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(This note is not part of the Order)
This Order amends the Channel Tunnel (International Arrangements) Order 1993 (the “1993 Order”) to implement the Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Republic of France on Implementation of the Cyclamen Device in the French Terminal of the Channel Tunnel Situated in Coquelles signed in London on 10th May 2012 (the “2012 Agreement”).
The 2012 Agreement and the provisions of this Order will enable the screening of vehicles, their contents and passengers to detect the illicit importation of radiological and nuclear materials at the French Channel Tunnel port of Coquelles.
Article 4 amends article 4 of the 1993 Order to provide that security control enactments shall extend to France within the tunnel system for the purpose of enabling officers belonging to the United Kingdom to carry out security controls (the “tunnel system” is defined in section 1(7) of the Channel Tunnel Act 1987). Article 5 inserts the necessary new definitions, including definitions of “security controls” and “security control enactment”, into Schedule 1 to the 1993 Order.
Article 6 amends Schedule 3 to the 1993 Order to provide that a customs officer may, within the tunnel system, exercise any power of arrest conferred by a security control enactment in connection with the carrying out of security controls.
Article 7 requires the Secretary of State to review the operation and effect of this Order and publish a report within five years after it comes into force and within every five years after that. Following a review it will fall to the Secretary of State to consider whether the Order should remain as it is, or be revoked or be amended. A further instrument would be needed to revoke the Order or to amend it.
A full impact assessment has not been produced for this instrument as only a minimal impact on business and the voluntary sector is foreseen.
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