The Channel Tunnel (International Arrangements) (Amendment) Order 2014

Made: 8th July 2014

Laid before Parliament: 14th July 2014

Coming into force: 5th August 2014

The Secretary of State, acting as the appropriate Minister, makes the following Order in exercise of the powers conferred by section 11 of the Channel Tunnel Act 1987[^f00001]:

Citation and commencement

1

This Order may be cited as the Channel Tunnel (International Arrangements) (Amendment) Order 2014 and shall come into force on 5th August 2014.

Amendment of the Channel Tunnel (International Arrangements) Order 1993

2

• (1) Schedule 4 to the Channel Tunnel (International Arrangements) Order 1993[^f00002] (enactments modified) is amended as follows.

• (2) In paragraph 1(9) (modification of section 27 of the Immigration Act 1971 (offences by persons connected with ships etc.)[^f00003])—

• (a) for paragraph (c)(i) substitute–

(i) for the words “as a person” to “port” substitute “as an occupier or person concerned with the management of a terminal control point or of an international station”,

and

• (b) after paragraph (c)(ii) insert–

; and (d) in paragraph (ca) for the words “as a person” to “port” substitute “as an occupier or person concerned with the management of a terminal control point or of an international station”.

• (3) For paragraph 1(11)(g) (modification of paragraph 5 of Schedule 2 to the Immigration Act 1971))(information and documents) substitute—

(g) in paragraph 5— (i) in sub-paragraph (a) for the words “passengers disembarking” to “such passengers” substitute “persons arriving in or leaving or seeking to arrive in or leave the United Kingdom through the tunnel system, or any class of such persons”, (ii) in sub-paragraph (b) for the words “passengers embarking” to “such passengers” substitute “persons leaving or seeking to leave the United Kingdom through the tunnel system, or any class of such persons”, and (iii) for the words “the owners or agents of ships and aircraft to supply such cards to those passengers” substitute “persons operating international services to supply such cards to those persons”.

• (4) In paragraph 1(11) (modification of paragraph 5B of Schedule 2 to the Immigration Act 1971)[^f00004]), after sub-paragraph (g) insert—

(ga) in paragraph 5B– (i) in sub-paragraph (1)(a) for the words “an owner or agent of a ship or aircraft” substitute “a person operating, or a person acting as agent of a person operating, an international service”, and (ii) in sub-paragraph (1)(b) for the words “a person concerned in the management of a port” substitute “an occupier of, or a person concerned with the management of a terminal control point or of an international station”, and (iii) in sub-paragraph (2)(a) for the words “the port” substitute “the terminal control point or the international station”.

Signed

James Brokenshire — Minister of State — Home Office — 8th July 2014

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

Article 2 of this Order amends the Channel Tunnel (International Arrangements) Order 1993. The provisions modify section 27 of the Immigration Act 1971, and paragraphs 5 and 5B of Schedule 2 to that Act to cover trains arriving in and departing from the United Kingdom via the Channel Tunnel.

Footnotes

[^f00001]: 1987 c. 53. The appropriate Minister is defined at section 13(1) of that Act.

[^f00002]: S.I. 1993/1813. Relevant amending instruments are S.I. 1994/1405, S.I. 2000/913, S.I. 2000/1775, S.I. 2001/1544, S.I. 2001/3707 and S.I. 2007/3579.

[^f00003]: 1971 c. 77. Section 27(c) was partly repealed by the Immigration, Asylum and Nationality Act 2006 (c. 13), Schedule 3, paragraph 1.

[^f00004]: Paragraph 5B of Schedule 2 to the 1971 Act was inserted by paragraph 6 of Schedule 8 to the Immigration Act 2014 (c. 22).