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Statutory Instruments

2015 No. 785

Railways

The Channel Tunnel (International Arrangements) (Charging Framework and Transfer of Economic Regulation Functions) Order 2015

Made

24th March 2015

Laid before Parliament

26th March 2015

Coming into force in accordance with article

The Secretary of State for Transport makes this Order in exercise of the powers conferred on the appropriate Minister by section 11of the Channel Tunnel Act 1987(1).

Citation and commencementI1

1.—(1) This Order may be cited as the Channel Tunnel (International Arrangements) (Charging Framework and Transfer of Economic Regulation Functions) Order 2015.

(2) This Order comes into force on the date when the IGC regulation comes into force, as provided for in Article 8 of that regulation.

(3) The Secretary of State for Transport must give notice in the London, Edinburgh and Belfast Gazettes of the date provided for in paragraph (2).

InterpretationI2

2. In this Order—

”the 2005 Order” means the Channel Tunnel (International Arrangements) Order 2005(2);

[F1 “ the 2016 Regulations ” means the Railway (Access, Management and Licensing of Railway Undertakings) Regulations 2016 ; F1]

“the IGC regulation” means the regulation of the Intergovernmental Commission of 23rd March 2015 transferring economic rail regulation competence from the Intergovernmental Commission to the national regulatory bodies, setting out principles for cooperation between them and establishing a charging framework for the Channel Fixed Link; and

“Intergovernmental Commission” means the Commission established pursuant to Article 10 of the Treaty( 3 ).

Application of the IGC regulationI3

3. The IGC regulation, the text of which is set out in the Schedule, has effect.

RevocationI4

4. The 2005 Order, the Channel Tunnel (International Arrangements) (Amendment) Order 2008(4) and the Channel Tunnel (International Arrangements) (Amendment) Order 2009(5) are revoked.

Supplemental provisions and savingsI5

5.—(1) This article is subject to Article 5 of the IGC regulation.

(2) In any case where [F2the 2016 RegulationsF2] , make provision equivalent to that made under or by virtue of the 2005 Order before its revocation by this Order, then—

(a)in so far as anything done by any person under or by virtue of the 2005 Order could have been done by that person under such provisions of [F3the 2016 RegulationsF3] , it is to have effect as if so done; and

(b)in so far as anything that is in the process of being done by any person under or by virtue of the 2005 Order, immediately before its revocation, could continue to be done by that person under such provisions of [F3the 2016 RegulationsF3] , it may continue to be so done.

(3) Anything done or in the process of being done by the Intergovernmental Commission under or by virtue of the 2005 Order is to be treated as done or in the process of being done by [F4the Office of Rail and RoadF4] .

Signed by authority of the Secretary of State for Transport

Kramer

Minister of State

Department for Transport

24th March 2015

Article 3

SCHEDULE Regulation transferring economic rail regulation competence from the Intergovernmental Commission to the national regulatory bodies, setting out principles for cooperation between them and establishing a charging framework for the Channel Fixed Link I6

(1)

1987 c.53. “Appropriate Minister” is defined in section 13(1) of that Act.

(2)

S.I. 2005/3207, amended by S.I. 2008/2366 and 2009/2081. All those instruments are revoked by this Order.

(3)

“Treaty” is defined in section 1(4) of the Channel Tunnel Act 1987.

Status: There are currently no known outstanding effects for The Channel Tunnel (International Arrangements) (Charging Framework and Transfer of Economic Regulation Functions) Order 2015.
The Channel Tunnel (International Arrangements) (Charging Framework and Transfer of Economic Regulation Functions) Order 2015 (2015/785)
Version from: 29 July 2016

Displaying information

Status of this instrument

in force Provision is in force
in force* In force only for specified purposes (for detail about the purposes see/hover footnote)
not in force Not in force in England (may be in force in other geographies, see footnotes)
italics Defined term
dfn Defined term (alternative style)
gry bckgrd the in-force status of the provision is complex, check the footnotes
footnote commentary transitional and savings in force status related provisions geo extent insert/omit source count in force adj
F1 Words in art. 2 substituted (E.W.S.) (29.7.2016) by The Railways (Access, Management and Licensing of Railway Undertakings) Regulations 2016 (S.I. 2016/645), reg. 1(1), Sch. 1 para. 15(2) (with reg. 4) this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary. substituted: England, Wales and Scotland substituted
F2 Words in art. 5(2) substituted (E.W.S.) (29.7.2016) by The Railways (Access, Management and Licensing of Railway Undertakings) Regulations 2016 (S.I. 2016/645), reg. 1(1), Sch. 1 para. 15(3) (with reg. 4) this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary. substituted: England, Wales and Scotland substituted
F3 Words in art. 5(2)(a)(b) substituted (E.W.S.) (29.7.2016) by The Railways (Access, Management and Licensing of Railway Undertakings) Regulations 2016 (S.I. 2016/645), reg. 1(1), Sch. 1 para. 15(4) (with reg. 4) this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary. substituted: England, Wales and Scotland substituted
F4 Words in art. 5 substituted (16.10.2015) by The Office of Rail Regulation (Change of Name) Regulations 2015 (S.I. 2015/1682), reg. 1(2), Sch. para. 10(nn) (as extended to U.K. (29.7.2016) by virtue of by S.I. 2016/645, reg. 1(1), Sch. 1 para. 5 (with reg. 4)) this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary. substituted
I1 Art. 1 in force at 15.6.2016 as notified in the London Gazette dated 24.6.2016, see art. 1(2)(3)
I2 Art. 2 in force at 15.6.2016 as notified in the London Gazette dated 24.6.2016, see art. 1(2)(3)
I3 Art. 3 in force at 15.6.2016 as notified in the London Gazette dated 24.6.2016, see art. 1(2)(3)
I4 Art. 4 in force at 15.6.2016 as notified in the London Gazette dated 24.6.2016, see art. 1(2)(3)
I5 Art. 5 in force at 15.6.2016 as notified in the London Gazette dated 24.6.2016, see art. 1(2)(3)
I6 Sch. in force at 15.6.2016 as notified in the London Gazette dated 24.6.2016, see art. 1(2)(3)
Defined Term Section/Article ID Scope of Application
Intergovernmental Commission art. 2. def_942f677758
the 2016 Regulations art. 2. def_40a3be4a81
the IGC regulation art. 2. def_5bd587124b

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