Statutory Instruments
2013 No. 407
Channel Tunnel
Health And Safety
The Channel Tunnel (Safety) (Amendment) Order 2013
Made
25th February 2013
Laid before Parliament
28th February 2013
Coming into force in accordance with article 1(2)
The Secretary of State for Transport makes this Order in exercise of the powers conferred on the appropriate Minister by section 11(1)(a), and (g), (2)(a) and (b) and (3)(a), (b) and (f) of the Channel Tunnel Act 1987( 1 ) and by section 2(2) of the European Communities Act 1972( 2 ), as read with paragraph 1A of Schedule 2 to the latter Act.
This Order makes provision for a purpose mentioned in section 2(2) of the European Communities Act 1972, and it appears to the Secretary of State that it is expedient for certain references to provisions of EU instruments to be construed as a reference to those provisions as amended from time to time( 3 ).
The Secretary of State is a Minister designated for the purposes of section 2(2) of the European Communities Act 1972 in relation to measures relating to railways and railway transport( 4 ).
Citation, commencement and extent
1. —(1) This Order may be cited as the Channel Tunnel (Safety) (Amendment) Order 2013.
(2) This Order comes into force on the date on which the regulation of the Intergovernmental Commission to amend the bi-national regulation of the IGC of 24 January 2007 on the safety of the Channel Fixed Link, done on 6th February 2013( 5 ) (being a regulation drawn up under article 10(3)(e) of the Treaty between the United Kingdom of Great Britain and Northern Ireland and the French Republic concerning the construction and operation by private concessionaires of a Channel fixed link signed at Canterbury on 12th February 1986( 6 )) comes into force, as provided for in article 2 of that regulation.
(3) The Secretary of State shall give notice in the London, Edinburgh and Belfast Gazettes of the date provided for in paragraph (2) .
(4) Subject to paragraph (5) , this Order does not extend to Northern Ireland.
(5) The following provisions extend to Northern Ireland—
(a) article 2(1) , to the extent that it relates to article 2(2) , 2(3) and 2(6) ,
(b) article 2(2) ,
(c) article 2(3), and
(d) article 2(6) .
Amendment of the Channel Tunnel (Safety) Order 2007
2. —(1) The Channel Tunnel (Safety) (Order) 2007( 7 ) is amended as follows.
(2) In article 1(2), omit “Subject to paragraph (3),”, and, for “this”, substitute “This”.
(3) Omit article 1(3).
(4) In article 4(4)—
(a) in sub-paragraph (a), after “52(a) and (b)”, insert “,55A, 55B”, and
(b) in sub-paragraph (b)(i), for “authorisation of rolling stock”, substitute “vehicle authorisation”.
(5) In article 6(1), after “52(a) and (b)”, insert “,55A, 55B”.
(6) Omit article 9.
(7) After article 10 insert—
“ Review
11. —(1) The Secretary of State must from time to time—
(a) carry out a review of this Order,
(b) set out the conclusions of the review in a report, and
(c) publish the report.
(2) In carrying out the review the Secretary of State must, so far as is reasonable, have regard to how Directive 2004/49/ EC of the European Parliament and of the Council on safety on the Community’s railways and amending Council Directive 95/18/EC on the licensing of railway undertakings and Directive 2001/14/EC on the allocation of railway infrastructure capacity and the levying of charges for the use of railway infrastructure and safety certification ( 8 ) , and Directive 2008/57/EC of the European Parliament and of the Council on the interoperability of the rail system within the Community (Recast) ( 9 ) , are implemented in other member States.
(3) The report must in particular—
(a) set out the objectives intended to be achieved by the regulatory system established by this Order,
(b) assess the extent to which those objectives are achieved, and
(c) assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved with a system that imposes less regulation.
(4) The first report under this article must be published before the end of the period of five years beginning with the day on which the Channel Tunnel (Safety) (Amendment) Order 2013 comes into force.
(5) Subsequent reports under this Order are to be published at intervals not exceeding five years. ”
(8) For the content of the Schedule, substitute the content of the Schedule to this Order.
Signed by authority of the Secretary of State for Transport
Simon Burns
Minister of State
Department for Transport
25th February 2013
Article 2(8)
SCHEDULE Regulation of the Intergovernmental Commission on the safety of the Channel Fixed Link as amended
1987 c.53 . “Appropriate Minister” is defined in section 13(1) of that Act.
1972 c.68 . Section 2(2) was amended, and paragraph 1A of Schedule 2 was inserted, by the Legislative and Regulatory Reform Act 2006 (c.51 , sections 27(1)(a) and 28). Both are amended by the European Union (Amendment) Act 2008 (c.7. Part 1 of the Schedule) and paragraph 1A of Schedule 2 is also amended by S.I. 2007/1388 .
Article 1(iii )of the regulation in the Schedule to this Order makes such a reference.
S.I. 1996/266 , to which there are amendments not relevant for these Regulations.
That regulation amends the regulation of the Intergovernmental Commission on the Safety of the Channel Fixed Link done on 24 January 2007 (“the 2007 bi-national regulation”), the text of which appeared originally in the Schedule to S.I. 2007/3531 ; the 2007 bi-national regulation appears, as amended by the regulation of the Intergovernmental Commission to amend the bi-national regulation of the IGC of 24 January 2007 on the safety of the Channel Fixed Link, done on 6th February 2013, in the Schedule to this Order. The amending regulation provides in its article 2 that the process for its entry into force will be as follows: “Each Government shall notify the other of the completion of its necessary internal procedures to enable this Regulation to enter into force. This Regulation shall enter into force on the date when both Governments have received from one another the documents containing these notifications. ”
Presented to Parliament by the Secretary of State for Foreign and Commonwealth Affairs by Command of Her Majesty, February 1986, and published as Treaty Series No. 15 (1992), Command Paper 1827 (out of print but copies may be obtained from the British Library; also available at http://www.channeltunneligc.co.uk/Essential-texts,24.html?lang=en ). The Treaty (at Article 10) established the Intergovernmental Commission to supervise, in the name of the Governments of the United Kingdom and the French Republic all matters concerning the construction and operation of the Channel fixed link.
OJ No. L 164, 30.4.2004, p. 44, as amended by Directive 2008/57/EC (OJ No. L 191, 18.7.2008, p.1), Directive 2008/110/EC (OJ No. L 345, 23.12.2008, p.62) and Directive 2009/149/EC (OJ No. L 313, 28.11.2009, p.65).
OJ No. L 191, 18.7.2008, p. 1, as amended by Directive 2009/131/EC (OJ No. L 273, 17.10.2009, p.12) and Directive 2011/18/EU (OJ No. L 57, 2.3.2011, p.21).