CHANNEL TUNNEL Citation and commencement 1 1 This Order may be cited as the Channel Tunnel (Miscellaneous Provisions) Order 1994 and, except as provided in paragraphs (2) and (3) below, shall come into force on the date on which the Agreement between the Government of the Kingdom of Belgium, the Government of the French Republic and the Government of the United Kingdom of Great Britain and Northern Ireland Concerning Rail Traffic between Belgium and the United Kingdom Using the Channel Fixed Link enters into force. That date will be notified in the London, Edinburgh and Belfast Gazettes. 2 Article 8 shall, to the extent necessary to give effect to those of the amendments specified in Schedule 4 that are mentioned in paragraph (3) below, come into force on 1st July 1994. 3 The amendments are— a those specified in paragraphs 6, 8(b), 9, 10 and 12 of Schedule 4, and b those specified in paragraph 11 of Schedule 4 except the amendments to paragraphs 1(11)(d) and 3(b) of Schedule 4 to the 1993 Order . Interpretation 2 1 In this Order, except for the purpose of construing the tripartite articles, and in any enactment as applied by it with modifications, any expression for which there is an entry in the first column of Schedule 1 has the meaning given against it in the second column. 2 In this Order “the authorised purposes” means— a purposes for which provision is authorised by any of paragraphs (a), (d) and (g), and b purposes connected with any matter in relation to or with respect to or for regulating which provision is authorised by any of paragraphs (c), (e), (f) and (h), of section 11(1) of the Channel Tunnel Act 1987. 3 In this Order “the tripartite articles” means the provisions set out— a in Part I of Schedule 2 (being Articles or parts of Articles of the Agreement mentioned in article 1 above), and b in Part II of Schedule 2 (being Articles or parts of Articles of the Protocol attached to and forming part of that Agreement); c in Part III of Schedule 2 (being Articles or parts of Articles of the Protocol attached to and forming part of the Agreement, as applied by the Administrative Arrangement to immigration controls upon persons travelling between the United Kingdom and Belgium on international trains making a commercial stop) ; d in Part IV of Schedule 2 (being Articles or parts of Articles of the Protocol attached to and forming part of the Agreement as applied by the Bilateral Agreement to immigration controls on passengers travelling on international trains between Belgium and the United Kingdom making a commercial stop), and in the tripartite articles the expression “the Fixed Link” shall for the purposes of this Order be taken to have the same meaning as is given to “the tunnel system” by section 1(7) of the Channel Tunnel Act 1987. Application of tripartite articles 3 1 The tripartite articles shall have the force of law in the United Kingdom— a within a control zone, and b elsewhere for the authorised purposes only. 2 Subject to paragraph (4), without prejudice to paragraph (1) officers belonging to the Kingdom of Belgium and officers belonging to the French Republic shall to the extent specified in the tripartite articles have rights and obligations and powers to carry out functions in the United Kingdom. 3 Subject to paragraph (4), for the purpose of giving full effect to Article 17 of the Part II provisions , Article 17 of the Part III provisions and Article 17 of the Part IV provisions (accommodation, etc., for Belgian authorities) the appropriate Minister may by written notice require any occupier or person concerned with the management of a terminal control point to provide such accommodation, installations and equipment as may be necessary to satisfy requirements determined under Article 16 of the Protocol mentioned in article 2(3)(b) above , under that Article as applied by Article 3 of the Administrative Arrangement and under that Article as applied by Article 4 of the Bilateral Agreement (which requires the competent authorities of the Kingdom of Belgium and of the United Kingdom to determine their respective requirements in consultation with one another). 4 Nothing in this article implies the existence of a control zone in the station of London-Waterloo on British Territory. Application of enactments 4 1 All frontier control enactments shall for the purpose of enabling officers belonging to the United Kingdom to carry out frontier controls extend— a to France within a control zone, and b to Belgium within a control zone. 1A The Race Relations Act 1976 shall apply to the carrying out by immigration officers of their functions in a control zone outside the United Kingdom as it applies to the carrying out of their functions within the United Kingdom. 2 For the purposes of section 207 of the Data Protection Act 2018 (“ the 2018 Act ”), data which is processed in a control zone in Belgium, in connection with the carrying out of frontier controls, by an officer belonging to the United Kingdom is to be treated as processed by a controller established in the United Kingdom in the context of the activities of that establishment (and accordingly the 2018 Act applies in respect of such data). 3 For the purposes of section 207 of the 2018 Act, data which is processed in a control zone in Belgium, in connection with the carrying out of frontier controls, by an officer belonging to the Kingdom of Belgium is to be treated as processed by a controller established in the Kingdom of Belgium in the context of the activities of that establishment (and accordingly the 2018 Act does not apply in respect of such data). Application of criminal law 5 1 Any act or omission which— a takes place outside the United Kingdom in a control zone, and b would, if taking place in England, constitute an offence under a frontier control enactment, shall be treated for the purposes of that enactment as taking place in England. 2 Summary proceedings for anything that is by virtue of paragraph (1) an offence triable summarily or triable either way may be taken, and the offence may for all incidental purposes be treated as having been committed, in the county of Kent or in the inner London area as defined in section 2(1)(a) of the Justices of the Peace Act 1979 . 3 Any jurisdiction conferred by virtue of paragraphs (1) and (2) on any court is without prejudice to any jurisdiction exercisable apart from this article by that or any other court. 4 Where it is proposed to institute proceedings in respect of an alleged offence in any court and a question as to the court’s jurisdiction arises under Article 11(2) of the Part I provisions, it shall be presumed, unless the contrary is proved, that the court has jurisdiction by virtue of that Article. Powers of officers 6 Schedule 3 (which contains provision as to powers exercisable by constables and other officers) shall have effect. Enactments modified 7 1 Without prejudice to the generality of articles 4(1) and 5(1), the enactments specified in paragraph (2) shall— a in their application to France and Belgium by virtue of article 4(1), and b in their application to the United Kingdom for the authorised purposes, have effect with modifications the same as those set out in Schedule 4 to the 1993 Order. 2 The enactments are— a the Immigration Act 1971; b the Public Health (Control of Disease) Act 1984; c the Immigration and Asylum Act 1999; d the Terrorism Act 2000; e the Immigration, Asylum and Nationality Act 2006; and f the UK Borders Act 2007. 3 Nothing in paragraph (1)(b) implies the presence of a control zone in the station of London-Waterloo on British Territory. Amendments of instruments 8 The instruments mentioned in Schedule 4 shall have effect with the amendments there specified. Mackay of Clashfern, C. 19th May 1994 Michael Howard One of Her Majesty’s Principal Secretaries of State Home Office 23rd May 1994 Signed by authority of the Secretary of State of Health Cumberlege Parliamentary Under Secretary of State Department of Health 23rd May 1994 Gillian Shephard Minister of Agriculture, Fisheries and Food 23rd May 1994 Martin Brown Commissioner of Customs and Excise 24th May 1994