OpenLegislation

Article 2 InterpretationI1

United Kingdom

In this Order—

  • “Concession” and “Concessionaires” have the meaning given in article 1 of the Treaty;

  • “Directives” means—

    1. (a)

      Council Directive 91/440/EEC dated 29th July 1991 on the development of the Community’s railwaysf1, as amended by Directive 2001/12/EC dated 26th February 2001f2 F1, Directive 2004/51/EC dated 29th April 2004 and Directive 2007/58/EC dated 23rd October 2007, each of the European Parliament and of the Council;

    2. (b)

      Council Directive 95/18/EC dated 19th June 1995 on the licensing of railway undertakingsf3, as amended by Directive 2001/13/EC dated 26th February 2001f4 of the European Parliament and of the Council; and

    3. (c)

      Directive 2001/14/EC dated 26th February 2001 on the allocation of railway infrastructure capacity and the levying of charges for the use of railway infrastructure and safety certificationf5 F2as amended by Directive 2007/58/EC dated 23rd October 2007, both of the European Parliament and of the Council;

  • “Fixed Link” and “Channel fixed link” means the Channel fixed link as defined in Article 1(2) of the Treaty;

  • “infrastructure manager”, “international grouping” and “railway undertaking” have the same meanings as in Council Directive 91/440/EEC dated 29th July 1991 on the development of the Community’s railways, as amended by Directive 2001/12/EC dated 26th February 2001 F3, Directive 2004/51/EC dated 29th April 2004 and Directive 2007/58/EC dated 23rd October 2007, each of the European Parliament and of the Council;

  • “Intergovernmental Commission” means the Commission established pursuant to Article 10 of the Treaty;

  • “international articles” means the provisions set out in the Schedule;

  • F4“F5Office of Rail and Road” means the body established under section 15 of the Railways and Transport Safety Act 2003;

  • “Principals” means the Secretary of State for Transport in the Government of the United Kingdom of Great Britain and Northern Ireland or such other person as may from time to time be designated by such Government to assume his functions under or pursuant to the Concession, and the French Republic represented by the Minister responsible for Transport or any other authority designated for that purpose; and

  • “Treaty” means the Treaty between the United Kingdom of Great Britain and Northern Ireland and the French Republic concerning the construction and operation by private concessionaires of a Channel fixed link signed at Canterbury on 12th February 1986f6.

Annotations

Textual amendments

F1

Words in art. 2 substituted (29.10.2009 except in relation to Art. 3 of the Regulation which was given the force of law on 1.1.2010 as notified in the London Gazette dated 12.3.2010 (which corrected an earlier notice dated 13.11.2009)) by The Channel Tunnel (International Arrangements) (Amendment) Order 2009 (S.I. 2009/2081), arts. 1(2)(a)(3), 2(2)(a)

F2

Words in art. 2 inserted (29.10.2009 except in relation to Art. 3 of the Regulation which was given the force of law on 1.1.2010 as notified in the London Gazette dated 12.3.2010 (which corrected an earlier notice dated 13.11.2009)) by The Channel Tunnel (International Arrangements) (Amendment) Order 2009 (S.I. 2009/2081), arts. 1(2)(a)(3), 2(2)(b)

F3

Words in art. 2 substituted (29.10.2009 except in relation to Art. 3 of the Regulation which was given the force of law on 1.1.2010 as notified in the London Gazette dated 12.3.2010 (which corrected an earlier notice dated 13.11.2009)) by The Channel Tunnel (International Arrangements) (Amendment) Order 2009 (S.I. 2009/2081), arts. 1(2)(a)(3), 2(3)

F4

Words in art. 2 inserted (8.10.2008) by The Channel Tunnel (International Arrangements) (Amendment) Order 2008 (S.I. 2008/2366), arts. 1, 2(2)

F5

Words in art. 2 substituted (16.10.2015) by The Office of Rail Regulation (Change of Name) Regulations 2015 (S.I. 2015/1682), reg. 1(2), Sch. para. 10(m)(i) (as extended to U.K. (29.7.2016) by virtue of by S.I. 2016/645, reg. 1(1), Sch. 1 para. 5 (with reg. 4))

Commencement

I1

Art. 2 in force at 19.12.2005, see art. 1(1)

Footnotes

f1

O.J. L237, 24.8.91, pg 25: the text of the Directive is subject to the amendments in a corrigendum published in O.J. No. L305, 6.11.91, pg 22.

f2

O.J. No. L75. 15.03.01, p1. Added to Annex XIII of the EEA Agreement by Article 1 of the Decision of the EEA Joint Committee No. 118/2001 of 28th September 2001 (O.J. No. L322, 6.12.2001, p32).

f3

O.J. No. L143, 27.6.1995, p70. Added to Annex XIII of the EEA Agreement by Article 1 of the Decision of the EEA Joint Committee No. 71/95 of 15th December 1995 (O.J. No. L57, 7.3.96, p37).

f4

O.J. No. L75, 15.3.2001, p26. Added to Annex XIII of the EEA Agreement by Article 2 of the Decision of the EEA Joint Committee No. 118/2001 of 28th September 2001 (O.J. No. L322, 6.12.2001, p32).

f5

O.J. No. L75, 15.3.2001, p29. Added to Annex XIII of the EEA Agreement by Article 3 of the Decision of the EEA Joint Committee No. 118/2001 of 28th September 2001 (O.J. No. L322, 6.12.2001, p32).

f6

Treaty Series No. 15 (1992). Presented to Parliament by the Secretary of State for Foreign and Commonwealth Affairs by Command of her Majesty March 1992. Command Paper 1827.