Channel Tunnel Act 1987

Section 43.

SCHEDULE 6U.K. Application of Railway Regulation Enactments

Tunnel system railway to be a “railway” under the M1Regulation of Railways Act 1871U.K.

1U.K.In section 2 of the Regulation of Railways Act 1871 (interpretation of terms), in the definition of “railway” there shall be inserted after the word “Parliament”, where it first occurs, the words “ the Channel Tunnel Act 1987 ”.

Disapplication of enactments in the case of the Concessionaires and through service operatorsU.K.

2U.K.[F1Section] 4 (duty of railway company to make returns of overtime worked by certain employees) F2. . . of the M2Regulation of Railways Act 1889 and the M3Railway Companies (Accounts and Returns) Act 1911 shall not apply to the Concessionaires or to any through service operator.

Extension of enactments in relation to through service operatorsU.K.

3U.K.In the following enactments, the expressions “company” and “railway company” shall be treated as including (in so far as they do not already do so) any through service operator—

Modification of enactments applying to Concessionaires and through service operatorsU.K.

4(1)In their application to—U.K.

(a)the Concessionaires or any through service operator;

(b)any railway of the Concessionaires or any station or other works or premises connected therewith; or

(c)any train of the Concessionaires or any through service operator;

the enactments specified in column (1) of the following table (which create the offences broadly described in column (2) of the table) shall each have effect as if the maximum fine which may be imposed on summary conviction of any offence specified in the enactment were, instead of that specified in column (3) of the table, a fine not exceeding the level specified in column (4) of the table.

(2)In such application—

(a)section 16 of the Act of 1840 shall have effect as if the court had, as an alternative to imposing a fine, the power to award imprisonment for a period not exceeding one month; and

(b)section 17 of the Act of 1842 shall have effect as if, instead of the power to award imprisonment for a period not exceeding two months, the court had power to award imprisonment for a period not exceeding three months; and

(c)section 5(2) of the Act of 1889 (power to arrest passenger who fails to produce ticket and refuses to give his name and address) shall have effect as if after the word “refuses” there were inserted the words “ or fails ”.

Extension of sections 55 and 56 of the M11British Transport Commission Act 1949 in relation to the tunnel system railwayU.K.

5U.K.Sections 55 (penalty for trespass on railways, etc.) and 56 (penalty for stone throwing, etc., on railways) of the British Transport Commission Act 1949 shall apply in relation to any railway, siding, tunnel, railway embankment, cutting or similar work comprised in the tunnel system as they apply in relation to any railway, siding, tunnel, railway embankment, cutting or similar work belonging to [F5a successor of the British Railways Board within the meaning of the M12Railways Act 1993 (Consequential Modifications) (No.2) Order 1999] .

InterpretationU.K.

6U.K.In this Schedule “through service operator” means a person, other than the Concessionaires or the Railways Board, operating services for the carriage of passengers or goods by rail by way of the tunnel system.