Channel Tunnel Act 1987

26 Operation of the tunnel system on a temporary basis where practicable on termination of the Concession

(1) Subject to section 27 of this Act and the following provisions of this section, if on the expiry or termination of the Concession the construction of the Concessionaires' scheduled works has been completed or has reached a stage so near completion that it is practicable to operate the tunnel system or any part of it, the Secretary of State is authorised by this section—

(a) in collaboration with any Minister or department of the Government of the French Republic; and

(b) in accordance with any arrangements made, in pursuance of Article 17 of the Treaty, between that Government and Her Majesty's Government in the United Kingdom with respect to the continued operation of the tunnel system by those Governments;

to manage, operate and maintain the tunnel system or (as the case may be) such part of it as it is practicable to operate.

(2) The Secretary of State may not by virtue of this section continue to participate in the management, operation or maintenance of the tunnel system after the end of the period of three months beginning with the date of the expiry or termination of the Concession.

(3) During any period when this section has effect—

(a) the Secretary of State is responsible for the exercise of any relevant functions of the Concessionaires under this Act in relation to the tunnel system or (as the case may be) in relation to any part of it to which the arrangements mentioned in subsection (1)(b) above apply; and

(b) references in provisions of this Act relating to those functions to the Concessionaires shall be read as references to the Secretary of State.