Consultation letter
Dan Rutstein
Policy Adviser
Department for Transport
Transport Security Directorate
Zone 5/8 Southside
105 Victoria Street
London SW1E 6DT
Email: dan.rutstein@dft.gsi.gov.uk
12 November 2007
Dear Consultee
Consultation on proposed amendments to the Channel Tunnel (Security) Order 1994 (SI 1994/570)
Purpose and Scope
1. The purpose of this consultation is to ask stakeholders for any comments they may have on proposed amendments to the Channel Tunnel (Security) Order 1994 (SI 1994/570).
2. The scope of this consultation is restricted to the arrangements to be implemented within the UK concerning the regulation of the Channel Tunnel.
Issues for Consideration
3. This order (draft attached at Annex B) will amend the Channel Tunnel (Security) Order 1994 (SI 1994/570). The amendments remove the distinction between general and non-general requirements of directions under that Order.
4. Enforcement notices under article 21 of the Order could previously be served only in respect of failure to comply with a general requirement[1] of a direction. The amendment enables enforcement notices to be served in respect of failure to comply with any requirement of a direction.
5. Enforcement notices are used across all regulated transport modes by TRANSEC (Transport Security and Contingencies Directorate, Department for Transport) as part of the stepped approach to compliance monitoring and, where necessary, enforcement. Enforcement notices are used infrequently, as part of a stepped approach to enforcement, where other attempts at rectification have not achieved the desired outcome.
Financial Arrangements
6. The proposed arrangements are not expected to have any financial impact.
Responses to this consultation
7. Consultees’ views are sought on the draft SI in general and in particular in relation to the following questions:
1) Will the proposal place any new burden on your business?
2) Will the order, as drafted, achieve the aims that have been set out?
3) Is there any other method by which the intended consequences of the proposal could be achieved?
Please also highlight any possible unintended consequences of the policy, and practical enforcement or implementation issues.
Responses to this consultation should be addressed to:
Dan Rutstein
Department for Transport
Zone 5/8
Southside
105 Victoria Street
London
SW1E 6DT
Email: dan.rutstein@dft.gsi.gov.uk
8. The pro-forma at Annex D should be used when providing responses.
9. The deadline for return of responses is February 11, 2008. We cannot guarantee that responses received after this deadline will be taken into account.
10. A list of organisations/stakeholders that we have sent this consultation to is included in Annex A. If you have any suggestions of others who may wish to be involved in the consultation process please let us know.
11. This consultation has been produced in accordance with the principles of the Government’s "Code of Practice on Consultation" which are included at Annex C.
12. An Impact Assessment has not been produced because there are no impacts or administrative burdens on business, charities, the voluntary sector or the public sector.
13. A summary of responses to this consultation will be published on our website: www.dft.gov.uk after the consultation period has closed.
14. According to the requirements of the Freedom of Information Act (2000), all information contained in your response to this consultation may be subject to publication or disclosure. This may include personal information such as your name and address. If you want your response or your name and address to remain confidential, you should explain why confidentiality is necessary. Your request will be granted only if it is it is consistent with Freedom of Information obligations. An automatic confidentiality disclaimer generated by your e-mail system will not be regarded as binding on the Department.
Yours sincerely,
Dan Rutstein
[1] A “general requirement” is defined as a requirement included in two or more directions given to different persons (whether or not at the same time) and which is framed in general terms applicable to all the persons to whom the directions are given.
