The Channel Tunnel (International Arrangements and Miscellaneous Provisions) (Amendment) Order 2020

EXPLANATORY NOTE

(This note is not part of the Order)

Articles 2 to 5 of this Order amend the Channel Tunnel (International Arrangements) Order 1993 (S.I. 1993/1813). Article 4 provides that acts or omissions in relation to officers of the French Republic taking place in the United Kingdom which would constitute offences under a frontier control enactment are to be treated as having taken place in relation to officers of the United Kingdom. The other amendments to that Order update and omit some out of date legislative references in that Order.

Articles 6 to 13 of, this Order amend the Channel Tunnel (Miscellaneous Provisions) Order 1994 (S.I. 1994/1405) (“the 1994 Order”). This is mainly to implement 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 (“the quadripartite agreement”) 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 (“the tripartite articles”).

The Schedule to this Order substitutes Schedule 2 to the 1994 Order by setting out the tripartite articles and the attached protocol as amended by the quadripartite agreement.

Article 9(5)(a) corrects an error in the 1994 Order made by an amendment contained in the Data Protection Act 2018 (c.12).

Article 10(1) to (3) amends the 1994 Order to provide that acts or omissions in relation to officers of the French Republic or the Kingdom of Belgium taking place in the United Kingdom which would constitute offences under a frontier control enactment are to be treated as having taken place in relation to officers of the United Kingdom. Paragraph (4) of that article then amends those amendments to apply to acts or omissions taking place in relation to officers of a Designated State from the time the quadripartite agreement comes into force (see article 1(2) and (3)).

Article 14 makes consequential amendments to other Orders and article 15 revokes the Channel Tunnel (Miscellaneous Provisions) (Amendment) Order 2014 (S.I. 2014/409).

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sectors is foreseen.