The Channel Tunnel (Security) Order 1994

Power to impose restrictions in relation to Channel Tunnel trains

13.—(1) For purposes to which this Part of this Order applies, the Secretary of State may give a direction in writing to the Concessionaires or to the owner, operator or train manager of any Channel Tunnel train requiring that person—

(a) not to cause or permit persons or property to go or be taken on board any Channel Tunnel train to which the direction relates, or to come or be brought into proximity to any such Channel Tunnel train, unless such searches of those persons or that property as are specified in the direction have been carried out by persons of a description specified in the direction or by constables, or

(b) not to cause or permit any such Channel Tunnel train to be put into service or moved unless such searches of the train as are specified in the direction have been carried out by persons of a description so specified or by constables.

(2) For purposes to which this Part of this Order applies, the Secretary of State may give a direction in writing to the Concessionaires or the owner, operator or train manager of any Channel Tunnel train requiring them or him not to cause or permit the train to be put into service or moved unless such modifications or alterations of the train, or of apparatus or equipment installed in or carried on board the train, as are specified in the direction have first been carried out, or such additional apparatus or equipment as is so specified is first installed in or carried on board the train.

(3) In giving any directions under paragraph (2) above, the Secretary of State shall allow, and shall specify in the direction, such period as appears to him to be reasonably required for carrying out the modifications or alterations or installing or obtaining the additional apparatus or equipment in question; and the direction shall not take effect before the end of the period so specified.

(4) Subject to the following provisions of this Part of this Order, a direction given to an owner, operator or train manager of a train under paragraph (1) or (2) above may be given so as to relate either to all Channel Tunnel trains of which at the time when the direction is given or at any subsequent time he is the owner, operator or train manager or only to one or more such trains specified in the direction; and a direction given to the Concessionaires under paragraph (1) or (2) above may be given so as to relate either to all Channel Tunnel trains which at the time when the direction is given or at any subsequent time are in any part of the tunnel system, or to a class of such trains specified in the direction.

(5) Subject to the following provisions of this Part of this Order, a direction under paragraph (1) above may be given so as to relate—

(a) either to all persons or only to one or more persons, or persons of one or more descriptions, specified in the direction, and

(b) either to property of every description or only to particular property, or property of one or more descriptions, so specified.

(6) Subject to the following provisions of this Part of this Order, any direction given under this article to any person not to cause or permit anything to be done shall be construed as requiring him to take all such steps as in any particular circumstances are practicable and necessary to prevent that thing from being done.

(7) A direction may be given under this article to a person appearing to the Secretary of State to be about to become such a person as is mentioned in paragraph (1) or (2) above, but a direction given to a person by virtue of this paragraph shall not take effect until he becomes a person so mentioned and, in relation to a direction so given, the preceding provisions of this article shall apply with the necessary modifications.

(8) Any person who, without reasonable excuse, fails to comply with a direction given to him under this article is guilty of an offence and liable—

(a) on summary conviction, to a fine not exceeding the statutory maximum;

(b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or to both.

(9) Where a person is convicted of an offence under paragraph (8) above, then, if without reasonable excuse the failure in respect of which he was convicted is continued after the conviction, he is guilty of a further offence and liable on summary conviction to a fine not exceeding one tenth of level 5 on the standard scale for each day on which the failure continues.