The Channel Tunnel (Arrangements with the Kingdom of the Netherlands) (Amendment) Order 2021
UK Statutory Instrument 2021 No. 1190 — creates 2 criminal offences.
- Made
- 26 October 2021
- 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.
This Order implements into United Kingdom law the provisions of the Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Kingdom of the Netherlands concerning Border Controls on Rail Traffic between the Netherlands and the United Kingdom using the Channel Fixed Link, done at the Hague on 10 July 2020 (the “Bilateral Agreement”) that relate to officer powers. Article 2 amends the Channel Tunnel (Arrangements with the Kingdom of the Netherlands) (Amendment) Order 2020 (S.I. 2020/916)(“the 2020 Order”) to insert a new Schedule 2 setting out the powers available to officers of both Contracting Parties while carrying out their functions in the territory of the other State. It also provides for this Schedule to be revoked from the date upon which 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 amending and supplementing the Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland, the Government of the Kingdom of Belgium and the Government of the French Republic concerning Rail Traffic between Belgium and the United Kingdom using the Channel Fixed Link with Protocol, done at Brussels on 15 December 1993, done at Brussels (“the Quadripartite Agreement”) on 7 July 2020 comes into force. The Quadripartite Agreement makes separate provision for these powers from the date on which it comes into force. Finally, it inserts two paragraphs of Article 16 of the Bilateral Agreement into Schedule 1 of the 2020 Order. Those paragraphs confirm that parts of the Agreement shall also cease to have effect from the date on which the Quadripartite Agreement comes into force. 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
- Powers of arrest and detention outside United Kingdom paragraph 2(3) of SCHEDULE · Status not determined · Strict liability
- Powers of arrest and detention outside United Kingdom paragraph 2(3)(a) of SCHEDULE · Status not determined · Strict liability
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.
- Committee
- Drawn to the special attention of the Houses by a scrutiny committee
Procedural history
- Instrument created 26 October 2021
- Instrument made (signed into law) 26 October 2021
- Laid before the House of Commons 28 October 2021 · Commons
- Laid before the House of Lords 28 October 2021 · Lords
- Considered by the Secondary Legislation Scrutiny Committee (SLSC) 9 November 2021 · Lords
- No comment by the Secondary Legislation Scrutiny Committee (SLSC) 9 November 2021 · Lords
- Objection period ends 6 December 2021
- Instrument remains law 6 December 2021
- Procedure concluded in the House of Commons and the House of Lords 6 December 2021 · Commons, Lords
- Considered by the Joint Committee on Statutory Instruments (JCSI) 12 January 2022 · Commons, Lords
- Drawn to the special attention of the Houses by the Joint Committee on Statutory Instruments (JCSI) 12 January 2022 · Commons, Lords
- Joint Committee on Statutory Instruments (JCSI) draws the special attention of both Houses to the instrument on the grounds that it requires elucidation 12 January 2022 · Commons, Lords
- Instrument comes into force as law Date not recorded
From Parliament's Statutory Instruments service. Parliamentary material is reused under the Open Parliament Licence v3.0.
Check the source
- This instrument on legislation.gov.uk The authoritative text, including amendments made since
- Other instruments from 2021