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Channel Tunnel (Fire Services, Immigration and Prevention of Terrorism) Order 1990

As Enacted Cited authorities 11 Cited in Amendments 17 Related
Vincent
JurisdictionUK Non-devolved
CitationSI 1990/2227
Year1990

1990 No. 2227

CHANNEL TUNNEL

The Channel Tunnel (Fire Services, Immigration and Prevention of Terrorism) Order 1990

Made 8th November 1990

Laid before Parliament 9th November 1990

Coming into force 1st December 1990

In exercise of the powers conferred upon me by sections 11 and 13(1) of the Channel Tunnel Act 19871, I hereby make the following Order:

S-1 This Order may be cited as the Channel Tunnel (Fire Services,...

1. This Order may be cited as the Channel Tunnel (Fire Services, Immigration and Prevention of Terrorism) Order 1990 and shall come into force on 1st December 1990.

S-2 For the purpose of enabling functions to be exercised under the...

2.—(1) For the purpose of enabling functions to be exercised under the Fire Services Act 19472(“the 1947 Act”), including the making of such schemes and arrangements as may be made under section 2(1) and (8) and section 12(1) of the 1947 Act, that Act shall have effect—

(a)

(a) in relation to the part of the tunnel system beyond the frontier as if that part formed part of the county of Kent, and

(b)

(b) in relation to the tunnel system as if—

(i) a relevant French authority were a fire authority within the meaning of the 1947 Act, and

(ii) members of a brigade maintained by that authority were members of a brigade maintained in pursuance of that Act.

(2) Where, in connection with the exercise of any functions under the 1947 Act in relation to the tunnel system, a member of a brigade is in transit to or from the tunnel system and is outside the United Kingdom he shall be treated as if he were a member of a brigade employed by a fire authority outside its area under section 3(1)(d) of the 1947 Act.

(3) In paragraph (1) above “a relevant French authority” means a French fire authority which is to exercise functions in relation to the tunnel system.

(4) Section 2(3), (5) and (9) and section 12(2) to (5) of the 1947 Act (functions of the Secretary of State) shall not apply for the purposes of this article.

S-3 The provisions of the Immigration Act 1971 and the Immigration...

3. The provisions of the Immigration Act 19713and the Immigration Act 19884shall have effect subject to the amendments set out in Parts I and II respectively of Schedule 1.

S-4 The provisions of the Prevention of Terrorism (Temporary...

4. The provisions of the Prevention of Terrorism (Temporary Provisions) Act 19895shall have effect subject to the amendments set out in Schedule 2.

David Waddington

One of Her Majesty’s Principal Secretaries of State

Home Office

8th November 1990

SCHEDULE 1

Article 3

SCHEDULE 1

1 amendments of immigration act 1971

PART I

amendments of immigration act 1971

SCH-1.1

1. In section 4(2)(b), after the words “by ship or aircraft” there shall be inserted the words “or through the tunnel system”.

SCH-1.2

2. In section 10(1), after the word “aircraft” in both places where it occurs there shall be inserted the words “or through the tunnel system”.

SCH-1.3

3. After section 11(1) there shall be inserted the following subsection—

SCH-1.1A

“1A A person arriving in the United Kingdom through the tunnel system shall for the purposes of this Act be deemed not to enter the United Kingdom unless and until he has left the tunnel system, and, subject to subsection (1) above, a person who has not otherwise entered the United Kingdom shall be deemed not to do so as long as he is detained, or temporarily admitted or released while liable to detention, under the powers conferred by Schedule 2 to this Act.”.

SCH-1.4

4. In section 27, at the end there shall be inserted the following paragraph—

“(d)

“(d) if, as the Concessionaires,—

(i) they fail, without reasonable excuse, to make arrangements for the removal of a person from the United Kingdom when required to do so by directions given under Schedule 2 to this Act, or

(ii) they fail, without reasonable excuse, to observe any conditions or restrictions notified to them under Schedule 2 to this Act in relation to a control area.”.

SCH-1.5

5. In section 33(1)—

(a) after the definition of “certificate of entitlement” there shall be inserted the following definition—

““Concessionaires” has the same meaning as in the Channel Tunnel Act 1987;”; and

(b) after the definition of “ship”, there shall be inserted the following definition—

““tunnel system” has the same meaning as in the Channel Tunnel Act 1987;”.

SCH-1.6

6. In paragraph 1 of Schedule 2—

(a) in sub-paragraph (4), for the words “or aircraft” there shall be substituted the words “, aircraft or, where it has arrived in, or is seeking to leave, the United Kingdom through the tunnel system, vehicle”; and

(b) in sub-paragraph (5), for the words “or aircraft” in the first place where they occur there shall be subsituted the words “, aircraft or, where it has arrived in , or is seeking to leave, the United Kingdom through the tunnel system, vehicle”.

SCH-1.7

7. In paragraph 2(1) of Schedule 2, for the words “or aircraft” there shall be substituted the words “, aircraft or through the tunnel system”.

SCH-1.8

8. In paragraph 3 of Schedule 2 after the words “United Kingdom”, in both places where they occur, there shall be inserted the words “or leaving or seeking to leave the United Kingdom through the tunnel system.”.

SCH-1.9

9. In paragraph 8(1)(c) of Schedule 2, after the words “owners or agents” there shall...

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