[^key-e0f5ae41f09e6170863468d663c7b0f1]: Sch. 3 Pt. 1 incorporated (with modifications) (1.12.1997) by The Channel Tunnel (Miscellaneous Provisions) Order 1994 (S.I. 1994/1405), art. 1(1), Sch. 3 (as amended (coming into force in accordance with art. 1(3)(4) of the amending S.I.) by S.I. 2021/1196, art. 3)

[^key-8bbc9691c84345e2412999b88d2ae798]: Word in Sch. 3 para. 4(6)(c) substituted (1.12.2021) by The Channel Tunnel (International Arrangements and Miscellaneous Provisions) (Amendment) Order 2021 (S.I. 2021/1196), arts. 1(2), 2(5)

[^key-5122d630c1bc4603d378920e7cff6491]: Word in Sch. 3 para. 5(9)(c) substituted (1.12.2021) by The Channel Tunnel (International Arrangements and Miscellaneous Provisions) (Amendment) Order 2021 (S.I. 2021/1196), arts. 1(2), 2(6)

[^key-1b9f53b240a259e1d8f8f23d7916f7a7]: Word in Sch. 3 para. 6(9)(c) substituted (1.12.2021) by The Channel Tunnel (International Arrangements and Miscellaneous Provisions) (Amendment) Order 2021 (S.I. 2021/1196), arts. 1(2), 2(7)

[^key-86877ee7a774c2c774efe3766f72b0b0]: Sch. 4 para. 5A inserted (27.3.2025) by The Immigration (Biometric Information etc.) (Amendment) Regulations 2025 (S.I. 2025/382), regs. 1(2), 24

Arrested persons arriving in the United Kingdom

THE IMMIGRATION (LEAVE TO ENTER AND REMAIN) ORDER 2000

4

In the Immigration (Leave to Enter and Remain) Order 2000—

(a) in article 4(2)—

(i) 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”;

(ii) after the words “before arrival”, insert “or entry into the control zone or supplementary control zone”; and

(iii) after the words “date of arrival”, insert “or entry into the control zone or supplementary control zone”;

(aa) in article 4(2B)—

(i) 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”;

(ii) after the words “before arrival”, insert “or entry into the control zone or supplementary control zone”; and

(iii) 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) in article 4(2D)—

(i) 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”;

(ii) after the words “before arrival”, insert “or entry into the control zone or supplementary control zone”; and

(iii) after the words “date of arrival”, insert “or entry into the control zone or supplementary control zone”;

(b) in article 4(3)—

(i) 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”; and

(ii) after the words “before arrival”, insert “or entry into the control zone or supplementary control zone”; and

(ba) in article 4(3B)—

(i) 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”;

(ii) after the words “before arrival”, insert “or entry into the control zone or supplementary control zone”; and

(iii) in sub-paragraph (b), after the words “arrives in the United Kingdom”, insert “or enters the control zone or supplementary control zone”.

(c) in article 6(2)(a) 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”.

Code of practice for authorised officers under the Terrorism Act 2000

6A

The code of practice for authorised officers under the Terrorism Act 2000 is amended—

(a) in paragraph 3, by inserting after the words—

“Port” has the same meaning as in Schedule 7 of the Act

the words—

but, by virtue of the Channel Tunnel (International Arrangements) (Amendment No. 2) Order 2001, also includes a railway station or other place where— (a) persons embark or disembark; or (b) goods are loaded or unloaded, on or, as the case may be, from a through train or shuttle train within the meaning of article 2(1) of the Channel Tunnel (International Arrangements) Order 1993

, and

(b) in paragraph 10, by inserting after the words “includes an airport and a hoverport” the words—

and, by virtue of the Channel Tunnel (International Arrangements) (Amendment No. 2) Order 2001, includes a railway station or other place where— (a) persons embark or disembark; or (b) goods are loaded or unloaded, on or, as the case may be, from a through train or shuttle train within the meaning of article 2(1) of the Channel Tunnel (International Arrangements) Order 1993.

Application of supplementary articles

3A

(1) The supplementary articles shall have the force of law in the United Kingdom within a supplementary control zone.

(2) Subject to paragraph (4), without prejudice to paragraph (1), officers belonging to the French Republic who are responsible for immigration controls shall to the extent specified in the supplementary articles have rights and obligations and powers to carry out functions in the United Kingdom.

(3) Subject to paragraph (4), for the purpose of enabling the authorities of the French Republic to make use in the United Kingdom of the accommodation, installations and equipment necessary for the performance of their functions under the supplementary articles, the Secretary of State for the Home Department may by written notice require any occupier or person concerned with the management of a terminal control point to provide free of charge such accommodation, installations and equipment as may be necessary to satisfy requirements determined by the authorities of the French Republic in consultation with the authorities of the United Kingdom.

(4) Nothing in this article implies the existence of a supplementary control zone in the station of London-Waterloo on British Territory.

Application of enactments

Application of criminal law

Persons boarding a through train

5A

For the purposes of the exercise of any power of an immigration officer in a supplementary control zone in France, any person who seeks to board a through train shall be deemed to be seeking to arrive in the United Kingdom through the tunnel system.

Powers of officers and supplementary controls

Enactments modified

Amendments of enactments and instruments

Repeals and revocations

SCHEDULE 2A — SUPPLEMENTARY ARTICLES

Article 1

Any terms defined in Article 1 of the Protocol signed at Sangatte have the same meaning in this Additional Protocol. For the purposes of this Additional Protocol, the following definitions shall be added:

“State of departure” means the State in which the persons board the train;

“State of arrival” means the State in which the persons alight from the train.

Article 2

The authorities of the two States shall jointly put in place control bureaux, for persons using through trains and wishing to travel to the State of arrival, in the stations of London–Waterloo, London–St Pancras and Ashford on British territory, and the stations of Paris–Gare du Nord, Calais, and Lille–Europe on French territory.

The provisions of the Protocol signed at Sangatte concerning the officers of the adjoining State shall be applicable, under the same conditions, to the officers of the State of arrival who are on duty in the stations mentioned in the preceding paragraph.

Article 3

The purpose of the controls carried out by the authorities of the State of departure shall be to check whether the person can leave its territory.

The purpose of the controls carried out by the authorities of the State of arrival shall be to check whether the person is in possession of the necessary travel documents and fulfils the other conditions for entry to its territory. If this is not the case, the person shall be immediately handed over to the authorities of the State of departure who shall apply their domestic law procedures.

The authorities of the State of departure and of the State of arrival shall carry out their controls in accordance with this Additional Protocol, with their laws and regulations and with their international obligations.

The controls mentioned in the preceding paragraphs are without prejudice to customs and security controls.

Article 4

Notwithstanding the third paragraph of Article 3 of this Additional Protocol, when a person submits a request for refugee status or any other kind of protection provided for in international law or in the domestic law of the State of departure during a control carried out at the station of the State of departure by the officers of the State of arrival, this request shall be examined by the authorities of the State of departure in accordance with the rules and procedures of its domestic law.

The same provisions shall be applicable when the request is submitted after the person has passed through this control and before the train doors close at the last scheduled stop at a station located in the territory of the State of departure. If such a request is made after the train doors have closed, it shall be processed by the State of arrival in accordance with the rules and procedures of its domestic law.

Article 5

The controls referred to in Article 3 of this Additional Protocol shall be carried out in accordance with Article 12 of the Sangatte Protocol.

Article 6

The procedures for the implementation of this Additional Protocol may, as far as necessary, be the subject of technical or administrative arrangements between the competent authorities of the two States.

The Immigration (European Economic Area) Regulations 2006

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendments to Article 2

In addition to the stations referred to in Article 2, control bureaux shall also be established at the station of Ebbsfleet International on British Territory.

The provisions of the Additional Protocol apply to the station of Ebbsfleet International under the same conditions and in accordance with the same procedures as they apply to the stations referred to in the said Article 2.

Immigration, Asylum and Nationality Act 2006

3A

In the Immigration, Asylum and Nationality Act 2006—

(a) in section 32 (passenger and crew information: police powers)—

(i) in subsection (1) for “ships and aircraft” substitute “through trains and shuttle trains”;

(ii) in subsections (2) and (3) for “owner or agent of a ship or aircraft” substitute “person operating an international service or his agent”;

(iii) in subsection (5)(a)(iii) for “a voyage or flight” substitute “an international service”; and

(iv) in subsection (6)(b) for “ships or aircraft” substitute “through trains or shuttle trains”;

(b) in section 34 (offence) the reference to section 32 includes a reference to that provision as modified by paragraph (a);

(i) in subsection (4) for “ship or aircraft”, wherever occurring, substitute “through train or shuttle train”; and

(ii) in subsection (4) for “flights or voyages” substitute “international services”;

(d) in section 37 (information sharing: code of practice) the references to section 36 include references to that provision as modified by paragraph (c);

(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f) in section 39 (disclosure to law enforcement agencies) the reference to section 32 includes a reference to that provision as modified by paragraph (a).

Powers of arrest and detention outside United Kingdom

UK Borders Act 2007

6

(1) In the UK Borders Act 2007 in section 2 (detention)—

(a) in subsection (1)—

(i) omit “in England, Wales or Northern Ireland”;

(ii) omit “or Article 26(1), (2) or (3) of the Police and Criminal Evidence (Northern Ireland) Order 1989 (SI 1989/1341 (NI 12))”;

(iii) after paragraph (a), insert—

(aa) might be liable to arrest by a constable under section 24(1), (2) or (3) of the Police and Criminal Evidence Act 1984 if the act or omission had taken place in England, or”;

(b) omit subsection (1A);

(c) in subsection (2)(a) after “constable” insert “, an officer belonging to the French Republic or an officer belonging to the Kingdom of Belgium”;

(d) in subsection (2)(d) after “constable”, in each place where it appears, insert “, the officer belonging to the French Republic or the officer belonging to the Kingdom of Belgium”;

(e) omit subsection (5).

(2) In the UK Borders Act 2007 in section 4 (interpretation of “port”)—

(a) for subsection (1) substitute, “In section 2 “port” means a terminal control point or an international station.”;

(b) in subsection (2) for “ship or aircraft”, in each place where it appears, substitute “train”.

Counter-Terrorism and Border Security Act 2019

7

(1) Schedule 3 to the Counter-Terrorism and Border Security Act 2019 (border security) is modified as follows.

(2) In paragraph 1—

(a) in sub-paragraph (2) omit—

(i) “or in the border area”, in both places where it occurs;

(ii) “or Northern Ireland”, where it occurs in paragraph (b)(i);

(iii) paragraph (b)(ii);

(b) in sub-paragraph (3)—

(i) for “ship or aircraft” substitute “ through train or shuttle train ”;

(ii) omit “or Northern Ireland”, in both places where it occurs;

(3A) An examination under sub-paragraph (1) may be commenced in a train during the period when it is a control area.

(3) Omit paragraph 2.

(4) In paragraph 4—

(a) in sub-paragraph (1), for “vehicle” substitute “ through train or shuttle train ”;

(b) in sub-paragraph (2), for “ship, aircraft or vehicle” substitute “ through train or shuttle train ”;

(5) In paragraph 7, for “ship or aircraft”, in each place where it occurs, substitute “ through train or shuttle train ”.

(6) In paragraph 8—

(a) in sub-paragraph (1), for “ship or aircraft”, in each place where it occurs, substitute “ through train or shuttle train ”;

(b) omit sub-paragraph (2).

(7) In paragraph 9—

(a) in sub-paragraph (2)—

(i) in paragraph (a) omit “or Northern Ireland”;

(ii) in paragraph (a) for “ship or vehicle” substitute “ through train or shuttle train ”;

(iii) omit paragraph (b);

(b) omit sub-paragraphs (3) and (4);

(d) in sub-paragraph (6)—

(i) for “ship or aircraft” substitute “ through train or shuttle train ”;

(ii) omit paragraph (b).

(8) Omit paragraph 63.

(9) In paragraph 64—

(a) in sub-paragraph (4) omit the references to “ship” and “vehicle” and for “an airport and a hoverport” substitute “ a railway station or other place where persons embark or disembark, or goods are loaded or unloaded, on or from a through train or shuttle train (as the case may be) ”;

(b) in sub-paragraph (5), for “ship or aircraft”, in both places, substitute “ through train or shuttle train ”;

(10) In the following provisions, omit “or 2”—

(a) paragraph 3;

(b) paragraph 4(1);

(d) paragraph 6;

(e) paragraph 31(2) and (8);

(f) paragraph 52(4) and (6);

(g) paragraph 55(1)(a) and (2).

(11) In the following provisions, after “this Schedule” insert “ or the Channel Tunnel (International Arrangements) Order 1993 ”

(a) paragraph 56(1) and (2) (in each place where the words occur);

(b) paragraph 59(1);

5A

In regulation 6(1A) of the Immigration (Provision of Physical Data) Regulations 2006 (Process by which an individual’s fingerprints and photograph may be obtained and recorded), after the words “arrival in the United Kingdom” insert “or entry into the control zone in France, Belgium or the Netherlands, or a supplementary control zone in France, seeking to arrive in the United Kingdom through the tunnel system”.

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