Article 16 General power to direct measures to be taken for purposes to which Part III appliesI1
United Kingdom
Paragraph (2) below applies to—
any person who is the owner, operator or train manager of one or more Channel Tunnel trains in the tunnel system or elsewhere within the United Kingdom,
the Concessionaires,
any person other than the Concessionaires who carries on operations in the tunnel system,
any person who is permitted to have access to a restricted zone for the purposes of the activities of a business carried on by him, and
any person who is the owner, operator or manager of any property used in connection with the operation of any Channel Tunnel train or the tunnel system including any land, building or works, train or other vehicle, apparatus or equipment so used whether it is on board a Channel Tunnel train or, as the case may be, within the tunnel system or elsewhere.
Subject to the following provisions of this article, the Secretary of State may give a direction in writing to any person to whom this paragraph applies requiring him to take such measures for purposes to which this Part of this Order applies as are specified in the direction—
in the case of a direction given to a person as the owner, operator or train manager of a Channel Tunnel train, in respect of all the trains falling within paragraph (1)(a) above of which (at the time when the direction is given or at any subsequent time) he is the owner, operator or train manager, or in respect of any such trains specified in the direction,
in the case of a direction given to the Concessionaires, in respect of the tunnel system,
in the case of a direction given to a person as a person falling within paragraph (1)(c) above, in respect of the operations carried on by him,
in the case of a direction given to a person as a person who is permitted to have access to a restricted zone as mentioned in paragraph (1)(d) above, in respect of such activities carried on by that person in that zone as are specified in the direction, and
in the case of a direction given to a person as the owner, operator or manager of any property used in connection with the operation of any Channel Tunnel train or the tunnel system, in respect of all the property falling within paragraph (1)(e) above of which at the time when the direction is given he is the owner, operator or manager, or in respect of any such property as is specified in the direction.
Without prejudice to the generality of paragraph (2) above, the measures to be specified in a direction given under this article to any person to whom that paragraph applies may include the provision by that person of persons charged with the duty (at such times as may be specified in the direction)—
where the direction is given to a person as the owner, operator or train manager of Channel Tunnel trains, of guarding the trains against acts of violence,
where the direction is given to the Concessionaires, of guarding the tunnel system, or persons or property (including trains) in any part of the tunnel system, against acts of violence,
where the direction is given to a person as falling within paragraph (1)(c) above, of guarding against acts of violence any train in the tunnel system which is for the time being under his control,
where the direction is given to a person as falling within paragraph (1)(d) above, of guarding against acts of violence
any land, building or works occupied by him for the purposes of his business, any vehicles or equipment used for those purposes and any goods which are in his possession for those purposes, and
any Channel Tunnel train which is for the time being under his control, or
where the direction is given to a person as falling within paragraph (1)(e) above, of guarding against acts or violence any property used in connection with the operation of any Channel Tunnel train or the tunnel system.
A direction given under this article may be either of a general or of a specific character, and may require any measures specified in the direction to be taken at such time or within such period as may be so specified.
A direction under this article—
shall not require any search (whether of persons or of property), and
shall not require the modification or alteration of any train, or of any of its apparatus or equipment, or the installation or carriage of additional apparatus or equipment, or prohibit any train from being caused or permitted to be put into service or moved without some modification or alteration of the train or its apparatus or equipment or the installation or carriage of additional apparatus or equipment.
A direction may be given under this article to a person appearing to the Secretary of State to be about to become a person to whom paragraph (2) above applies, but a direction given to a person by virtue of this paragraph shall not take effect until he becomes a person to whom paragraph (2) above applies and, in relation to a direction so given, the preceding provisions of this article shall apply with the necessary modifications.
Any person who—
without reasonable excuse, fails to comply with a direction given to him under this article, or
intentionally interferes with any building constructed or other works executed on any land in compliance with a direction under this article or with anything installed on, under, over or across any land in compliance with such a direction,
commits an offence.
A person guilty of an offence under paragraph (7) above is liable—
on summary conviction, to a fine not exceeding the statutory maximum;
on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or to both.
Where a person is convicted of an offence under paragraph (7)(a) 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 F1one tenth of level 5 on the standard scaleone-tenth of the greater of £5,000 or level 4 on the standard scale for each day on which the failure continues.
The ownership of any property shall not be affected by reason only that it is placed on, in or under, or affixed to, any land, building or works in compliance with a direction under this article.
Annotations
Textual amendments
- F1
Words in art. 16(9) substituted (E.W.) (12.3.2015) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Fines on Summary Conviction) Regulations 2015 (S.I. 2015/664), reg. 1(1), Sch. 3 para. 10(5) (with reg. 5(1))
Commencement
- I1
Art. 16 in force at 5.3.1994, see art. 1