Part III Status, Operation and Regulation of the Tunnel System

Miscellaneous

F130 Rating.

In Schedule 3 to the M1Local Government Act 1974 (hereditaments in relation to which a method for fixing or determining rateable value may be specified by the Secretary of State under section 19 of that Act), there shall be inserted at the end—

“10

(1)

Any hereditament consisting of channel tunnel premises occupied by the Concessionaires or by any subsidiary of theirs.

(2)

For the purposes of this paragraph—

(a)

“channel tunnel premises” means premises comprised in the tunnel system within the meaning of the Channel Tunnel Act 1987;

(b)

“Concessionaires” has the same meaning as in that Act; and

(c)

“subsidiary”, in relation to the Concessionaires—

(i)

means a body corporate which is a subsidiary of theirs or, where the Concessionaires are for the time being two or more persons, of any of them, within the meaning of the M2Companies Act 1985; and

(ii)

where the Concessionaires are for the time being two or more persons, includes a body corporate which would be a subsidiary of theirs within the meaning of that Act if the Concessionaires were a single body corporate.”

31 Building regulations.

(1)

Nothing in Part I of the M3Building Act 1984 (building regulations), and nothing in any building regulations, shall apply in relation to any building comprised in the tunnel system unless the building is, within the meaning of that Act, a house or a hotel.

(2)

Section 4 of that Act (exemption from building regulations of certain buildings, other than houses, which belong to statutory undertakers) shall not apply in relation to any building comprised in the tunnel system.

F232 Exclusion of rights under electronic communications code

No rights shall be exercisable by any person by virtue of the electronic communications code in relation to any land comprised in the tunnel system and lying in or under the bed of the sea.

33 Competition, etc.

F3(1)

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F4(2)

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F3(3)

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F3(4)

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F4(5)

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F4(6)

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F4(7)

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F3(8)

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F3(9)

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(10)

In section 137(3) of the Act of 1973 (which defines “the supply of services” for the purposes of that Act and, by virtue of section 33(2) of the Act of 1980, for the purposes also of sections 2 to 24 of the latter Act) there shall be added after paragraph (d)—

“and

(e)

includes the making of arrangements permitting use of the tunnel system (within the meaning of the Channel Tunnel Act 1987) by a person operating services for the carriage of passengers or goods by rail.”

F5(11)

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(12)

In this section—

“the Act of 1973” means the M4Fair Trading Act 1973;

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F7...

F7...

F6. . .

34 Supplementary provisions with respect to orders under Part III.

(1)

Any power to make an order conferred on the Secretary of State or the appropriate Minister by any provision of this Part of this Act shall be exercisable by statutory instrument.

(2)

Subject to subsection (3) below, any statutory instrument containing an order made under any such provision shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(3)

Subsection (2) above—

(a)

shall not apply to a statutory instrument containing an order under F8section 10(8) or 23(5) of this Act; and

(b)

shall not apply to a statutory instrument containing an order made under section 11 of this Act if a draft of the instrument containing the order has been approved by resolution of each House of Parliament before the order is made.

(4)

Any order made by the Secretary of State or the appropriate Minister under this Part of this Act may make different provision for different cases or classes of case to which the order applies.

(5)

It is hereby declared that, notwithstanding that orders under section 11 of this Act may affect individuals or bodies corporate outside the United Kingdom, any provision made by any such order that does affect such individuals or bodies corporate applies whether or not those individuals are British subjects or those bodies corporate are incorporated in any part of the United Kingdom.