The Channel Tunnel (Security) Order 1994

• (b) the applicant’s VAT registration number, if any;

• (c) the telephone number, facsimile number if any, and address of the principal office, and of all the premises where relevant goods are handled by the applicant;

• (d) where the applicant is not a sole proprietor, the name, telephone number, facsimile number if any, and address within the United Kingdom of an individual who will accept on behalf of the applicant any written or verbal communication (including any document mentioned in article 36(1) of this Order) from the Secretary of State relating to Channel Tunnel freight business;

• (e) the number of staff engaged by the applicant in the handling of Channel Tunnel freight;

• (f) the number of staff engaged by the applicant in security duties;

• (g) details of any criminal convictions under this Order of:

• (i) the applicant;

• (ii) any staff employed or to be employed by the applicant on Channel Tunnel freight business;

• (iii) where the applicant is a body corporate, any director or secretary of that body; and

• (iv) where the applicant is an unincorporated association or partnership, any member of the association or partner in the partnership.

Requirements for inclusion on the list of security approved Channel Tunnel freight forwarders

2

The Secretary of State may include an applicant on the list of security approved Channel Tunnel freight forwarders only if he is satisfied as to each of the following matters:

• (a) that the applicant’s business includes or will include Channel Tunnel freight business;

• (b) that the applicant has delivered to him a description of the applicant’s current security procedures and measures in relation to Channel Tunnel freight, and that in the Secretary of State’s opinion those procedures and measures are reasonable for the purposes to which Part III of this Order applies;

• (c) that the applicant has made adequate arrangements to ensure that all parts of premises where the applicant handles Channel Tunnel freight, after he has satisfied himself that it contains no article referred to in article 14(6)(b) of the Order, are physically secure and have appropriate controls on access; and

• (d) that the applicant would be able to comply with any directions which may be given to him by the Secretary of State under article 15 or 16 of this Order.

Notice of inclusion on the list of security approved Channel Tunnel freight forwarders

3

Where the Secretary of State decides to include an applicant on the list of security approved Channel Tunnel freight forwarders, he shall give notice to the applicant of his decision and of the date on which the applicant was placed on such list.

Notice of proposal not to include an applicant on the list of security approved Channel Tunnel freight forwarders

4

• (1) Where the Secretary of State proposes not to include an applicant on the list of security approved Channel Tunnel freight forwarders, he shall give notice to the applicant of such proposal and of the reasons for it.

• (2) The applicant may make representations to the Secretary of State within 28 days from the date of the Secretary of State’s notice under sub paragraph (1) above.

• (3) The Secretary of State shall take into account any representations made under sub paragraph (2) above before reaching a decision as to the inclusion of the applicant on the list.

• (4) Where the Secretary of State decides not to include the applicant on the list, he shall give notice to the applicant of his decision and of the reasons for it.

• (5) Any applicant whom the Secretary of State decides not to include on the list of security approved Channel Tunnel freight forwarders may not re apply for such inclusion until after the expiry of the period of three months beginning with the date of the Secretary of State’s notice under sub paragraph (4) above.

Notice of information being rendered inaccurate by a change in circumstances

5

A security approved Channel Tunnel freight forwarder shall give notice to the Secretary of State if at any time any information provided to the Secretary of State in pursuance of sub paragraphs (1), (2)(a), (c), (d) or (g) of paragraph 1 above is rendered inaccurate by any change of circumstances, and shall give such notice to the Secretary of State within 7 days of such change occurring.

Removal from the list of security approved Channel Tunnel freight forwarders

6

• (1) If at any time it appears to the Secretary of State that:

• (a) a person included on the list of security approved Channel Tunnel freight forwarders no longer carries on Channel Tunnel freight business;

• (b) a person included on the list of security approved Channel Tunnel freight forwarders is no longer able or has failed to comply with any direction given to him article 15 or 16 of this Order (whether or not he has been prosecuted);

• (c) three years have elapsed from the date of a person first being placed on the list of security approved Channel Tunnel freight forwarders, or from the last three yearly anniversary of that date, or from the last occasion of a person being placed on the list (whichever is the later), and he has not applied at least 42 days previously to remain on the list;

• (d) in providing any information required pursuant to paragraph 1 above, a person has made a statement which is false in a material particular;

• (e) a person is in breach of paragraph 5 above; or

• (f) there is any good reason for a person to be removed from the list;

the Secretary of State may, subject to sub paragraph (2) below, remove that person from the list of security approved Channel Tunnel freight forwarders.

• (2) Where the Secretary of State proposes to remove a person from the list for a reason specified in sub paragraph (1) above, he shall give notice to the person of his proposal and of the reasons for it and, where such a notice is given:

• (a) the person may make representations to the Secretary of State within 28 days from the date of such notice;

• (b) the Secretary of State shall take into account any representations so made before reaching a decision as to the removal of the person from the list; and

• (c) the Secretary of State shall give notice to the person of his decision to remove him from the list and of the reasons for it, or of his decision to retain him on the list, as the case may be.

• (3) Any person whom the Secretary of State decides to remove from the list for a reason within sub paragraph (1) above other than (c) of that sub-paragraph, may not re apply for such inclusion until after the expiry of the period of three months beginning with the date of the Secretary of State’s notice under sub paragraph (2)(c) above.

• (4) The Secretary of State shall remove a person from the list upon being requested in writing to do so by that person.

7

In this Schedule “registrar of companies” means the registrar or other officer performing under the Companies Act 1985[^f00014] the duty of registration of companies in England and Wales or in Scotland, or the registrar of companies appointed under Article 653 of the Companies (Northern Ireland) Order 1986[^f00015], as the case may require.

SCHEDULE 2 — PROVISIONS RELATING TO COMPENSATION

1

This Schedule applies to compensation under article 34 of this Order (in this Schedule referred to as “the principal article”).

2

No compensation to which this Schedule applies shall be payable unless the person to whom it is payable in accordance with the principal article (or in accordance with regulations made under paragraph 5 below) serves on the person by whom the measures in question were taken a notice in writing claiming compensation under that article, and that notice is served before the end of the period of two years from the completion of the measures.

3

In relation to any measures taken by any person on land outside the tunnel system, any reference in the principal article to a direction or enforcement notice, or to compliance with a direction or enforcement notice, is to be construed as if paragraph (3) of article 18 of this Order were omitted.

4

In calculating value for any of the purposes of the principle article—

• (a) rules (2) to (4) of the rules set out in section 5 of the Land Compensation Act 1961[^f00016] apply with the necessary modifications, and

• (b) if the interest to be valued is subject to a mortgage, it is to be treated as if it were not subject to the mortgage.

5

Regulations made by the Secretary of State by statutory instrument may make provision—

• (a) requiring compensation to which this Schedule applies, in such cases as may be specified in the regulations, to be paid to a person other than the person entitled to it in accordance with the principal article,

• (b) as to the application of any compensation to which this Schedule applies, or any part or it, in cases where the right to claim compensation is exercisable by reference to an interest in land which is subject to a mortgage, or to a rentcharge, or to the trusts of a settlement, or, in Scotland, to a feuduty or ground annual or to the purposes of a trust, or which was so subject at a time specified in the regulations, or

• (c) as to any assumptions to be made, or matters to be taken into or left out of account, for the purpose of assessing any compensation to which this Schedule applies.

6

A statutory instrument containing regulations made under paragraph 5 above shall be subject to annulment in pursuance of a resolution of either House of Parliament.

7

Any dispute arising under the principal article or under this Schedule, whether as to the right to any compensation or as to the amount of any compensation or otherwise, shall be referred to and determined by the appropriate tribunal.

8

In the application of this Schedule to Scotland—

• (a) the reference in paragraph 4(a) to section 5 of the Land Compensation Act 1961 is to be construed as a reference to section 12 of the Land Compensation (Scotland) Act 1963[^f00017], ...

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

9

In the application of this Schedule to Northern Ireland—

• (a) the reference in paragraph 4(a) to section 5 of the Land Compensation Act 1961 is to be construed, notwithstanding paragraph 4 of Schedule 1 to the Land Compensation (Northern Ireland) Order 1982[^f00018] (which confines the operation of that Order to matters within the legislative competence of the Parliament of Northern Ireland), as a reference to Article 6(1) of that Order, ...

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

10

In this Schedule “mortgage” includes any charge or lien on any property for securing money or money’s worth, and any heritable security within the meaning of section 9(8) of the Conveyancing and Feudal Reform (Scotland) Act 1970[^f00019].

SCHEDULE 3 — MINOR AND CONSEQUENTIAL AMENDMENTS

The Northern Ireland (Emergency Provisions) Act 1991

1

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

The Suppression of Terrorism Act 1978

2

In Schedule 1 to the Suppression of Terrorism Act 1978[^f00021] (list of offences for the purposes of section 1 of that Act) after paragraph 18B there is inserted—

(18C) An offence under Part II of the Channel Tunnel (Security) Order 1994 No.

The Criminal Justice Act 1982

3

At the end of Part II of Schedule 1 to the Criminal Justice Act 1982[^f00022] (statutory provisions excluded from provisions for early release of prisoners) there is inserted—

• Article 4 (hijacking of Channel Tunnel trains)
• Article 5 (seizing or exercising control of the tunnel system)
• Articles 6, 7 and 8 (other offences relating to Channel Tunnel trains or the tunnel system).

The Police and Criminal Evidence Act 1984

4

At the end of Part II of Schedule 5 to the Police and Criminal Evidence Act 1984[^f00023] (serious arrestable offences) there is added—

(14) Article 4 (hijacking of Channel Tunnel trains). (15) Article 5 (seizing or exercising control of the tunnel system).

The Police and Criminal Evidence (Northern Ireland) Order 1989

5

At the end of Part II of Schedule 5 to the Police and Criminal Evidence (Northern Ireland) Order 1989[^f00024] (serious arrestable offences) there is added—

(13) Article 4 (hijacking of Channel Tunnel trains). (14) Article 5 (seizing or exercising control of the tunnel system).

Signed

John MacGregor — Secretary of State for Transport — 4th March 1994

Explanatory note

(This note is not part of the Order)

This Order provides for the security of the Channel Tunnel (“the tunnel system” which has the meaning given in section 1(7) of the Channel Tunnel Act 1987 subject to article 2(1)) and of Channel Tunnel trains (as defined in article 2(1)). Part II createscertain offences against the safety of the system and the trains and Part III provides for the protection of Channel Tunnel trains and the tunnel system against acts of violence (as defined in article 10(2)). The Order applies outside the United Kingdom only to the limited extent specified in article 3, that is where article 30 or 38 of the Protocol between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the French Republic concerning Frontier Controls and Policing, Cooperation in Criminal Justice, Public Safety and Mutual Assistance Relating to the Channel Fixed Link (Cm 1802) confer jurisdiction on United Kingdom courts. The Order extends to Northern Ireland.

Under article 4 it is an indictable offence subject to life imprisonment to hijack a Channel Tunnel train.

Under article 5 it is an indictable offence subject to life imprisonment to seize the tunnel system or exercise control of it.

Under article 6 it is an indictable offence subject to life imprisonment, unlawfully (as defined in article 2(1)) and intentionally to destroy a Channel Tunnel train or the tunnel system or to destroy any goods on the train or within the system or to damage them so as to endanger, or be likely to endanger, their safety, or to commit on board a Channel Tunnel train or within the tunnel system an act of violence (as defined in paragraph (5)) which is likely to endanger their safety.

Article 7 creates offences subject to life imprisonment in respect of other acts endangering or likely to endanger the safe operation of Channel Tunnel trains or the tunnel system.

Under article 8 it is an indictable offence subject to life imprisonment to make threats of acts which would be offences under article 6(1) or 7(1).

Article 11 confers powers on the Secretary of State to require information in connection with the exercise of his functions under Part III. Under paragraph (6) it is an offence without reasonable excuse to fail to comply with such a requirement or in furnishing information to make false statements in certain circumstances. The offence is subject on summary conviction to a fine up to the statutory maximum and on conviction on indictment to a fine or to imprisonment for a term of up to two years or to both.

Article 12 enables restricted zones (as defined in article 2(1)) to be designated in the tunnel system or outside. Under article 31(3) it is an offence subject on summary conviction to fine of up to level 5 on the standard scale for a person, without lawful authority or reasonable excuse, to go into or onto any part of a restricted zone without the permission of the person in control of it or to remain in any part of the zone after being requested to leave by that person or by a person acting on his behalf or by a constable. The person in control of the restricted zone or a constable may, using reasonable force, remove the person if he remains after being requested to leave.

Article 13 enables the Secretary of State to give directions in writing to the Concessionaires or to the owners, operators or train managers of Channel Tunnel trains, or a person about to become such a person, imposing restrictions in respect of such trains or requiring modifications or alterations of the train, or of apparatus or equipment installed in or carried on, the train. Under paragraph (8) it is an offence, without reasonable excuse, to fail to comply with a direction under this article subject—

• (a) on summary conviction, to a fine up to the statutory maximum, and

• (b) on conviction on indictment, to a fine or to imprisonment for a term of up to two years or to both.

Under paragraph (9) where a person is convicted of an offence under paragraph (8) a continuing failure, without reasonable excuse, to comply is a further offence for which he is liable on summary conviction to a fine of up to one tenth of level 5 on the standard scale for each day on which the failure continues.

Under article 14 the Concessionaires may be required by the Secretary of State to carry out searches of the tunnel system, of Channel Tunnel trains in the system and persons or property in the system. Where a direction requiring such searches to be carried out is in force, persons of a description specified in the direction or constables, where they have reasonable cause to suspect the presence of certain articles (defined in article 2(1)) such as firearms or explosives (defined in article 2(1)) may enter buildings or works or land (but in the case of premises used only as a private dwelling house only certain constables may enter and only with a warrant granted by a justice of the peace), go on board Channel Tunnel trains and inspect them, stop such trains or any vehicle, goods, property or person and detain them, to effect the search. Under paragraph (8) it is an offence subject—

• (a) on summary conviction, to a fine up to the statutory maximum, or

• (b) on conviction on indictment, to a fine or to imprisonment for a term of up to two years or to both, to fail, without reasonble excuse, to comply with a direction or any requirement in it or intentionally to obstruct a person carrying out a search.

Under paragraph (9) where a person is convicted of an offence under paragraph (8) a continuing failure, without reasonable excuse, to comply is a further offence for which he is liable on summary conviction to a fine of up to one tenth of level 5 on the standard scale for each day on which the failure continues.

There is corresponding provision in article 15 for searches by persons carrying on operations within the tunnel system, by persons permitted to have access to restricted zones for the purposes of their business, by owners, operators or train managers of Channel Tunnel trains or the owners, operators of managers of property used in connection with any Channel Tunnel train or the tunnel system whether the property is within the tunnel system or elsewhere.

Article 16 enables the Secretary of State to give directions for the purposes specified in article 10 to the owners, operators or train managers of Channel Tunnel trains, the Concessionaires, persons carrying on operations within the tunnel system, persons permitted to have access to restricted zones for the purposes of their business and owners, operators or managers of property used in connection with Channel Tunnel trains or the tunnel system, or to persons about to become such persons, including a requirement to guard the trains, the tunnel system, land, buildings, or works or property against acts of violence. Under paragraph (7) a failure, without reasonable excuse, to comply with a direction given under this article, or intentional interference with any building constructed or works executed on land in compliance with a direction or anything installed on, under, over or across any land in compliance with such a direction, is an offence subject—

• (a) on summary conviction, to a fine up to the statutory maximum, or

• (b) on conviction on indictment, to a fine or to imprisonment for up to two years or to both.

Under paragraph (9) where a person is convicted of an offence under paragraph 7(a) a continuing failure to comply is a further offence for which he is liable to a fine of up to one tenth of level 5 on the standard scale for each day on which the failure continues.

Article 17 specifies matters which may be included in directions under articles 13 to 16, article 18 contains limitations on the scope of such directions, article 19 provides for general or urgent directions and article 20 provides for objections to certain directions under article 16.

Articles 21 to 25 provide for the enforcement of a general requirement (as defined in article 21(2)) of a direction by means of an enforcement notice served on the person who has failed to comply.

Under article 23 a person who, without reasonable excuse, fails to comply with an enforcement notice is guilty of an offence subject—

• (a) on summary conviction, to a fine up to the statutory maximum,

• (b) on conviction on indictment, to a fine.

Where a person is convicted of such an offence, a continuing failure, without reasonable excuse, to comply is a further offence for which he is liable on summary conviction to a fine of up to one tenth of level 5 on the standard scale for each day on which the failure continues.

A person who intentionally interferes with any building constructed or other works executed on land or with anything installed on, under, over or across any land, in compliance with an enforcement notice is liable—

• (a) on summary conviction, to a fine up to the statutory maximum;

• (b) on conviction on indictment, to a fine.

Article 27 provides for the detention of Channel Tunnel trains in the event of failure by the owners, operators or train managers to comply with directions under articles 13 to 16 or enforcement notices relating to such directions.

Article 28 provides for the inspection in certain circumstances by persons authorised in writing by the Secretary of State of Channel Tunnnel trains, the tunnel system or any land, building or works outside the tunnel system. The powers conferred on the authorised person for the purposes of the inspection include a power to require information, to go on board a Channel Tunnel train and ensure it is not moved, to enter any building or works or upon any land in or outside the tunnel system for those purposes except premises used only as a private dwelling. A person who, without reasonable excuse, fails to comply with the requirement to furnish information or in furnishing information makes a statement which he knows to be false, is guilty of an offence subject—

• (a) on summary conviction, to a fine up to the statutory maximum;

• (b) on conviction on indictment, to a fine or to imprisonment for up to two years or to both.

Article 29 deals with false statements relating to goods intended for carriage by a Channel Tunnel train made to certain persons. A person who makes such a statement in relation to any goods intended for carriage by a Channel Tunnel train which he knows to be false or recklessly makes such a statement which is false is guilty of an offence and liable on summary conviction to a fine of up to level 5 on the standard scale.

Article 30 creates an offence subject to the same penalty on summary conviction in the case of a false statement made knowingly or recklessly to certain persons for the purpose of, or in connection with, an application for the issue of, or the continued holding of, an identity document which is to be or has been issued by certain persons in accordance with arrangements required to be maintained by a direction under article 16.

Article 32 creates an offence of intentionally obstructing a person authorised in writing by the Secretary of State for the purposes of Part III of the Order when acting in exercise of his powers subject—

• (a) on summary conviction, to a fine of up to the statutory maximum;

• (b) on conviction on indictment, to a fine or to imprisonment for a term of up to two years or to both.

It also creates an offence of falsely pretending to be such a person subject on summary conviction to a fine of up to level 5 on the standard scale.

Article 33 enables the Secretary of State to maintain a list of Channel Tunnel freight forwarders (defined in article 2(1)) approved by him for purposes related to the security of Channel Tunnel trains or the tunnel system or of any property used in connection with the operation of any Channel Tunnel train or the tunnel system. Schedule 1 lays down the procedure for inclusion on, or removal from, the list. Paragraph (2) applies to Channel Tunnel freight forwarders included on the list any provision of the Order applicable to persons permitted to have access to a restricted zone. Under paragraph (3) goods received from any Channel Tunnel freight forwarder included on the list may be exempted from any direction to an owner, operator or train manager of a Channel Tunnel train under articles 13 to 16 which requires the carrying out of searches of goods or the taking of any other measures relating to goods.

Article 34 and Schedule 2 provides for compensation in respect of certain measures under Part III.

The Secretary of State is to lay an annual report before each House of Parliament as to notices and directions under Part III (article 35).

Article 36 covers the service of documents.

Article 37 deals with offences by bodies corporate.

Article 38 and Schedule 3 deal with minor and consequential amendments.

Footnotes

[^f00001]: 1987 c. 53; see the definition of “the appropriate Minister” in section 13(1).

[^f00002]: 1968 c. 57.

[^f00003]: 1981 c. 61.

[^f00004]: S.I. 1993 No. 1813.

[^f00005]: 1861 c. 100.

[^f00006]: 1883 c. 3.

[^f00007]: 1971 c. 48.

[^f00008]: 1984 c. 60.

[^f00009]: 1967 c. 58.

[^f00010]: S.I. 1987/983 (N.I. 10).

[^f00011]: S.I. 1989/1341 (N.I. 12).

[^f00012]: 1967 c. 18 (N.I.).

[^f00013]: 1978 c. 30.

[^f00014]: 1985 c. 6.

[^f00015]: S.I. 1986/1032 (N.I. 6).

[^f00016]: 1961 c. 33.

[^f00017]: 1963 c. 51.

[^f00018]: S.I. 1982/712 (N.I. 9).

[^f00019]: 1970 c. 35.

[^f00021]: 1978 c. 26; Schedule 1 is amended by paragraph 6 of Schedule 3 to the Aviation and Maritime Security Act 1990.

[^f00022]: 1982 c. 48; Part II of Schedule 1 is amended by paragraph 7 of Schedule 3 to the Aviation and Maritime Security Act 1990.

[^f00023]: 1984 c. 60; Part II of Schedule 5 is amended by paragraph 8 of Schedule 3 to the Aviation and Maritime Security Act 1990.

[^f00024]: S.I. 1989/1341 (N.I. 12); Part II of Schedule 5 is amended by paragraph 11 of Schedule 3 to the Aviation and Maritime Security Act 1990.

Editorial notes

[^key-4b2d8b4a70fb1887bd2e655ec9444200]: Art. 1 in force at 5.3.1994, see art. 1

[^key-9de348ab6d78b8db9081e26810008516]: Art. 2 in force at 5.3.1994, see art. 1

[^key-83720f54c1f61f076d1035ca7595bc96]: Art. 3 in force at 5.3.1994, see art. 1

[^key-18ac42c13467941009d755e9c6ca7cfe]: Art. 4 in force at 5.3.1994, see art. 1

[^key-cf9dbba5de3a94e20c71c4c9d8855613]: Art. 5 in force at 5.3.1994, see art. 1

[^key-ef5ea7072404163ad0e47f49446fb841]: Art. 6 in force at 5.3.1994, see art. 1

[^key-b481acf38b5b01fbfa0dd42672788ad6]: Art. 7 in force at 5.3.1994, see art. 1

[^key-af2a1032131d103593e41c7d02136a65]: Art. 8 in force at 5.3.1994, see art. 1

[^key-75a8c21c3ff7f87bc10d67cbd8a174ca]: Art. 9 in force at 5.3.1994, see art. 1

[^key-deb1de5d52e3d862aa2eced15cbdd85b]: Art. 10 in force at 5.3.1994, see art. 1

[^key-dcfc52932ac6b09c40a75ffcc431d98b]: Art. 11 in force at 5.3.1994, see art. 1

[^key-d33d90c1e0ea9b14b4d7b94028113be1]: Art. 12 in force at 5.3.1994, see art. 1

[^key-7300fe514b4f59a1129817bb4c1d0e41]: Art. 13 in force at 5.3.1994, see art. 1

[^key-a0746cb9d2ff1e43ee51eefff122eb47]: Art. 14 in force at 5.3.1994, see art. 1

[^key-f019f17d50a6d09cdae4b8c67b02c82f]: Art. 15 in force at 5.3.1994, see art. 1

[^key-3b602935681e2f363622c382360ad4ba]: Art. 16 in force at 5.3.1994, see art. 1

[^key-ab60b790206322c4908cf803c16f6695]: Art. 17 in force at 5.3.1994, see art. 1

[^key-9d8de97399e4ba09e6908c7a9c09506a]: Art. 18 in force at 5.3.1994, see art. 1

[^key-2c0dd8fecbb8b4f29a9cf53035b8cea6]: Art. 19 in force at 5.3.1994, see art. 1

[^key-7f4c428d2451c00a723108f2b3fe4789]: Art. 20 in force at 5.3.1994, see art. 1

[^key-d8d328862e0b6d7b501f4b2678ed5b2b]: Art. 21 in force at 5.3.1994, see art. 1

[^key-3354b27c255b56c0d4efb67876f69fde]: Art. 22 in force at 5.3.1994, see art. 1

[^key-d3fa3b1ec797bd9c3d72cd5e39e77de3]: Art. 23 in force at 5.3.1994, see art. 1

[^key-31cb4523575164936b6aed49d5506f58]: Art. 24 in force at 5.3.1994, see art. 1

[^key-98c2073eb7963b0b77f4fe2a340060ef]: Art. 25 in force at 5.3.1994, see art. 1

[^key-861567e887de76135ace34afd373575d]: Art. 26 in force at 5.3.1994, see art. 1

[^key-6a2cda51c087b20558171b1fa7515e35]: Art. 27 in force at 5.3.1994, see art. 1

[^key-686aba6b36c1c8449f8e7c0ad08d340a]: Art. 28 in force at 5.3.1994, see art. 1

[^key-ebb3f728f88bcc407f7867551781a6c9]: Art. 29 in force at 5.3.1994, see art. 1

[^key-3a0c984edc8246562a635ac7b40990a4]: Art. 30 in force at 5.3.1994, see art. 1

[^key-49a4cfaa8f182cd5833fb9226d0eabe9]: Art. 31 in force at 5.3.1994, see art. 1

[^key-ad9057a0f414a2dfce4714e2d2eaa17c]: Art. 32 in force at 5.3.1994, see art. 1

[^key-455023f8f9c1d7db26c2218c6ce2ba70]: Art. 33 in force at 5.3.1994, see art. 1

[^key-e7fc832c74d67defd79f09d6009d6d9c]: Art. 34 in force at 5.3.1994, see art. 1

[^key-5a4836ff81cf572e65fba67b6ed00875]: Art. 35 in force at 5.3.1994, see art. 1

[^key-9dc74ef8283d05c8e49b887600bb8312]: Art. 36 in force at 5.3.1994, see art. 1

[^key-d3345fa65e0b37ec49dcdbbfafaa9015]: Art. 37 in force at 5.3.1994, see art. 1

[^key-1679ccd31bc38280b555e7b53e7ca83c]: Art. 38 in force at 5.3.1994, see art. 1

[^key-e979657e9bcc978f5880eda8f7d849ed]: Sch. 1 para. 1 in force at 5.3.1994, see art. 1

[^key-94fd87c01a0e16a2699322e0460b6eb7]: Sch. 1 para. 2 in force at 5.3.1994, see art. 1

[^key-66e56ec5d8dd2c6554d5910a4574fcd6]: Sch. 1 para. 3 in force at 5.3.1994, see art. 1

[^key-5ca7ac5b1b292fa57711008ba54dd4de]: Sch. 1 para. 4 in force at 5.3.1994, see art. 1

[^key-398de0da787ec3f661750c7c2577763c]: Sch. 1 para. 5 in force at 5.3.1994, see art. 1

[^key-5c69830493d10aa77c275934c247f1c1]: Sch. 1 para. 6 in force at 5.3.1994, see art. 1

[^key-bc3f407997ffff63ca987adab8b2834e]: Sch. 1 para. 7 in force at 5.3.1994, see art. 1

[^key-f394be7cb546e83fd0c73b9299e89a20]: Sch. 2 para. 1 in force at 5.3.1994, see art. 1

[^key-86bf819c258a6f5a4674410d7fdb7a35]: Sch. 2 para. 2 in force at 5.3.1994, see art. 1

[^key-8f28d0771867e769de613e67cbeebb19]: Sch. 2 para. 3 in force at 5.3.1994, see art. 1

[^key-5632c3a48c92a2e36e59c556f366d846]: Sch. 2 para. 4 in force at 5.3.1994, see art. 1

[^key-f8da1cc1a5f125dda79b3186349f1a0f]: Sch. 2 para. 5 in force at 5.3.1994, see art. 1

[^key-ed2d9ce7cce41c8c4654aa1b497670f5]: Sch. 2 para. 6 in force at 5.3.1994, see art. 1

[^key-19b0e5d169b0135fc03ebf4fbb13b2db]: Sch. 2 para. 7 in force at 5.3.1994, see art. 1

[^key-03669b6ff223d1cf773d5def201d12ef]: Sch. 2 para. 8 in force at 5.3.1994, see art. 1

[^key-0faeffc736d99f010382dc32306c939b]: Sch. 2 para. 9 in force at 5.3.1994, see art. 1

[^key-72dde3bfa554adad27d4a23b74a38d78]: Sch. 2 para. 10 in force at 5.3.1994, see art. 1

[^key-8a2e891f1cb809f4fba776cbe2afa2f5]: Sch. 3 para. 2 in force at 5.3.1994, see art. 1

[^key-e33cf5d138166560197310372698f94d]: Sch. 3 para. 3 in force at 5.3.1994, see art. 1

[^key-e70b93cb7cd0c9c6c1dc19a72e6d5b96]: Sch. 3 para. 4 in force at 5.3.1994, see art. 1

[^key-aa549d1b8b152d15dbbc0dc4667d47c0]: Sch. 3 para. 5 in force at 5.3.1994, see art. 1

[^key-3c9ba2faf46ff4dae1e326a1113f9054]: Sch. 3 para. 1 revoked (25.8.1996) by Northern Ireland (Emergency Provisions) Act 1996 (c. 22), s. 62(1), Sch. 7 Pt. II

[^key-bbb8c42abe13743c8b348c893da5e304]: Words in art. 14(11) substituted (E.W.) (1.1.2006) by The Serious Organised Crime and Police Act 2005 (Powers of Arrest) (Consequential Amendments) Order 2005 (S.I. 2005/3389), art. 7, reg. 1(1)

[^key-3c60ac28a3d72a561ac4fa4508c4577c]: Words in art. 15(11)(a) substituted (E.W.) (1.1.2006) by The Serious Organised Crime and Police Act 2005 (Powers of Arrest) (Consequential Amendments) Order 2005 (S.I. 2005/3389), art. 7, reg. 1(1)

[^key-7bd574ea33469d76bf2aae04f4f25276]: Words in art. 2(1) inserted (30.9.2006) by The Transport Security (Electronic Communications) Order 2006 (S.I. 2006/2190), arts. 1(1), 7(2)

[^key-7b540e733501f26c51a5415c158e5429]: Art. 36(2A)-(2I) inserted (30.9.2006) by The Transport Security (Electronic Communications) Order 2006 (S.I. 2006/2190), arts. 1(1), 8(3)

[^key-dd9bca458ec1d19a4f58967f41868f38]: Art. 36(2)(e) and word inserted (30.9.2006) by The Transport Security (Electronic Communications) Order 2006 (S.I. 2006/2190), arts. 1(1), 8(2)

[^key-45efab789a6f7e7a5e5e6e513c1b4be1]: Art. 36(3) substituted (30.9.2006) by The Transport Security (Electronic Communications) Order 2006 (S.I. 2006/2190), arts. 1(1), 8(4)

[^key-d1997abe011f300f4974588143e24dfa]: Sch. 2 para. 7A inserted (1.6.2009) by The Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009 (S.I. 2009/1307), art. 1, Sch. 2 para. 44(b) (with Sch. 5)

[^key-d26e5e1ff9b168063897c4345cfba2eb]: Words in Sch. 2 para. 7 substituted (1.6.2009) by The Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009 (S.I. 2009/1307), art. 1, Sch. 2 para. 44(a) (with Sch. 5)

[^key-b7cad20f3fa860a545bbf9d186219d73]: Sch. 2 para. 8(b) and word omitted (1.6.2009) by virtue of The Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009 (S.I. 2009/1307), art. 1, Sch. 2 para. 44(c) (with Sch. 5)

[^key-820911e4b99e0f35f2f49320d3e21f22]: Sch. 2 para. 9(b) and word omitted (1.6.2009) by virtue of The Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009 (S.I. 2009/1307), art. 1, Sch. 2 para. 44(c) (with Sch. 5)

[^key-96fed2d133a88982a372b969335c2477]: Words in art. 13(9) substituted (E.W.) (12.3.2015) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Fines on Summary Conviction) Regulations 2015 (S.I. 2015/664), reg. 1(1), Sch. 3 para. 10(2) (with reg. 5(1))

[^key-b56dd18c1e429745a1f077266bec02ee]: Words in art. 14(10) substituted (E.W.) (12.3.2015) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Fines on Summary Conviction) Regulations 2015 (S.I. 2015/664), reg. 1(1), Sch. 3 para. 10(3) (with reg. 5(1))

[^key-7a290493e0cbc390266bd1d08e95591d]: Words in art. 15(10) substituted (E.W.) (12.3.2015) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Fines on Summary Conviction) Regulations 2015 (S.I. 2015/664), reg. 1(1), Sch. 3 para. 10(4) (with reg. 5(1))

[^key-21e6440944fa70895fa970bd6c5a3c45]: Words in art. 16(9) substituted (E.W.) (12.3.2015) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Fines on Summary Conviction) Regulations 2015 (S.I. 2015/664), reg. 1(1), Sch. 3 para. 10(5) (with reg. 5(1))

[^key-58bfb4921bd1a043451563f434bd5cd8]: Words in art. 23(2) substituted (E.W.) (12.3.2015) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Fines on Summary Conviction) Regulations 2015 (S.I. 2015/664), reg. 1(1), Sch. 3 para. 10(6) (with reg. 5(1))

[^key-9e282e19dfe678a68f2cad6a03b71486]: Words in art. 11(2) substituted (1.10.2015) by Counter-Terrorism and Security Act 2015 (c. 6), s. 52(3)(c), Sch. 5 para. 13(2)(a) (with Sch. 5 para. 14); S.I. 2015/1729, art. 2

[^key-a744d03fb59212232b97e6029bd387d8]: Words in art. 11(4) omitted (1.10.2015) by virtue of Counter-Terrorism and Security Act 2015 (c. 6), s. 52(3)(c), Sch. 5 para. 13(2)(b) (with Sch. 5 para. 14); S.I. 2015/1729, art. 2

[^key-69dc84b46074ff0279f12e7db56f4b54]: Words in art. 13(1)(b) substituted (1.10.2015) by Counter-Terrorism and Security Act 2015 (c. 6), s. 52(3)(c), Sch. 5 para. 13(3) (with Sch. 5 para. 14); S.I. 2015/1729, art. 2

[^key-34884325fb166c6bfd15837962c97ea1]: Art. 36(9) inserted (1.10.2015) by Counter-Terrorism and Security Act 2015 (c. 6), s. 52(3)(c), Sch. 5 para. 13(4)(b) (with Sch. 5 para. 14); S.I. 2015/1729, art. 2

[^key-e1c1df401243b9e6d47740e0e051e0be]: Art. 36(2)(f) inserted (1.10.2015) by Counter-Terrorism and Security Act 2015 (c. 6), s. 52(3)(c), Sch. 5 para. 13(4)(a) (with Sch. 5 para. 14); S.I. 2015/1729, art. 2

7A

In paragraph 7 “appropriate tribunal” means—

• (a) in the application of this Schedule to England and Wales, the Upper Tribunal;

• (b) in the application of this Schedule to Scotland, the Lands Tribunal for Scotland;

• (c) in the application of this Schedule to Northern Ireland, the Lands Tribunal for Northern Ireland.