arts. 1(2), 5(5)(a)

F18 Words in Sch. 4 para. 1(11)(k) substituted (30.9.2020) by The Channel Tunnel (International Arrangements and Miscellaneous Provisions) (Amendment) Order 2020 (S.I. 2020/915), arts. 1(2), 5(5)(b)

F19 Word in Sch. 4 para. 1(11) omitted (28.4.2000) by virtue of The Channel Tunnel (International Arrangements) (Amendment) Order 2000 (S.I. 2000/913), arts. 1, 2(2)

F20 Words in Sch. 4 para. 1(11)(r) inserted (1.7.1994) by The Channel Tunnel (Miscellaneous Provisions) Order 1994 (S.I. 1994/1405), art. 1(3)(b), Sch. 4 para. 11

F21 Words in Sch. 4 para. 1(11)(r) substituted (2.1.2008) by The Channel Tunnel (International Arrangements and Miscellaneous Provisions) (Amendment) Order 2007 (S.I. 2007/3579), arts. 1, 2(2)

F22 Sch. 4 para. 1(11)(s)(t) inserted (28.4.2000) by The Channel Tunnel (International Arrangements) (Amendment) Order 2000 (S.I. 2000/913), arts. 1, 2(3)

F23 Sch. 4 para. 1(11)(s)(vi) inserted (2.1.2008) by The Channel Tunnel (International Arrangements and Miscellaneous Provisions) (Amendment) Order 2007 (S.I. 2007/3579), arts. 1, 2(3)

F24 Sch. 4 para. 1(11)(t) omitted (30.9.2020) by virtue of The Channel Tunnel (International Arrangements and Miscellaneous Provisions) (Amendment) Order 2020 (S.I. 2020/915), arts. 1(2), 5(5)(c)

Commencement Information

I1 Sch. 4 para. 1 comes into force at 2.8.1993 (as notified in the London, Edinburgh and Belfast Gazettes dated 6.8.1993), see art. 1

Public Health (Control of Disease) Act 1984 U.K.

2.  In the Public Health (Control of Disease) Act 1984(10), in section 13 (regulations for control of certain diseases)— U.K.

(a) in subsection (1)—

(i) omit the words from “, as respects” to “coastal waters,”,

(ii) in paragraph (b) for the words after “public health” substitute “from through trains or shuttle trains whose journey terminates in the United Kingdom”, and

(iii) in paragraph (c) for the words “vessel or aircraft leaving any place” substitute “through train or shuttle train whose journey begins in the United Kingdom”;

(b) after subsection (2) insert—

“(2A) Regulations made under this section may provide for the Secretary of State from time to time—

(a) to give written notice to persons operating international services designating all or any through trains as control areas while they are within any area in the United Kingdom specified in the notice or while they constitute a control zone; and

(b) to give written notice designating a control area—

(i) to the Concessionaires as respects any part of the tunnel system in the United Kingdom or of a control zone within the tunnel system in France, or

(ii) to any occupier or person concerned with the management of a terminal control point in the United Kingdom or of a place in the United Kingdom which is a customs approved area within the meaning of the Channel Tunnel (Customs and Excise) Order 1990(11) [F25 or of a railway station which is an international station for the purposes of the Immigration Act 1971];

and references in subsections (2B), (3) and (5) below to a control area are to a control area so designated.

(2B) Regulations made under this section may—

(a) provide that a notice given as mentioned in subsection (2A) above may specify conditions and restrictions to be observed in a control area; and

(b) require any person to whom such a notice is given to take all reasonable steps to secure that any such conditions or restrictions are observed.”;

(c) in subsection (3)—

(i) omit paragraph (a),

(ii) for paragraph (b) substitute—

“(b) the questions to be answered in a control area by train managers of through trains and shuttle trains and other persons on such trains, as to cases of epidemic, endemic or infectious disease in the train,”,

(iii) in paragraph (c) for the words “alighting from aircraft to answer” substitute “on or alighting from such trains to answer in a control area”,

(iv) for paragraph (d) substitute—

“(d) the detention of such trains and of persons on them,”, and

(v) in paragraph (e) for the words after “diseases” substitute “by train managers of and other persons on such trains,”;

(d) in subsection (4) after paragraph (a) insert—

“(aa) may, notwithstanding paragraph (a) above, specify the Secretary of State as an authority, or as the sole authority, by whom they are to be enforced and executed, and”; and

(e) in subsection (5)—

(i) in paragraph (a) after the words “subsection (4)(a)” insert “or (aa)”, and

(ii) for the words “, vessel or aircraft” substitute “and any through train or shuttle train while it is in or constitutes a control area,”.

Textual Amendments

F25 Words in Sch. 4 para. 2(b) inserted (1.7.1994) by The Channel Tunnel (Miscellaneous Provisions) Order 1994 (S.I. 1994/1405), art. 1(3)(b), Sch. 4 para. 11

Commencement Information

I2 Sch. 4 para. 2 comes into force at 2.8.1993 (as notified in the London, Edinburgh and Belfast Gazettes dated 6.8.1993), see art. 1

[F26 Terrorism Act 2000] U.K.

Textual Amendments

F26 Sch. 4 para. 3 substituted (19.2.2001) by The Channel Tunnel (International Arrangements) (Amendment) Order 2001 (S.I. 2001/178), arts. 1, 4

[F27 3.— (1) The Terrorism Act 2000 is modified as follows. U.K.

(2) Schedule 7 is modified in accordance with paragraphs (3) to (15).

(3) In paragraph 1—

(a) for sub-paragraph (2) substitute—

“(2) In this Schedule, “port” includes a railway station or other place where—

(a) persons embark or disembark, or

(b) goods are loaded or unloaded,

on or from a through train or shuttle train.”;

(b) in sub-paragraph (3), for “ship or aircraft” substitute “ through train or shuttle train ”, in both places where it occurs.

(4) In paragraph 2—

(a) in sub-paragraph (2), omit—

(i) in paragraph (a), “or in the border area”;

(ii) in paragraph (b), “or in the area”;

(iii) in paragraph (b), the words from “or Northern Ireland” to the end;

(b) in sub-paragraph (3)—

(i) for “ship or aircraft” substitute “ through train or shuttle train ”;

(ii) omit “or Northern Ireland”, in both places where it occurs;

(c) after sub-paragraph (3) insert—

“(3A) An examination under sub-paragraph (1) may be commenced in a train during the period when it is a control area.”

(5) Omit paragraphs 3 and 4.

[F28 (6) In paragraphs 5, 5A and 6A, omit “or 3” in each place it appears.]

(7) In paragraph 6—

(a) in the opening words, omit “or 3”;

(b) in sub-paragraph (1), for “vehicle” substitute “ through train or shuttle train ”;

(c) in sub-paragraph (2), for “ship, aircraft or vehicle” substitute “ through train or shuttle train ”.

(8) In paragraph 7, for “ship or aircraft” substitute “ through train or shuttle train ”, in each place where it occurs.

(9) In paragraph 8—

(a) for “ship or aircraft” substitute “ through train or shuttle train ”, in each place where it occurs;

(b) omit sub-paragraph (2).

(10) In paragraph 9—

(a) in sub-paragraph (2)—

(i) in paragraph (a) omit “or Northern Ireland”;

(ii) in paragraph (a) for “ship or vehicle” substitute “ through train or shuttle train ”;

(iii) omit paragraph (b);

(b) omit sub-paragraphs (2A) and (2B);

(c) in sub-paragraph (2C), omit paragraph (b);

(d) in sub-paragraph (4)—

(i) for “ship or aircraft” substitute “ through train or shuttle train ”;

(ii) omit paragraph (c).

(11) Omit paragraph 12.

(12) In paragraph 13—

(a) in sub-paragraph (1)—

(i) in the opening words, for “ships or aircraft” substitute “ through trains or shuttle trains ”;

(ii) in sub-paragraph (1)(a), for “United Kingdom” substitute “ Tunnel System ”;

(b) in sub-paragraph (2), for “ship or aircraft” substitute “ through train or shuttle train ”, in each place where it occurs.

(13) For paragraph 14 substitute—

“14— (1) The Secretary of State may from time to time give written notice to persons operating international services designating all or any through trains as control areas while they are within any area in the United Kingdom specified in the notice or while they constitute a control zone.

(2) The Secretary of State may from time to time give written notice designating a control area—

(a) to the Concessionaires as respects any part of the tunnel system in the United Kingdom or of a control zone within the tunnel system in France or Belgium, or

(b) to any occupier or person concerned with the management of a terminal control point in the United Kingdom.

(3) A notice under sub-paragraph (1) or (2) above may specify facilities to be provided and conditions and restrictions to be observed in a control area, and any persons to whom such a notice is given is to take all reasonable steps to secure that any such facilities, conditions or restrictions are provided or observed.”

(14) Omit paragraphs 15, 16 and 17.

(15) Omit the Table of Designated Ports.

(16) In Schedule 14 (exercise of officers' powers), in [F29 paragraph 5], after “this Act”, in each place where it occurs, insert “ or the Channel Tunnel (International Arrangements) Order 1993 ”.]

Textual Amendments

F27 Sch. 4 para. 3 substituted (13.8.2020) by Counter-Terrorism and Border Security Act 2019 (c. 3), s. 27(2)(d), Sch. 4 para. 21(1) (with Sch. 4 para. 21(2)); S.I. 2020/792, reg. 2(i)

F28 Sch. 4 para. 3(6) substituted (30.9.2020) by The Channel Tunnel (International Arrangements and Miscellaneous Provisions) (Amendment) Order 2020 (S.I. 2020/915), arts. 1(2), 5(6)(a)

F29 Words in Sch. 4 para. 3(16) substituted (30.9.2020) by The Channel Tunnel (International Arrangements and Miscellaneous Provisions) (Amendment) Order 2020 (S.I. 2020/915), arts. 1(2), 5(6)(b)

[F30 Immigration, Asylum and Nationality Act 2006 U.K.

Textual Amendments

F30 Sch. 4 para. 3A inserted (2.1.2008) by The Channel Tunnel (International Arrangements and Miscellaneous Provisions) (Amendment) Order 2007 (S.I. 2007/3579), arts. 1, 2(4)

3A.   In the Immigration, Asylum and Nationality Act 2006— U.K.

(a) in section 32 (passenger and crew information: police powers)—

(i) in subsection (1) for “ships and aircraft” substitute “through trains and shuttle trains”;

(ii) in subsections (2) and (3) for “owner or agent of a ship or aircraft” substitute “person operating an international service or his agent”;

(iii) in subsection (5)(a)(iii) for “a voyage or flight” substitute “an international service”; and

(iv) in subsection (6)(b) for “ships or aircraft” substitute “through trains or shuttle trains”;

(b) in section 34 (offence) the reference to section 32 includes a reference to that provision as modified by paragraph (a);

(c) in section 36 (duty to share information)—

(i) in subsection (4) for “ship or aircraft”, wherever occurring, substitute “through train or shuttle train”; and

(ii) in subsection (4) for “flights or voyages” substitute “international services”;

(d) in section 37 (information sharing: code of practice) the references to section 36 include references to that provision as modified by paragraph (c);

F31 (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f) in section 39 (disclosure to law enforcement agencies) the reference to section 32 includes a reference to that provision as modified by paragraph (a).]

Textual Amendments

F31 Sch. 4 para. 3A(e) omitted (30.9.2020) by virtue of The Channel Tunnel (International Arrangements and Miscellaneous Provisions) (Amendment) Order 2020 (S.I. 2020/915), arts. 1(2), 5(7)

[F32 THE IMMIGRATION (LEAVE TO ENTER AND REMAIN) ORDER 2000 U.K.

Textual Amendments

F32 Sch. 4 para. 4 inserted (30.7.2000) by The Channel Tunnel (International Arrangements) (Amendment No. 2) Order 2000 (S.I. 2000/1775), arts. 1, 2(3)

[F33 4.   In the Immigration (Leave to Enter and Remain) Order 2000— U.K.

(a) in article 4(2)—

(i) 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”;

(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”;

[F34 (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) in article 4(3)—

(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”; and

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

[F35 (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”.]

(c) in article 6(2)(a) 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”.]]

Textual Amendments

F33 Sch. 4 para. 4 substituted (25.5.2001) by The Channel Tunnel (International Arrangements) (Amendment No. 3) Order 2001 (S.I. 2001/1544), arts. 1(2), 7

F34 Sch. 4 para. 4(aa)(ab) inserted (30.9.2020) by The Channel Tunnel (International Arrangements and Miscellaneous Provisions) (Amendment) Order 2020 (S.I. 2020/915), arts. 1(2), 5(8)(a)

F35 Sch. 4 para. 4(ba) inserted (30.9.2020) by The Channel Tunnel (International Arrangements and Miscellaneous Provisions) (Amendment) Order 2020 (S.I. 2020/915), arts. 1(2), 5(8)(b)

[F36 The Immigration (European Economic Area) Regulations [F37 2006]] U.K.

Textual Amendments

F36 Sch. 4 para. 5 inserted (10.12.2001) by The Channel Tunnel (International Arrangements) (Amendment No. 4) Order 2001 (S.I. 2001/3707), arts. 1(1), 7

F37 Word in Sch. 4 para. 5 heading substituted (2.1.2008) by The Channel Tunnel (International Arrangements and Miscellaneous Provisions) (Amendment) Order 2007 (S.I. 2007/3579), arts. 1, 2(5)

F38 5.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

Textual Amendments

F38 Sch. 4 para. 5 omitted (31.12.2020) by virtue of The Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (Consequential, Saving, Transitional and Transitory Provisions) (EU Exit) Regulations 2020 (S.I. 2020/1309), regs. 1(2), 26(2) (with reg. 26(3))

[F39 5A.   In regulation 6(1A) of the Immigration (Provision of Physical Data) Regulations 2006 (Process by which an individual’s fingerprints and photograph may be obtained and recorded), after the words “arrival in the United Kingdom” insert “or entry into the control zone in France, Belgium or the Netherlands, or a supplementary control zone in France, seeking to arrive in the United Kingdom through the tunnel system”.] U.K.

Textual Amendments

F39 Sch. 4 para. 5A inserted (27.3.2025) by The Immigration (Biometric Information etc.) (Amendment) Regulations 2025 (S.I. 2025/382), regs. 1(2), 24

[F40 UK Borders Act 2007 U.K.

Textual Amendments

F40 Sch. 4 para. 6 inserted (16.4.2015) by The Channel Tunnel (International Arrangements) and Channel Tunnel (Miscellaneous Provisions) (Amendment) Order 2015 (S.I. 2015/856), arts. 1, 4

6.— (1) In the UK Borders Act 2007 in section 2 (detention)— U.K.

(a) in subsection (1)—

(i) omit “in England, Wales or Northern Ireland”;

(ii) omit “or Article 26(1), (2) or (3) of the Police and Criminal Evidence (Northern Ireland) Order 1989 (SI 1989/1341 (NI 12))”;

(iii) after paragraph (a), insert—

(aa) might be liable to arrest by a constable under section 24(1), (2) or (3) of the Police and Criminal Evidence Act 1984 if the act or omission had taken place in England, or”;

(b) omit subsection (1A);

(c) in subsection (2)(a) after “constable” insert “, an officer belonging to the French Republic or an officer belonging to the Kingdom of Belgium”;

(d) in subsection (2)(d) after “constable”, in each place where it appears, insert “, the officer belonging to the French Republic or the officer belonging to the Kingdom of Belgium”;

(e) omit subsection (5).

(2) In the UK Borders Act 2007 in section 4 (interpretation of “port”)—

(a) for subsection (1) substitute, “In section 2 “port” means a terminal control point or an international station.”;

(b) in subsection (2) for “ship or aircraft”, in each place where it appears, substitute “train”.]

[F41 Counter-Terrorism and Border Security Act 2019 U.K.

Textual Amendments

F41 Sch. 4 para. 7 inserted (12.2.2019 for specified purposes, 13.8.2020 in so far as not already in force) by Counter-Terrorism and Border Security Act 2019 (c. 3), s. 27(1)(g), Sch. 3 para. 63(1) (with s. 25(9), Sch. 3 para. 63(2)); S.I. 2020/792, reg. 2(g)

7— (1) Schedule 3 to the Counter-Terrorism and Border Security Act 2019 (border security) is modified as follows. U.K.

(2) In paragraph 1—

(a) in sub-paragraph (2) omit—

(i) “or in the border area”, in both places where it occurs;

(ii) “or Northern Ireland”, where it occurs in paragraph (b)(i);

(iii) paragraph (b)(ii);

(b) in sub-paragraph (3)—

(i) for “ship or aircraft” substitute “ through train or shuttle train ”;

(ii) omit “or Northern Ireland”, in both places where it occurs;

(c) after sub-paragraph (3) insert—

“(3A) An examination under sub-paragraph (1) may be commenced in a train during the period when it is a control area.”

(3) Omit paragraph 2.

(4) In paragraph 4—

(a) in sub-paragraph (1), for “vehicle” substitute “ through train or shuttle train ”;

(b) in sub-paragraph (2), for “ship, aircraft or vehicle” substitute “ through train or shuttle train ”;

(c) omit sub-paragraph (4).

(5) In paragraph 7, for “ship or aircraft”, in each place where it occurs, substitute “ through train or shuttle train ”.

(6) In paragraph 8—

(a) in sub-paragraph (1), for “ship or aircraft”, in each place where it occurs, substitute “ through train or shuttle train ”;

(b) omit sub-paragraph (2).

(7) In paragraph 9—

(a) in sub-paragraph (2)—

(i) in paragraph (a) omit “or Northern Ireland”;

(ii) in paragraph (a) for “ship or vehicle” substitute “ through train or shuttle train ”;

(iii) omit paragraph (b);

(b) omit sub-paragraphs (3) and (4);

(c) in sub-paragraph (5), omit paragraph (b);

(d) in sub-paragraph (6)—

(i) for “ship or aircraft” substitute “ through train or shuttle train ”;

(ii) omit paragraph (b).

(8) Omit paragraph 63.

(9) In paragraph 64—

(a) in sub-paragraph (4) omit the references to “ship” and “vehicle” and for “an airport and a hoverport” substitute “ a railway station or other place where persons embark or disembark, or goods are loaded or unloaded, on or from a through train or shuttle train (as the case may be) ”;

(b) in sub-paragraph (5), for “ship or aircraft”, in both places, substitute “ through train or shuttle train ”;

(c) omit sub-paragraph (6).

(10) In the following provisions, omit “or 2”—

(a) paragraph 3;

(b) paragraph 4(1);

(c) paragraph 5(1);

(d) paragraph 6;

(e) paragraph 31(2) and (8);

(f) paragraph 52(4) and (6);

(g) paragraph 55(1)(a) and (2).

(11) In the following provisions, after “this Schedule” insert “ or the Channel Tunnel (International Arrangements) Order 1993 ”

(a) paragraph 56(1) and (2) (in each place where the words occur);

(b) paragraph 59(1);

(c) paragraph 61.]

(1)

1971 c. 77.

(2)

Section 3 was amended by the British Nationality Act 1981 (c. 61), section 39(3) and (6) and Schedule 4 paragraphs 2 and 4, and by the Immigration Act 1988 (c. 14), sections 3(1) and 10 and Schedule, paragraph 1.

(3)

Section 4 was amended by the British Nationality Act 1981, section 39(6) and Schedule 4 paragraph 2.

(4)

Section 8 was amended by the British Nationality Act 1981, section 39(4) and (6) and Schedule 4 paragraphs 2 and 5, and by the Immigration Act 1988, section 4.

(5)

Section 24 was amended by the British Nationality Act 1981, section 39(6) and Schedule 4 paragraph 2, and by the Immigration Act 1988, sections 6 and 10 and Schedule paragraph 10(3).

(6)

Section 33 was amended by the British Nationality Act 1981, section 39(6) and Schedule 4 paragraphs 2, 3(2) and 7, and by the Immigration Act 1988, section 10 and Schedule paragraph 5.

(7)

Schedule 2 was amended by the British Nationality Act 1981, section 39(6) and Schedule 4 paragraphs 2 and 3(1), and by the Immigration Act 1988, section 10 and Schedule paragraphs 6 to 10.

(8)

Paragraph 8(2) was amended by the Immigration Act 1988, section 10 and Schedule paragraph 9(1).

(9)

Schedule 3 was amended by the Criminal Justice Act 1982 (c. 48), section 64 and Schedule 10, and by the Immigration Act 1988, section 10 and Schedule paragraph 10(2).

(10)

1984 c. 22.

(11)

S.I. 1990/2167.