Channel Tunnel Act 1987

1 Construction and operation of a tunnel rail link between the United Kingdom and France. U.K.

(1) The primary purpose of this Act is to provide for the construction and operation of a tunnel rail link (together with associated works, facilities and installations) under the English Channel between the United Kingdom and France, in accordance with—

(a) 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, together with its supplementary protocols and arrangements; and

(b) the Concession between Her Majesty’s Government in the United Kingdom and the Government of the French Republic on the one hand and private Concessionaires on the other hand which, in accordance with Article 1 of that Treaty, regulates, together with that Treaty, the construction and operation of the Channel fixed link referred to in that Article.

(2) In connection with the primary purpose mentioned in subsection (1) above, Part II of this Act also makes provision for enabling—

(a) the road network in the vicinity of Ashford, in Kent; and

(b) the rail network in South Eastern England;

to be improved with a view to accommodating traffic using the tunnel rail link when it comes into operation.

(3) Subject to section 3 of this Act, the expressions defined below in this section have the meanings there given for the purposes of this Act.

(4) “The Treaty” means the Treaty mentioned in paragraph (a) of subsection (1) above, including its supplementary protocols and arrangements, and “the Concession” means the Concession mentioned in paragraph (b) of that subsection.

(5) “Concession agreement” means any agreement or arrangement which for the time being constitutes, or is included among the agreements or arrangements which together for the time being constitute, the Concession.

(6) “Concession lease” means any lease granted by the Secretary of State to the Concessionaires in pursuance of the Concession, and references to a Concession lease include any provisions of a Concession agreement providing for the grant of a lease of any land by the Secretary of State to the Concessionaires.

(7) “The tunnel system” means the tunnel rail link, together with its associated works, facilities and installations, to be constructed in pursuance of the Treaty, and incorporating—

(a) tunnels under the English Channel between Cheriton, Folkestone, in Kent and Fréthun in the Pas de Calais, comprising two main tunnels capable of carrying both road traffic on shuttle trains and rail traffic, and an associated service tunnel;

(b) two terminal areas, for controlling access to and egress from the tunnels, located at the portals of the tunnels in the vicinity of Cheriton, Folkestone and Fréthun respectively;

(c) a service and maintenance area at the Old Dover Colliery site;

(d) an inland clearance depot at Ashford, in Kent, for the accommodation, in connection with the application to them of customs and other controls, of freight vehicles which have been or are to be conveyed through the tunnels on shuttle services;

(e) necessary links with the road and rail networks of each country; and

(f) the fixed and movable equipment needed for the operation of the tunnels and the associated works, facilities and installations mentioned in paragraphs (b) to (e) above or for the operation of shuttle services using the tunnels.

(8) “The Concessionaires” means the person or persons who, under the Concession, have for the time being the function of constructing and operating or (as the case may be) of operating the tunnel system.

(9) “Shuttle train” means a train designed for the purpose of carrying road traffic between Cheriton, Folkestone and Fréthun by way of the tunnels and “shuttle service” means a service operated by means of a shuttle train.

(10) Where the Concessionaires for the time being are two or more persons, any provision of this Act conferring or imposing upon them any right, power, liability or duty shall have effect (except where the context otherwise requires) so as to confer or impose it upon them jointly; but anything done by or in relation to any one of them which purports to be done by or in relation to both or all of them shall have effect for the purposes of this Act as if done by or in relation to them jointly.

Modifications etc. (not altering text)

C1 S. 1(7) applied (17.1.2000) by S.I. 1999/3443, arts. 10(3)(b), 11(b)

C2 S. 1(7)(b) applied (1.9.1994) by 1994 c. 23, ss. 30, 101(1), Sch. 8 Pt. II Group. 14