The Channel Tunnel (International Arrangements) Order 2005

Citation, commencement and extent

1.—(1) This Order may be cited as the Channel Tunnel (International Arrangements) Order 2005 and shall come into force on 19th December 2005.

(2) This Order does not apply to the rail transport activities of the Concessionaires in respect of any shuttle service, as defined in section 1(9) of the Channel Tunnel Act 1987.

Interpretation

2.  In this Order—

• “Concession” and “Concessionaires” have the meaning given in article 1 of the Treaty;

• “Directives” means—

  (a)

  Council Directive 91/440/EEC dated 29th July 1991 on the development of the Community’s railways(1), as amended by Directive 2001/12/EC dated 26th February 2001(2) and Directive 2004/51 dated 29th April 2004(3), both of the European Parliament and of the Council;

  (b)

  Council Directive 95/18/EC dated 19th June 1995 on the licensing of railway undertakings(4), as amended by Directive 2001/13/EC dated 26th February 2001(5) of the European Parliament and of the Council; and

  (c)

  Directive 2001/14/EC dated 26th February 2001 on the allocation of railway infrastructure capacity and the levying of charges for the use of railway infrastructure and safety certification(6) of the European Parliament and of the Council;

• “Fixed Link” and “Channel fixed link” means the Channel fixed link as defined in Article 1(2) of the Treaty;

• “infrastructure manager”, “international grouping” and “railway undertaking” have the same meanings as in Council Directive 91/440/EEC dated 29th July 1991 on the development of the Community’s railways, as amended by Directive 2001/12/EC dated 26th February 2001 and Directive 2004/51 dated 29th April 2004, both of the European Parliament and of the Council;

• “Intergovernmental Commission” means the Commission established pursuant to Article 10 of the Treaty;

• “international articles” means the provisions set out in the Schedule;

• “Principals” means the Secretary of State for Transport in the Government of the United Kingdom of Great Britain and Northern Ireland or such other person as may from time to time be designated by such Government to assume his functions under or pursuant to the Concession, and the French Republic represented by the Minister responsible for Transport or any other authority designated for that purpose; and

• “Treaty” means 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(7).

Application of international articles

3.  The international articles shall come into force and have the force of law in the United Kingdom on the date provided for in article 13.2 of those articles. The Secretary of State shall give notice of that date in the London, Edinburgh and Belfast Gazettes.

Regulatory body

4.—(1) The Intergovernmental Commission is designated as the regulatory body for the Channel fixed link, and must carry out the functions assigned to, and comply with the obligations imposed on, that body by article 12 of the international articles.

(2) Without prejudice to the right of any person to make an application for judicial review in accordance with article 12.5 of the international articles, a decision by the Intergovernmental Commission in accordance with its functions under article 12 of those articles is binding on all parties covered by that decision.

(3) Where a decision of the Intergovernmental Commission as described in paragraph (2) contains a direction to any infrastructure manager, international grouping or railway undertaking as to the remedial action to be taken, that infrastructure manager, international grouping or, as the case may be, railway undertaking is under an obligation to comply with that direction.

Application of civil law

5.—(1) The obligation to comply with—

(a) article 4(3) of this Order; or

(b) article 4 of the international articles,

shall be a duty owed to any person who may be affected by a breach of that obligation and shall be actionable by any such person who sustains loss, damage or injury caused by the breach at the suit or instance of that person.

(2) In any proceedings brought against an infrastructure manager, international grouping or railway undertaking under paragraph (1), it shall be a defence for it to prove that it took all reasonable steps and exercised all due diligence to avoid a breach of the duty.

Signed by authority of the Secretary of State for Transport

Derek Twigg

Parliamentary Under Secretary of State,

Department for Transport

17th November 2005