Statutory Instruments
CHANNEL TUNNEL
Made
20th May 1991
Coming into force
21st May 1991
The Secretary of State for Transport, in exercise of the powersconferred by section 10(8) of the Channel Tunnel Act 1987(1)and of all other enabling powers, hereby makes thefollowing Order:
1. This Order may be cited as the Channel Tunnel Rail Link (EffectiveJoining) Order 1991 and shall come into force on the 21st May 1991.
2. It is hereby certified that the date upon which the English sectioneffectively joins the French section is 30th November 1992.
Signed by authority of the Secretary of State for Transport
Roger Freeman
Minister of State,
Department of Transport
20th May 1991
(This note is not part of the Order)
The Channel Tunnel Act 1987 (“the Act”) provides for the construction and operation of a tunnel rail linkunder the English Channel between the United Kingdom and France inaccordance with—
(a)the Treaty between the United Kingdom of Great Britain and NorthernIreland and the French Republic concerning the Construction andOperation by Private Concessionaires of a Channel Fixed Link, signed atCanterbury on 12th February 1985 (Cmnd. 9745) (“the Treaty”), together with its supplementary protocols and arrangements; and
(b)the Concession between Her Majesty’s Government in the UnitedKingdom and the Government of the French Republic on the one hand andprivate Concessionaires on the other hand.
Section 10 of the Act (incorporation of part of the tunnel system into the United Kingdom and general application of law) provides inter aliathat, if any part of the tunnel system (as defined in section 1(7)of the Act) constructed by or on behalf of the Concessionaires workingfrom England (“the English section”) extends beyond the frontier between England and France (as definedin section 49(1) of the Act) before it effectively joins the part of thetunnel system constructed by or on behalf of the Concessionaires workingfrom France (“the French section”), until the English section effectively joins the French section,any such cross-frontier extension shall be treated as being in Englandand, except for rating purposes, as forming part of the county of Kentand the law of England shall apply there.
This section implements Article 3(3) of the Treaty. By an Exchangeof Notes coming into force on 9th November 1990 (Cm 1495) regarding theapplication of that provision the High Contracting Parties agreed thatthe date of effective connection there referred to would be such date asthe Intergovernmental Commission (established by Article 10 of theTreaty) shall fix being a date not later than 31st December 1992.Accordingly at its meeting in Paris on 20th February 1991 theIntergovernmental Commission fixed 30th November 1992 as the date ofeffective connection.
Pursuant to subsection (8) of that section this Order certifies 30thNovember 1992 as being the date on which the English section effectivelyjoins the French section.
Copies of the document authenticating the decision of theIntergovernmental Commission fixing that date may be obtained from theDepartment of Transport, Room S10/18, Channel Tunnel Division,Department of Transport, 2 Marsham Street, London, SW1P 3EB.