The Channel Tunnel (Application of Road Traffic Enactments) Order 1994

Statutory Instruments

1994 No. 970

CHANNEL TUNNEL

The Channel Tunnel (Application of Road Traffic Enactments) Order 1994

Made

29th March 1994

Coming into force

5th April 1994

The Secretary of State for Transport, in exercise of the powers conferred by section 23 of the Channel Tunnel Act 1987(1), and of all other enabling powers, and after consultation with the Concessionaires in accordance with subsection (6) of that section, hereby makes the following Order:

Citation and commencement

1.  This Order may be cited as the Channel Tunnel (Application of Road Traffic Enactments) Order 1994 and shall come into force on 5th April 1994.

Interpretation

2.  In this Order, "the deposited plan" means the plan marked "The Channel Tunnel (Application of Road Traffic Enactments) Order 1994", signed by authority of the Secretary of State for Transport, dated 16th March 1994 and deposited at the Department of Transport Parliamentary Library, Room P3/001, 2 Marsham Street, London SW1P 3EB

Application of road traffic enactments

3.  For the purposes of subsection (5) of section 23 of the Channel Tunnel Act 1987, the date for the application of the enactments relating to road traffic to any tunnel system road is 5th April 1994.

Functions conferred on the Concessionaires

4.  The functions exercisable by a local authority under the Road Traffic Regulation Act 1984(2)and under any subordinate legislation within the meaning of the Interpretation Act 1978(3)made thereunder shall be conferred upon the Concessionaires.

Tunnel system roads to which the road traffic enactments shall not apply

5.  The enactments relating to road traffic shall not apply in relation to the following tunnel system roads—

(a) the service tunnel road between the entry to the tunnel service area and the frontier, which road is indicated coloured red and marked 1 on the deposited plan;

(b) the three paved areas between the loading platforms, which areas are indicated coloured red and marked 2 on the deposited plan;

(c) the area of hard standing around the maintenance facility and the adjoining loop alongside the adjacent railway tracks, which area and loop are indicted coloured red and marked 3 on the deposited plan.

Signed by authority of the Secretary of State for Transport

Roger Freeman

Minister of State,

Department of Transport

29th March 1994

Explanatory Note

(This note is not part of the Order)

This Order specifies 5th April 1994 as the date upon which the enactments relating to road traffic start to apply to roads in the Channel Tunnel system (article 3). It also confers on the Concessionaires functions which are exercisable under the Road Traffic Regulation Act 1984 by a local authority (article 4). Finally, it provides that the road traffic enactments shall not apply to certain roads in the system (article 5).

The deposited plan referred to in article 2 can be seen between 10.00 and 16.00 hours at the Department of Transport at the address given in article 2 of the Order as well as at the Eurotunnel Customer Service Centre at Cheriton Parc, St. Martin's Plain, Cheriton, Folkestone, where a certified duplicate is deposited and can be inspected during normal office hours.

(1)

1987 c. 53.

(2)

1984 c.27. Relevant amendments have been made to this Act by the Local Government Act 1985 (c.51), section 8(1), Part I of Schedule 5, and Schedule 17; the Road Traffic Regulation (Parking) Act 1986 (c.27), sections 1 and 2; the Parking Act 1989 (c.16), sections 1 to 3, and paragraphs 1 to 9 of the Schedule; the New Roads and Street Works Act 1991 (c.22), Part II of Schedule 8, and Schedule 9; the Road Traffic (Temporary Restrictions) Act 1991 (c.26), section 1 and Schedules 1 and 2; the Road Traffic Act 1991 (c.40), sections 41, 42, 44, 45, 64, paragraphs 24 to 37 of Schedule 4, and Schedule 8.

(3)

1978 c.30.