# The Channel Tunnel (Security) Order 1994, Article 28: Inspection of Channel Tunnel trains and the tunnel system

Extent: E+W+S+N.I.

(1) For the purpose of enabling the Secretary of State to determine whether to give a direction to any person under any of articles 13 to 16 of this Order, or of ascertaining whether any such direction or any enforcement notice is being or has been complied with, an authorised person shall have power, on production (if required) of his credentials, to inspect—
(a) any Channel Tunnel train,
(b) any part of the tunnel system, or
(c) any land, building or works outside the tunnel system which is occupied for the purposes of a business by a person who
(i) carries on (or appears to the authorised person to be about to carry on) operations in the tunnel system for the purposes of that business,
(ii) is permitted (or appears to the authorised person to be about to be permitted) to have access to a restricted zone for the purposes of the activities of that business, or
(iii) carries on (or appears to the authorised person to be about to carry on) operations outside the tunnel system in connection with the operation of Channel Tunnel trains or the tunnel system or persons or goods to be carried in or on any Channel Tunnel train.
(2) An authorised person inspecting a Channel Tunnel train or any part of the tunnel system or any land, building or works outside the tunnel system under paragraph (1) above shall have power—
(a) to subject any property found by him on the train (but not the train itself or any apparatus or equipment installed in it) or, as the case may be, to subject that part of the tunnel system or any property found by him there or on that land or in that building or in or on those works, to such tests,
(b) to take such steps
(i) to ascertain what practices or procedures are being followed in relation to security, or
(ii) to test the effectiveness of any practice or procedure relating to security, or
(c) to require the owner, operator or train manager of the train, the Concessionaires or, as the case may be, the occupier of the land, building or works to furnish to him such information,
as the authorised person may consider necessary for the purpose for which the inspection is carried out.
(3) Subject to paragraph (4) below, an authorised person, for the purpose of exercising any power conferred on him by paragraph (1) or (2) above in relation to a Channel Tunnel train, in relation to the tunnel system or in relation to any land, building or works outside the tunnel system shall have power—
(a) for the purpose of inspecting a train, to go on board it and to take all such steps as are necessary to ensure that it is not moved, or
(b) for the purpose of inspecting any part of the tunnel system, to enter any building or works in the tunnel system or enter upon any land in the tunnel system, or
(c) for the purpose of inspecting any land, building or works outside the tunnel system to enter upon the land and to enter any building or works on the land.
(4) The powers conferred by paragraph (3) above shall not include power for an authorised person to use force for the purpose of going on board any train, entering any building or works or entering upon any land.
(5) The powers conferred by paragraphs (1) to (3) above shall not apply in the case of premises used only as a private dwelling.
(6) Any person who—
(a) without reasonable excuse, fails to comply with a requirement imposed on him under paragraph (2)(c) above, or
(b) in furnishing any information so required, makes a statement which he knows to be false in a material particular, or recklessly makes a statement which is false in a material particular,
commits an offence.
(7) A person guilty of an offence under paragraph (6) above is 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.

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Source: https://www.legislation.gov.uk/uksi/1994/570/article/28 (the official version)
Page: https://openlegislation.uk/channel-tunnel-security-order-1994/article-28
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.