Channel Tunnel Act 1987

Termination of construction or operation U.K.

25 Maintenance of the tunnel system on termination of construction by Concessionaires. U.K.

(1) Subject to section 27 of this Act, on termination of the Concession at any time before the construction of the Concessionaires’ scheduled works is completed, the Secretary of State is authorised by this section to take such steps as appear to him to be appropriate for maintaining the tunnel system, so far as already constructed, in a safe and satisfactory condition.

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

(a) the Secretary of State is responsible, subject to subsection (1) above, for the exercise of any relevant functions of the Concessionaires under this Act in relation to the tunnel system; 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.

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

(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.

27 Limitations on exercise of Secretary of State’s powers under sections 25 and 26. U.K.

(1) Section 25 or (as the case may be) section 26 of this Act only has effect—

(a) if on the termination or (as the case may be) on the expiry or termination of the Concession the Secretary of State is satisfied that there is a reasonable prospect of agreement on a new Concession in the near future; and

(b) until either there is such agreement and the new Concession comes into operation or (as the case may be) he ceases to be so satisfied.

(2) Where either of those sections ceases to have effect on the coming into operation of a new Concession, this section is without prejudice to the subsequent operation of either of those sections on the expiry or termination of the new Concession.

28 Provisions supplementary to sections 25 to 27. U.K.

(1) The Secretary of State may by order make such modifications of the provisions of this Act, as they apply during any period when section 25 or 26 of this Act has effect, as appear to him to be necessary or expedient for the purposes or in consequence of the exercise by him of any relevant functions of the Concessionaires under this Act.

(2) References in sections 25 and 26 and in subsection (1) above to relevant functions of the Concessionaires under this Act are references—

(a) in relation to the exercise by the Secretary of State of his powers under section 25(1), to functions of the Concessionaires under Part II or V of this Act; and

(b) in relation to the exercise by the Secretary of State of his powers under section 26(1), to functions of the Concessionaires under this Part of this Act or under Part V of this Act.

(3) Below in this section—

(a) references to an authority responsible for the tunnel system are references to the Secretary of State, in relation to any period during which section 25 or 26 of this Act has effect, and otherwise to the Concessionaires;

(b) “a transfer of responsibility” means the expiry or termination of the Concession or the coming into operation of a new Concession (as the case may be); and

(c) “relevant functions” means, in relation to any such transfer, functions conferred by or under this Act for the exercise of which by virtue of that transfer one such authority ceases to be, and another such authority becomes, responsible.

(4) On any transfer of responsibility—

(a) all subsisting rights and duties conferred or imposed by any provision of this Act relating to any relevant functions on the person who ceases on that transfer to be the authority responsible for the tunnel system shall become rights and duties of the person who on that transfer becomes the authority so responsible; and

(b) anything done by any person before that transfer in the exercise of any of those functions which is in force, valid or subsisting immediately before the transfer shall continue in force and have effect as if done by the person who on that transfer becomes the authority responsible for the tunnel system.

(5) In particular, but without prejudice to the generality of paragraph (b) of subsection (4) above, any byelaws or other instrument made by one authority responsible for the tunnel system in exercise of any of the relevant functions may by virtue of that paragraph be varied or revoked by another authority so responsible, notwithstanding that the procedure applicable in relation to the making, variation or revocation of those byelaws or that instrument may, by virtue of any order made under this section with respect to the exercise of those functions by the Secretary of State, vary from one such authority to another.

29 Scheme for land on abandonment of construction or operation. U.K.

(1) Where on or at any time after the expiry or termination of the Concession it appears to the Secretary of State that the construction or operation of the tunnel system will not be resumed in the near future, the Secretary of State shall notify the district planning authority of that fact and, after consultation with them, shall make in relation to any land on which work has been done under this Act a scheme for putting it into such a condition as the scheme may provide and shall put it into such a condition in accordance with the scheme.

(2) A scheme under this section may be revoked or varied by a subsequent scheme made under this section by the Secretary of State after consultation with the district planning authority.