The Channel Tunnel (Miscellaneous Provisions) Order 1994

Made: 24th May 1994

Laid before Parliament: 2nd June 1994

Coming into force in accordance with article 1

In exercise of the powers conferred on the appropriate Minister by section 11 of the Channel Tunnel Act 1987[^f00001], the Lord Chancellor, the Secretary of State for the Home Department, the Secretary of State for Health, the Minister of Agriculture, Fisheries and Food and the Commissioners of Customs and Excise hereby make the following Order:

Citation and commencement

1

• (1) This Order may be cited as the Channel Tunnel (Miscellaneous Provisions) Order 1994 and, except as provided in paragraphs (2) and (3) below, shall come into force on the date on which 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 enters into force. That date will be notified in the London, Edinburgh and Belfast Gazettes.

• (2) Article 8 shall, to the extent necessary to give effect to those of the amendments specified in Schedule 4 that are mentioned in paragraph (3) below, come into force on 1st July 1994.

• (3) The amendments are—

• (a) those specified in paragraphs 6, 8(b), 9, 10 and 12 of Schedule 4, and

• (b) those specified in paragraph 11 of Schedule 4 except the amendments to paragraphs 1(11)(d) and 3(b) of Schedule 4 to the 1993 Order.

Interpretation

2

• (1) In this Order, except for the purpose of construing the tripartite articles, and in any enactment as applied by it with modifications, any expression for which there is an entry in the first column of Schedule 1 has the meaning given against it in the second column.

• (2) In this Order “the authorised purposes” means—

• (a) purposes for which provision is authorised by any of paragraphs (a), (d) and (g), and

• (b) purposes connected with any matter in relation to or with respect to or for regulating which provision is authorised by any of paragraphs (c), (e), (f) and (h),

of section 11(1) of the Channel Tunnel Act 1987.

• (3) In this Order “the tripartite articles” means the provisions set out—

• (a) in Part I of Schedule 2 (being Articles or parts of Articles of the Agreement mentioned in article 1 above), and

• (b) in Part II of Schedule 2 (being Articles or parts of Articles of the Protocol attached to and forming part of that Agreement);

• (c) in Part III of Schedule 2 (being Articles or parts of Articles of the Protocol attached to and forming part of the Agreement, as applied by the Administrative Arrangement to immigration controls upon persons travelling on international trains making a commercial stop)

and in the tripartite articles the expression “the Fixed Link” shall for the purposes of this Order be taken to have the same meaning as is given to “the tunnel system” by section 1(7) of the Channel Tunnel Act 1987.

Application of tripartite articles

3

• (1) The tripartite articles shall have the force of law in the United Kingdom—

• (a) within a control zone, and

• (b) elsewhere for the authorised purposes only.

• (2) Subject to paragraph (4), without prejudice to paragraph (1) officers belonging to the Kingdom of Belgium and officers belonging to the French Republic shall to the extent specified in the tripartite articles have rights and obligations and powers to carry out functions in the United Kingdom.

• (3) Subject to paragraph (4), for the purpose of giving full effect to Article 17 of the Part II provisions and to Article 17 of the Part III provisions (accommodation, etc., for Belgian authorities) 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 mentioned in article 2(3)(b) above and under that Article as applied by Article 3 of the Administrative Arrangement (which requires the competent authorities of the Kingdom of Belgium and of the United Kingdom to determine their respective requirements in consultation with one another).

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

Application of enactments

4

• (1) All frontier control enactments shall for the purpose of enabling officers belonging to the United Kingdom to carry out frontier controls extend—

• (a) to France within a control zone, and

• (b) to Belgium within a control zone.

• (1A) The Equality Act 2010 shall apply to the carrying out by immigration officers of their functions in a control zone outside the United Kingdom as it applies to the carrying out of their functions within the United Kingdom.

• (2) For the purposes of Article 3 of the UK GDPR and section 207 of the Data Protection Act 2018 (“the 2018 Act”), data which is processed in a control zone in Belgium, in connection with the carrying out of frontier controls, by an officer belonging to the United Kingdom is to be treated as processed by a controller established in the United Kingdom in the context of the activities of that establishment (and accordingly the UK GDPR and the 2018 Act apply in respect of such data).

• (3) For the purposes of Article 3 of the UK GDPR and section 207 of the 2018 Act, data which is processed in a control zone in the United Kingdom, in connection with the carrying out of frontier controls, by an officer belonging to the Kingdom of Belgium is to be treated as processed by a controller established in the Kingdom of Belgium in the context of the activities of that establishment (and accordingly the UK GDPR and the 2018 Act do not apply in respect of such data).

• (4) In this article, “the UK GDPR” has the meaning given in section 3(10) of the Data Protection Act 2018.

Application of criminal law

5

• (1) Any act or omission which—

• (a) takes place outside the United Kingdom in a control zone, and

• (b) would, if taking place in England, constitute an offence under a frontier control enactment,

shall be treated for the purposes of that enactment as taking place in England.

• (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 omission which had taken place in relation to an officer belonging to the United Kingdom.

• (1B) Section 22 of the UK Borders Act 2007 is modified for the purposes of paragraph (1A) 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 or the Kingdom of Belgium.

• (2) Summary proceedings for anything that is by virtue of paragraph (1) or (1A) 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 area comprising the inner London boroughs.

• (3) Any jurisdiction conferred by virtue of paragraphs (1), (1A) and (2) on any court is without prejudice to any jurisdiction exercisable apart from this article by that or any other court.

• (4) Where it is proposed to institute proceedings in respect of an alleged offence in any court and a question as to the court’s jurisdiction arises under Article 11(2) of the Part I provisions, it shall be presumed, unless the contrary is proved, that the court has jurisdiction by virtue of that Article.

Powers of officers

6

Schedule 3 (which contains provision as to powers exercisable by constables and other officers) shall have effect.

Enactments modified

7

• (1) Without prejudice to the generality of articles 4(1) and 5(1), the enactments specified in paragraph (2) shall—

• (a) in their application to France and Belgium by virtue of article 4(1), and

• (b) in their application to the United Kingdom for the authorised purposes,

have effect with modifications the same as those set out in Schedule 4 to the 1993 Order.

• (2) The enactments are—

• (a) the Immigration Act 1971;

• (b) the Public Health (Control of Disease) Act 1984;

• (c) the Immigration and Asylum Act 1999;

• (d) the Terrorism Act 2000;

• (e) the Immigration, Asylum and Nationality Act 2006; and

• (f) the UK Borders Act 2007.

• (3) Nothing in paragraph (1)(b) implies the presence of a control zone in the station of London-Waterloo on British Territory.

Amendments of instruments

8

The instruments mentioned in Schedule 4 shall have effect with the amendments there specified.

SCHEDULE 1 — EXPRESSIONS DEFINED

Expression	Meaning
“Administrative Arrangement”	The Administrative Arrangement made between the Secretary of State for the Home Department of the United Kingdom of Great Britain and Northern Ireland, the Vice Prime Minister, Minister of Home Affairs of the Kingdom of Belgium, and the Minister of the Interior, of Internal Security and Local Freedoms of the French Republic, concerning the exercise of Immigration Controls by British Officials at the Gare du Midi in Brussels and by Belgian Officials at Waterloo International Station in London and Ashford International dated 1st October 2004.
“Control zone”	A control zone defined under Article 1(6) of the Part I provisions but excluding the station of London-Waterloo on British territory.
“Frontier controls”	So far as they constitute frontier controls as defined in Article 1(1) of the Part I provisions and are controls in relation to persons or goods, police, immigration, customs, health, veterinary and phytosanitary controls.
“Frontier control enactment”	An Act, or an instrument made under an Act, for the time being in force, which contains provision relating to frontier controls.
“Immigration controls”	The controls carried out by the authorities of the State of arrival to check whether passengers making a journey between Belgium and the United Kingdom are in possession of the necessary travel documents and fulfil the other conditions for entry to its territory.
“International service”	The meaning given in section 13(6) of the Channel Tunnel Act 1987.
“Officers”	Persons responsible for authorising departure from or entry to the State of arrival.
“The 1993 Order”	The Channel Tunnel (International Arrangements) Order 1993[^f00007].
“The Part I provisions”	The provisions set out in Part I of Schedule 2.
“The Part II provisions”	The provisions set out in Part II of Schedule 2.
“The Part III provisions	The Provisions set out in Part III of Schedule 2.
“Terminal control point”	A place which is an authorised terminal control point for international services for the purposes of sections 11 and 12 of the Channel Tunnel Act 1987.
“Through train”	A train, other than a shuttle train as defined in section 1(9) of the Channel Tunnel Act 1987, which for the purposes of sections 11 and 12 of that Act is engaged on an international service.
“Train manager”	In relation to a through train or shuttle train, the person designated as train manager by the person operating the international service on which the train is engaged.
“The tunnel system”	The meaning given by section 1(7) of the Channel Tunnel Act 1987.

SCHEDULE 2 — TRIPARTITE ARTICLES

PART I — AGREEMENT

PART I — General Provisions

Article 1 — Definitions

• (1) “Frontier controls” means police, immigration, customs, health, veterinary and phytosanitary, consumer protection, and transport controls, as well as any other controls provided for in national or European Community laws and regulations.

• (2) “Fixed Link” means the Channel Fixed Link defined in Article 1 of the Treaty done at Canterbury on 12 February 1986.

• (3) “Trains” means international trains travelling between Belgian and British territory, using the Fixed Link and passing through French territory.

• (4) “Non-stop trains” means international trains travelling between Belgian and British territory, using the Fixed Link and crossing French territory without making a commercial stop, except for technical stops.

• (5) “Officers” means persons responsible for policing and frontier controls who are under the command of the persons or authorities designated in accordance with Article 3(2).

• (6) “Control Zone” means that part of the territory of the host State and the non-stop trains, within which the officers of the other States are empowered to effect controls. Each control zone shall be defined by mutual agreement between the host State and the State whose officers will be operating in the said zone; however, in the case of non-stop trains, the control zone in French territory shall be determined jointly by the three Governments.

• (7) “Host State” means the State in whose territory the controls of the other States are effected.

Article 2 — Scope

• (1) This Agreement shall apply to rail traffic between the United Kingdom and Belgium travelling via the Fixed Link and passing through French territory.

• (3) A Protocol concerning frontier controls and policing on non-stop trains between the United Kingdom and Belgium via the Fixed Link is attached as an annex to this Agreement and shall form an integral part thereof.

PART II — Authorities and General Principles of Co-operation

Article 3

• (2) Each of the Governments shall designate the authorities or persons having charge of the services which in its territory have responsibility for the exercise of frontier controls and the maintenance of law and order.

Article 4

On non-stop trains, British officers may exercise frontier controls in Belgian and French territory, and Belgian officers in British and French territory.

Article 5

It is agreed that the frontier controls relating to non-stop trains shall in principle be effected under the exclusive responsibility of the British and Belgian authorities.

Article 9

The officers of the three States shall be authorised to circulate freely over the whole of the route between London and Brussels for official purposes simply by producing appropriate evidence of their identity and status.

PART III — Co-operation in Criminal Justice

Article 11

• (1) Without prejudice to the provisions of Articles 4 and 14(2) of the Protocol attached as an annex to this Agreement, when an offence is committed on the territory of one of the three States that State shall have jurisdiction.

• (2) When it cannot be ascertained where such an offence has been committed, the State of arrival shall have jurisdiction.

Article 12

Where an arrest is made for an offence in respect of which one State has jurisdiction under Article 11, that arrest shall not be affected by the fact that its effects continue in the territory of the other States.

Article 13

Persons who are found committing, attempting to commit, or just having committed an offence and who are apprehended on the train during the journey shall be handed over as soon as possible to the empowered officers of the State which has jurisdiction under Article 11.

Article 14

• (1) In the event that a person is found committing, attempting to commit or just having committed on board a train in the territory of a State one of the following offences: homicide, rape, arson, armed robbery, kidnapping and hostage taking, or use of explosives, the train must be stopped in order to enable the competent authorities of that State to take any measures relevant to their investigations and, where appropriate, detain the person suspected of having committed the offence.

• (2) If the train cannot be stopped because it is within the Fixed Link or because it is about to leave the territory of the State in which one of the offences referred to in the preceding paragraph has been committed, authorised officers who are present must take all appropriate interim measures to ensure that, when the train arrives, the officers of the State which has jurisdiction under Article 11 are able to interview witnesses, take evidence or receive information relevant to their investigations and, where appropriate, take charge of the person suspected of having committed the offence.

Article 15

• (1) When a person is arrested in a manner covered by Articles 6, 12, 13 and 14(2) of this Agreement, the arrest shall be notified without delay to the authorities of the State of arrival. The person arrested may be transferred to the territory of the State which has jurisdiction under Article 11.

• (2) However, any such transfer shall take place within no more than 24 hours of the notification under the preceding paragraph. Moreover, each State reserves the right not to authorise the transfer of its nationals.

PART V — Co-operation Between the Competent Authorities

Article 23

• (1) Each State shall waive any claim which it may have against the other States for compensation in respect of damage caused to its officers or its property.

• (2) The provisions of this Article shall not affect in any way the rights of third parties under the laws of each State.

PART VI — Final Clauses

Article 24

In addition to the arrangements provided for under Article 20, the procedures for the implementation of this Agreement and its Protocol may, as far as necessary, be the subject of technical or administrative arrangements between the competent authorities of the three States.

PART II — PROTOCOL

Article 1

This Protocol shall apply to non-stop rail traffic between the United Kingdom and Belgium travelling via the Fixed Link and passing through French territory.

Article 2