The Channel Tunnel (International Arrangements and Miscellaneous Provisions) (Amendment) Order 2020
| Jurisdiction | UK Non-devolved |
| Citation | SI 2020/915 |
| Year | 2020 |
2020 No. 915
Channel Tunnel
The Channel Tunnel (International Arrangements and Miscellaneous Provisions) (Amendment) Order 2020
Made 27th August 2020
Laid before Parliament 1st September 2020
Coming into force in accordance with article 1(2) and (3)
The Secretary of State makes the following Order in exercise of the powers conferred by sections 11 and 34(4) of the Channel Tunnel Act 19871.
Citation and commencement
1.—(1) This Order may be cited as the Channel Tunnel (International Arrangements and Miscellaneous Provisions) (Amendment) Order 2020.
(2) This article and articles 2 to 6, 9(1), (3) and (5)(a) and 10(1) to (3) come into force on 30th September 2020.
(3) The remainder of this Order comes into force on the date, after 30th September 2020, 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 2020 enters into force2.
Amendment of the Channel Tunnel (International Arrangements) Order 1993
2. The Channel Tunnel (International Arrangements) Order 19933is amended in accordance with articles 3 to 5.
Amendment of article 4
3. In article 4, in paragraph (1C), for “The Race Relations Act 1976” substitute “The Equality Act 20104”.
Amendment of article 5
4.—(1) Article 5 is amended as follows.
(2) After paragraph (1) insert—
“1ZA. Any act or omission which—
(a) takes place inside the United Kingdom in a control zone and relates to an officer belonging to the French Republic; and
(b) would constitute an offence under a frontier control enactment if it took place in relation to an officer belonging to the United Kingdom,
shall be treated for the purposes of that enactment as if it were an act or omission which had taken place in relation to an officer belonging to the United Kingdom.
1ZB. Section 22 of the UK Borders Act 20075is modified for the purposes of paragraph (1ZA) so that the reference in subsection (1) of that section to an immigration officer includes a reference to an officer belonging to the French Republic.”.
(3) In paragraph (1A)—
(a)
(a) after “paragraph (1)” insert “or (1ZA)”;
(b)
(b) for the words from “the inner London area” to the end substitute “the area comprising the inner London boroughs”;
(4) In paragraph (2), for “paragraphs (1) and (1A)” substitute “paragraphs (1), (1ZA) and (1A)”.
Amendment of Schedule 4
5.—(1) Schedule 4 is amended as follows.
(2) Paragraph 1 (modifications to the Immigration Act 1971) is amended in accordance with paragraphs (3) to (6).
(3) Omit sub-paragraph (6)
(4) For sub-paragraph (8) substitute—
“8. In section 25C (forfeiture of vehicle, ship or aircraft)—
(a) in subsection (3)—
for “ship or aircraft” wherever those words occur substitute “train”;
at the end of paragraph (d) insert “or”;
omit paragraph (e);
in paragraph (f), for “captain” substitute “the train manager”;
(b) in subsection (4), for paragraphs (a) and (b) substitute “if subsection (5) applies”;
(c) in subsection (5) for “ship or aircraft” in both places, substitute “train”;
(d) omit subsections (6) and (7);
(e) in subsection (8)—
for “, ship or aircraft” substitute “or train”;
for “ship, aircraft” substitute “train”.”.
(5) In sub-paragraph (11)—
(a)
(a) in paragraph (j)(i), for ““sub-paragraph (1)(b) or (a)”” substitute ““sub-paragraph (1)(b) or (c)””;
(b)
(b) in paragraph (k), for “in paragraph 9” substitute “in paragraph 9(1)”;
(c)
(c) omit paragraph (t).
(6) In paragraph 3 (modifications to the Terrorism Act 2000)6—
(a)
(a) for sub-paragraph (6) substitute—
“6. In paragraphs 5, 5A and 6A, omit “or 3” in each place it appears.”.
(b)
(b) in sub-paragraph (16), for “paragraphs 5 and 6” substitute “paragraph 5”.
(7) In paragraph 3A (modifications to the Immigration, Asylum and Nationality Act 2006), omit sub-paragraph (e).
(8) In paragraph 4 (modifications to the Immigration (Leave to Enter and Remain) Order 2000)—
(a)
(a) after sub-paragraph (a) insert—
“(aa)
“(aa) in article 4(2B)—
after the words “On arrival in the United Kingdom”, insert “or entry into a control zone in France or Belgium, or a supplementary control zone in France, seeking to arrive in the United Kingdom through the tunnel system”;
after the words “before arrival”, insert “or entry into the control zone or supplementary control zone”; and
after the words “arrives in the United Kingdom”, insert “or enters a control zone in France or Belgium, or a supplementary control zone in France, seeking to arrive in the United Kingdom through the tunnel system”;
(ab)
(ab) in article 4(2D)—
after the words “On arrival in the United Kingdom”, insert “or entry into a control zone in France or Belgium, or a supplementary control zone in France, seeking to arrive in the United Kingdom through the tunnel system”;
after the words “before arrival”, insert “or entry into the control zone or supplementary control zone”; and
after the words “date of arrival”, insert “or entry into the control zone or supplementary control zone”;”.
(b)
(b) after sub-paragraph (b) insert—
“(ba)
“(ba) in article 4(3B)—
after the words “on arrival in the United Kingdom”, insert “or entry into a control zone in France or Belgium, or a supplementary control zone in France, seeking to arrive in the United Kingdom through the tunnel system”;
after the words “before arrival”, insert “or entry into the control zone or supplementary control zone”; and
in sub-paragraph (b), after the words “arrives in the United Kingdom”, insert “or enters the control zone or supplementary control zone”.”.
(9) In paragraph 5—
(a)
(a) for the words before sub-paragraph (a) substitute “In the Immigration (European Economic Area) Regulations 20167—”;
(b)
(b) in sub-paragraph (b)—
(i) for “19(2)” substitute “23(4)”;
(ii) for “regulations 20(4) and (5)” substitute “regulation 24(5)”.
Amendment of the Channel Tunnel (Miscellaneous Provisions) Order 1994
6. The Channel Tunnel (Miscellaneous Provisions) Order 19948is amended in accordance with articles 7 to 13.
Amendment of article 2
7.—(1) Article 2 is amended as follows.
(2) In paragraph (3)—
(a)
(a) at the end of sub-paragraph (a) insert “and”;
(b)
(b) at the end of sub-paragraph (b) omit “and”; and
(c)
(c) omit sub-paragraph (c).
(3) After paragraph (3) insert—
“4. References in paragraph (3)(a) and (b) to the Articles of the Agreement or the Articles of the Protocol respectively are to those Articles as amended by the quadripartite agreement.
5. In paragraph (4), the “quadripartite agreement” means 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.”.
Amendment of article 3
8.—(1) Article 3 is amended as follows.
(2) In paragraph (2), for “the Kingdom of Belgium and officers belonging to the French Republic” substitute “a Designated State”.
(3) For paragraph (3) substitute—
“3. Subject to paragraph (4), for the purpose of giving full effect to Articles 17 and 20 of the Part II provisions (accommodation etc. for authorities of a Designated State), the appropriate Minister may by written notice require any occupier or person concerned with the management of a terminal control point to provide such accommodation, installations and equipment as may be necessary to satisfy requirements determined under Article 16 of the Protocol to the Agreement.”.
Amendment of article 4
9.—(1) Article 4 is amended as follows.
(2) In paragraph (1), for the words from “extend” to the end of that paragraph substitute “extend to a Designated State within a control zone”.
(3) In paragraph (1A), for “The Race Relations Act 1976” substitute “The Equality Act 2010”.
(4) In paragraph (2), for “Belgium” substitute “a Designated State”.
(5) In paragraph (3)—
(a)
(a) for “Belgium” in the first place where it occurs substitute “the United Kingdom”;
(b)
(b) for “the Kingdom of Belgium” in the first place where it occurs substitute “a Designated State”;
(c)
(c) for “the Kingdom of Belgium” in the second place where it occurs substitute “that Designated State”.
(6) After paragraph (3) insert—
“4. For the purposes of paragraphs (2) and (3), “Designated State” does not include the French Republic.”.
Amendment of article 5
10.—(1) Article 5 is amended as follows.
(2) After paragraph (1) insert—
“1A. Any act or omission which—
(a) takes place inside the United Kingdom in a control zone and relates to an officer belonging to the French Republic or the Kingdom of Belgium; and
(b) would constitute an offence under a frontier control enactment if it took place in relation to an officer belonging to the United Kingdom,
shall be treated for the purposes of that enactment as if it were an act or...
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