UK Offence Report

The Channel Tunnel (International Arrangements and Miscellaneous Provisions) (Amendment) Order 2020

UK Statutory Instrument 2020 No. 915 — creates 3 criminal offences.

3offences created
0recorded in force
0revoked
Made
27 August 2020
In force from
Not determined
Extent
Not stated
Subject
Transport: maritime, aviation, rail and harbours
Made under
Channel Tunnel Act 1987

Explanatory note

(This note is not part of the Order) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.

Articles 2 to 5 of this Order amend the Channel Tunnel (International Arrangements) Order 1993 (S.I. 1993/1813). Article 4 provides that acts or omissions in relation to officers of the French Republic taking place in the United Kingdom which would constitute offences under a frontier control enactment are to be treated as having taken place in relation to officers of the United Kingdom. The other amendments to that Order update and omit some out of date legislative references in that Order. Articles 6 to 13 of, this Order amend the Channel Tunnel (Miscellaneous Provisions) Order 1994 (S.I. 1994/1405) (“the 1994 Order”). This is mainly to implement 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 (“the quadripartite agreement”) 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 (“the tripartite articles”). The Schedule to this Order substitutes Schedule 2 to the 1994 Order by setting out the tripartite articles and the attached protocol as amended by the quadripartite agreement. Article 9(5)(a) corrects an error in the 1994 Order made by an amendment contained in the Data Protection Act 2018 (c.12). Article 10(1) to (3) amends the 1994 Order to provide that acts or omissions in relation to officers of the French Republic or the Kingdom of Belgium taking place in the United Kingdom which would constitute offences under a frontier control enactment are to be treated as having taken place in relation to officers of the United Kingdom. Paragraph (4) of that article then amends those amendments to apply to acts or omissions taking place in relation to officers of a Designated State from the time the quadripartite agreement comes into force (see article 1(2) and (3)). Article 14 makes consequential amendments to other Orders and article 15 revokes the Channel Tunnel (Miscellaneous Provisions) (Amendment) Order 2014 (S.I. 2014/409). A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sectors is foreseen.

Offences created by this instrument

What Parliament said about it

Hansard was searched for this instrument by name and returned nothing. That is the ordinary outcome: an instrument laid under the negative procedure is usually never debated, and becomes law without a word said about it in either House.

How Parliament handled it

This instrument became law without a debate or a vote. Under the negative procedure it took effect unless a motion to stop it succeeded, and none was tabled.

Procedure
Made negative — law unless a motion to stop it succeeded
Could either House amend it?
No. A statutory instrument is put to each House as a whole thing, to be approved or not. Neither House can change a word of it.

Procedural history

From Parliament's Statutory Instruments service. Parliamentary material is reused under the Open Parliament Licence v3.0.

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