2021 No. 1196
Channel Tunnel

The Channel Tunnel (International Arrangements and Miscellaneous Provisions) (Amendment) Order 2021

Made
Laid before Parliament
Coming into force in accordance with article 1(2) to (4)
The Secretary of State makes the following Order in exercise of the powers conferred by section 11 of the Channel Tunnel Act 19871.

Citation, commencement and extent1.

(1)

This Order may be cited as the Channel Tunnel (International Arrangements and Miscellaneous Provisions) (Amendment) Order 2021.

(2)

This article and article 2 come into force on 1st December 2021.

(3)

Articles 3(1), 3(3)(b) to (d), 3(4)(d) and 3(6)(c) come into force immediately after article 2 comes into force.

(4)

The remainder of this Order 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 20202 enters into force3.

(5)

This Order extends to England and Wales, Scotland and Northern Ireland.

Amendment of the Channel Tunnel (International Arrangements) Order 19932.

(1)

Schedule 3 to the Channel Tunnel (International Arrangements) Order 19934 is amended as follows.

(2)

In paragraph 1—

(a)

in sub-paragraph (2)(b), for “34(2) to (7), (8) and (9)” substitute “34(2) to (9)”;

(b)

in sub-paragraph (3), for “a serious arrestable offence” substitute “an indictable offence”.

(3)

In paragraph 2—

(a)

in sub-paragraph (1)(a), after the words “conferred by”, in the second place they appear, insert “section 24 of”;

(b)

in sub-paragraph (2)(c), for “section 38(1) of the Drug Trafficking Offences Act 1986” substitute “paragraphs 1 and 10 of Schedule 2 to the Proceeds of Crime Act 20025”;

(c)

in sub-paragraph (4), for “sections 24 and 25” substitute “section 24”.

(4)

In paragraph 3—

(a)

in sub-paragraph (2)—

(i)

for “Subject to sub-paragraphs (3) and (4), the” substitute “The”;

(ii)

for “63” substitute “64A”;

(iii)

omit “, or where the arrest was made by a customs officer, a customs office,”;

(iv)

for “or customs office designated under section 35 of the 1984 Act6” substitute “designated under section 35 of the 1984 Act, and section 34(1) to (5E) of the 1984 Act7 shall also apply in such a case.”;

(b)

after sub-paragraph (2), insert—

“(2A)

Subject to sub-paragraph (3), the person arrested, where the arrest was made by a customs officer, shall be treated as if the place where the person is held were for the purposes of the provisions mentioned in paragraph 1(2)(b) above and those of sections 61 to 63 and 63D of the 1984 Act8 a customs office in England, not being a customs office designated under section 35 of the 1984 Act.”.

(c)

in sub-paragraph (3)—

(i)

after “54,”, insert “54A,”;

(ii)

for “64(1) to (6)” substitute “63D”;

(iii)

for “34(2) to (7), (8) and (9)”, substitute “34(2) to (9)”.

(5)

In paragraph 4(6)(c), for “41(1)”, substitute “41(2)”.

(6)

In paragraph 5(9)(c), for “41(1)”, substitute “41(2)”.

(7)

In paragraph 6(9)(c), for “41(1)”, substitute “41(2)”.

Amendment of the Channel Tunnel (Miscellaneous Provisions) Order 19943.

(1)

Schedule 3 to the Channel Tunnel (Miscellaneous Provisions) Order 19949 is amended as follows.

(2)

For paragraph 2, substitute—
“For paragraph 1, substitute—

“Power to assist authorities of a Designated State1.

(1)

Where—

(a)

an officer belonging to a Designated State has in a control zone in the United Kingdom arrested or detained a person as permitted by Article 3(1)(a) or 3(1)(b) of the Part II provisions, and

(b)

such an officer so requests,

a constable or an officer of Revenue and Customs (in this Schedule referred to as a “customs officer”) may make arrangements for the person to be taken into temporary custody.

(2)

A person taken into temporary custody under sub-paragraph (1)—

(a)

shall be treated for all purposes as being in lawful custody, and

(b)

may be taken to a police station or such other place as may be appropriate in the circumstances, and shall in that case be treated as being a person in whose case sections 36(7) and (8), 54 to 56 and 58 of the Police and Criminal Evidence Act 198410 (in this Schedule referred to as “the 1984 Act”), and in the case of a child or young person sections 34(2) to (9) of the Children and Young Persons Act 193311, apply, and

(c)

must be returned, before the end of the period for which the person could in the circumstances be detained in the United Kingdom under Article 3 of Part II of the tripartite articles, to a place where detention under that Article could be resumed.

(3)

Where a person falls to be treated as mentioned in sub-paragraph (2)(b), section 56 of the 1984 Act shall be taken to apply as if the person were detained for an indictable offence.”

(3)

In paragraph 3—

(a)

in the variation made by sub-paragraph (a), for “France or Belgium” substitute “a Designated State”;

(b)

after sub-paragraph (b) insert—

“(baa)

in sub-paragraph (2)(a), omit the words “and where this sub-paragraph applies, the reference in sub-paragraph (1) to a control zone in France shall be construed as including a reference to a supplementary control zone in France,”;

(bab)

omit sub-paragraph (3)(b);”;

(c)

omit sub-paragraph (ba);

(d)

immediately before sub-paragraph (c) insert—

“(bb)

omit sub-paragraph (3B);”;

(e)

for the variation made by sub-paragraph (c), substitute—

“(c)

for sub-paragraphs (4) to (6) substitute—

“(4)

For the purpose of enabling constables to make arrests in a Designated State in the cases described in Article 13 of the tripartite articles, section 24 of the 1984 Act shall extend to all Designated States.

(5)

Where—

(a)

an arrest has been made for an offence of the kind mentioned in Article 12(4) of the Part I provisions, and

(b)

it falls to the competent authorities in a Designated State to determine the exercise of jurisdiction in accordance with Article 15,

the person arrested shall be treated as continuing to be under arrest while in that Designated State until the person is presented to those authorities as required by Article 15(3).

(6)

Where—

(a)

an arrest falling within sub-paragraph (4) or (5) above has been made, and

(b)

the competent authorities in that Designated State determine under Article 15 of the tripartite articles that jurisdiction is to be exercised by the United Kingdom,

the person arrested shall be treated as having continued to be under arrest throughout, even if the person was for some period in the custody of those authorities, and sections 30 and 41 of the 1984 Act12 shall apply accordingly.”.

(4)

In paragraph 4—

(a)

before the variation made by sub-paragraph (a), insert—

“(za)

in the heading, for “France” substitute “a Designated State”;”;

(b)

for the variation made by sub-paragraph (a)(i), substitute—

“(i)

for the words “a control zone in France or in a supplementary control zone in France” substitute “a control zone in a Designated State””;

(c)

for sub-paragraph (a)(ii) substitute—

“(ii)

for the words “held in France” substitute “held in a Designated State”;”;

(d)

omit sub-paragraphs (b) and (d).

(5)

In paragraph 5—

(a)

in the variation made by sub-paragraph (a), for “34(2) to (7), (8) and (9)” substitute “34(2) to (9)”;

(b)

for “Article 11(1)”, wherever it occurs, substitute “Article 15(1)”;

(c)

for “Article 11(2)”, wherever it occurs, substitute “Article 15(2)”.

(6)

In paragraph 6—

(a)

before the variation made by paragraph (a)(i), insert—

“(za)

in the heading before paragraph 5, for “French officers” substitute “officers belonging to a Designated State”;”;

(b)

for the variation made by paragraph (a)(i), substitute—

“(i)

for “the French Republic”, substitute “a Designated State”;”;

(c)

for the variation made by paragraph (a)(ii), substitute—

“(ii)

for the words “the tunnel system or a control zone or supplementary control zone” substitute “a control zone”;”.

(7)

In paragraph 7, for the variation at paragraph (a), substitute—

“(a)

in sub-paragraph (1), for the words “France in the tunnel system or a control zone or supplementary control zone”, substitute “a control zone in a Designated State”;”.

Damian Hinds
Minister of State
Home Office
EXPLANATORY NOTE
(This note is not part of the Order)

Article 2 amends the Channel Tunnel (International Arrangements) Order 1993 (S.I. 1993/1813) to update and omit some legislative references.

Article 3 amends the Channel Tunnel (Miscellaneous Provisions) Order 1994 (S.I. 1994/1405) to allow for the exercise of officers powers in the Netherlands and to update and omit some legislative references.

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.