The Channel Tunnel (Miscellaneous Provisions) Order 1994

Article 8

SCHEDULE 4AMENDMENTS OF INSTRUMENTS

The Rabies (Importation of Dogs, Cats and Other Mammals) Order 1974

1.  Article 2 of the Rabies (Importation of Dogs, Cats and Other Mammals) Order 1974(1) is amended—

(a)by substituting for paragraph (1A)—

“(1A) In this Order “control zone” includes a control zone within the meaning of the Channel Tunnel (International Arrangements) Order 1993 (2) and a control zone within the meaning of the Channel Tunnel (Miscellaneous Provisions) Order 1994.”; and

(b)in paragraph (2) by inserting after the words “in France” the words “or Belgium”.

The Immigration Appeals (Procedure) Rules 1984

2.—(1) In this paragraph “the 1984 Rules” means the Immigration Appeals (Procedure) Rules 1984(3).

(2) The 1984 Rules are amended by substituting for rule 2(2A)—

“(2A) In these Rules—

• “control zone” includes a control zone within the meaning of the Channel Tunnel (International Arrangements) Order 1993 and a control zone within the meaning of the Channel Tunnel (Miscellaneous Provisions) Order 1994; and “through train” and “shuttle train” have the same meaning as in those Orders.”.

(3) Rule 4(1)(aa) of the 1984 Rules is amended by inserting after the words “in France” the words “or Belgium”.

(4) Rule 6(1) of the 1984 Rules is amended by inserting in the proviso after the words “in France” the words “or Belgium”.

The Prevention of Terrorism (Temporary Provisions) (Places of Detention) Direction 1989

3.  The Prevention of Terrorism (Temporary Provisions) (Places of Detention) Direction 1989(4) is amended—

(a)in article 3(1) by substituting for the definition of “control zone” and other expressions derived from the 1993 Order—

• “control zone” includes a control zone within the meaning of the Channel Tunnel (International Arrangements) Order 1993 (“the 1993 Order”) and a control zone within the meaning of the Channel Tunnel (Miscellaneous Provisions) Order 1994 (“the 1994 Order”); and “through train” and “shuttle train” have the same meaning as in those Orders;”; and

(b)in article 4(2)(bb) by inserting after the words “the 1993 Order” the words “and by the 1994 Order”.

The Channel Tunnel (Customs and Excise) Order 1990

4.  In paragraphs 5 to 8 “the 1990 Order” means the Channel Tunnel (Customs and Excise) Order 1990(5).

5.  Article 2 of the 1990 Order (interpretation) is amended—

(a)in paragraph (3)—

(i)by deleting the expression ““control zone””, and

(ii)by inserting below the expression ““Concessionaires”” the expression ““the international articles””; and

(b)by inserting after paragraph (3)—

“(4) In this Order—

• “control zone” includes, subject to paragraph (5), a control zone within the meaning of the Channel Tunnel (International Arrangements) Order 1993 (“the 1993 Order”) and a control zone within the meaning of the Channel Tunnel (Miscellaneous Provisions) Order 1994 (“the 1994 Order”); and

• “the Part II provisions” has the same meaning as in the 1994 Order.

(5) In the first place in which it occurs in article 3(1), in article 5(2)(a), and in the Schedule to this Order—

(a)in paragraph 7(b)(iii),

(b)in the second place in which it occurs in paragraph 17C, and

(c)in paragraph 22,

• “control zone” has the same meaning as in the 1993 Order.”.

6.  Article 5 of the 1990 Order (time of importation, exportation etc.) is amended by substituting for paragraph (2)(a) and (b)—

“(a)in the case of goods intended to be carried in a shuttle train, when they are taken into a control zone in France within the tunnel system,

(b)in the case of goods carried, while the train constitutes a control zone in France or Belgium, in a through train carrying passengers on a journey intended to end at a place in Great Britain other than London, at the time when officers become authorised under Article 12 of the international Articles or, as the case may be, under Article 5 of the Part II provisions, to begin to carry out controls, and

(c)in any other case, when they cross the frontier.”.

7.  Paragraphs A1, 1, 7(b)(ii), 8(a), 17B(a), 18A, 20A and 25 of the Schedule to the 1990 Order are amended by inserting after the word “France” the words “or Belgium”.

8.  Paragraph 17C of the Schedule to the 1990 Order is amended—

(a)in sub-paragraph (a) by inserting after the word “France”, and

(b)by substituting for the words “within the tunnel system”,

the words “or Belgium”.

The Channel Tunnel (International Arrangements) Order 1993

9.  Article 5 of the 1993 Order is amended—

(a)by inserting after paragraph (1)—

“(1A) Summary proceedings for anything that is by virtue of paragraph (1) an offence triable summarily or triable either way may be taken, and the offence may for all incidental purposes be treated as having been committed, in the county of Kent or in the inner London area as defined in section 2(1)(a) of the Justices of the Peace Act 1979(6).”; and

(b)in paragraph (2) by substituting for the words “paragraph (1)” the words “paragraphs (1) and (1A)”.

10.  Part I of Schedule 3 to the 1993 Order is amended—

(a)by inserting after paragraph 1(2)—

“(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 he were detained for a serious arrestable offence.”;

(b)by substituting for the heading above paragraph 4—

• “Arrested persons arriving in the United Kingdom”; and

  (c)

  by substituting for paragraph 4(1)—

  “(1) Where—

  (a)an arrest falling within Article 39 or 40 of the international articles has been made, and

  (b)the person arrested enters the United Kingdom while under arrest,

  the person arrested shall be taken to a police station.”.

11.  Schedule 4 to the 1993 Order is amended as shown in the Table below.

The Public Health (International Trains) Regulations 1994

12.—(1) In this paragraph “the 1994 Regulations” means the Public Health (International Trains) Regulations 1994(7).

(2) Regulation 2(1) of the 1994 Regulations is amended—

(a)by inserting after the definition of “designated customs approved area”—

““designated international station” means an international station which has been designated as a control area in accordance with regulation 5(c)(iii);”;

(b)by inserting after the definition of “international service”—

““international station” means a railway station which is an international station for the purposes of the Immigration Act 1971;”; and

(c)in the definition of “stopping place” by inserting after the words “a designated terminal control point” the words “or a designated international station”.

(3) Regulation 5 of the 1994 Regulations is amended—

(a)in paragraph (c) by inserting after sub-paragraph (ii)—

“or

(iii)an international station,”; and

(b)by substituting for the words “or that place” the words “, that place or that international station”.

(4) Regulation 6 of the 1994 Regulations is amended—

(a)in paragraph (5) by inserting after the word “enforcement” the word “authority”; and

(b)in paragraph (7) by substituting for the words from “the enforcement authority” to “paragraph (1)” the words “any enforcement authority notified in accordance with paragraph (2)”.

The Immigration (Places of Detention) Direction 1994

13.  Article 2 of the Immigration (Places of Detention) Direction 1994 is amended by substituting for the words from ““Control zone”” to “1993” the words ““control zone” includes a control zone within the meaning of the Channel Tunnel (International Arrangements) Order 1993 and a control zone within the meaning of the Channel Tunnel (Miscellaneous Provisions) Order 1994; “tunnel system” has the same meaning as in those Orders”.