The Health Protection (Coronavirus, International Travel, Operator Liability and Information to Passengers) Regulations (Northern Ireland) 2021

PART 3 Information to passengers

Requirement to provide information to passengers at certain times

10.—(1) Subject to the following provisions of this regulation, an operator must ensure that a passenger who arrives at a port on a relevant service has been provided with the required information contained in the appropriate Part of the Schedule, in the required manner specified in regulation 11, at each of the times specified in paragraph (2).

(2) The times are—

(a) where prior to departure a booking was made for the passenger to travel on the relevant service, before the booking was made,

(b) where, at least 48 hours prior to the scheduled departure time of the relevant service, a booking was made for the passenger to travel on it, between 24 and 48 hours prior to the scheduled departure time of that service,

(c) where prior to departure the passenger was checked in to travel on the relevant service, at the time of check-in,

(d) while the passenger was on board the vessel or aircraft.

(3) If another person (A) made the booking on behalf of the passenger (whether or not A is also a passenger on the relevant service), the information requirement is to be treated as complied with, as regards the time set out in paragraph (2)(a), if the required information was provided to A in the required manner before the booking was made, along with a written request that A provide that information to the passenger unless A considers that, by virtue of age or mental capacity, the passenger is unlikely to be capable of understanding it.

(4) If another person (B) made the booking on behalf of the passenger (whether or not B is also a passenger on the relevant service), the information requirement is to be treated as complied with, as regards the time set out in paragraph (2)(b), if the required information was provided to B in the required manner between 24 and 48 hours prior to the scheduled departure time of the relevant service, along with a written request that B provide that information to the passenger unless B considers that, by virtue of age or mental capacity, the passenger is unlikely to be capable of understanding it.

(5) If another person (C) checked in on behalf of the passenger (whether or not C is also a passenger on the relevant service), the information requirement is to be treated as complied with, as regards the time set out in paragraph (2)(c), if the required information was provided to C in the required manner at the time of check-in, along with a written request that C provide that information to the passenger unless C considers that, by virtue of age or mental capacity, the passenger is unlikely to be capable of understanding it.

(6) An operator who fails to comply with the information requirement is guilty of an offence.

(7) An offence under paragraph (6) is punishable on summary conviction by a fine not exceeding £10,000.

(8) In relation to the requirement to provide the required information at the time set out in paragraph (2)(a) to (c), it is a defence for the purposes of paragraph (6) if the operator can demonstrate that—

(a) the booking or check-in process was not managed directly by the operator; and

(b) the operator took reasonable steps to ensure that the person managing the process would provide the required information at that time and in the required manner.

(9) If, following the coming into operation of any provision which amends the information required to be provided by regulation 11, an operator provides information to a passenger that would have complied with the information requirement but for the coming into operation of that amending provision, it is a defence for the operator to show that it was not reasonably practicable for the amended information to be provided.

(10) This regulation only applies in respect of a passenger who arrives at a port on a relevant service on a vessel, if the vessel is 24 metres or more in length.

Requirement to provide information to passengers in a certain manner

11.—(1) For the purposes of regulation 10(2)(a), the required information—

(a) in the case of online bookings—

(i) must be displayed prominently on an operator’s website or mobile application, and

(ii) is the information specified in Part 1 of the Schedule and a hyperlink to each of the relevant websites,

(b) in the case of telephone bookings—

(i) must be provided orally, and

(ii) is the information specified in Part 1 of the Schedule,

(c) in the case of in-person bookings—

(i) must be provided orally or in writing,

(ii) where provided orally, is the information specified in Part 1 of the Schedule,

(iii) where provided in writing, is a written notice which informs passengers of the requirements to provide information, to possess notification of a negative test result, to book, pay for and undertake tests, to self-isolate and to comply with managed isolation in accordance with regulations 4, 6, 8, 10 and 14 of the International Travel Regulations.

(2) For the purposes of regulation 10(2)(b), the required information—

(a) must be provided by text message, push notification, email or orally,

(b) where provided by text message or push notification, is text which—

(i) informs passengers of the requirements to provide information in regulation 4 of the International Travel Regulations and that penalties apply for failure to comply with those requirements,

(ii) includes a hyperlink to https://www.gov.uk/provide-journey-contact-details-before-travel-uk,

(iii) if the relevant service is one on which passengers are allocated seat numbers, advises passengers to provide their seat number on the Passenger Locator Form,

(iv) informs passengers of the requirement to possess notification of a negative test result in regulation 6 of the International Travel Regulations,

(v) informs passengers of the requirement to book, pay for and undertake tests in regulation 8 of the International Travel Regulations,

(c) where provided by email, is the information specified in Part 1 of the Schedule and a hyperlink to each of the relevant websites,

(d) where provided orally, is the information specified in Part 1 of the Schedule.

(3) For the purposes of regulation 10(2)(c)—

(a) in relation to digital check-in, the required information—

(i) must be displayed prominently on an operator’s website or mobile application,

(ii) must be provided before a boarding card is issued, and

(iii) is the information specified in Part 1 of the Schedule and a hyperlink to each of the relevant websites,

(b) in relation to in-person check-in, the required information—

(i) must be provided orally or in writing,

(ii) where provided orally, is the information specified in Part 1 of the Schedule,

(iii) where provided in writing, is a written notice which informs passengers of the requirements to provide information, to possess notification of a negative test result, to book, pay for and undertake tests, to self-isolate and to comply with managed isolation in accordance with regulations 4, 6, 8, 10 and 14 of the International Travel Regulations.

(4) For the purposes of regulation 10(2)(d), the required information—

(a) must be provided orally before passengers disembark in Northern Ireland,

(b) must be provided in English and an officially recognised language of the country of departure if English is not such a language, and

(c) is the information specified at Part 2 of the Schedule.

(5) In this regulation “the relevant websites” means—

(a) for the purposes of paragraph (1)(a)(ii)—

(i) https://www.gov.uk/provide-journey-contact-details-before-travel-uk, and

(ii) https://www.gov.uk/uk-border-control,

(iii) https://www.nidirect.gov.uk/articles/coronavirus-covid-19-taking-coronavirus-test-travelling-northern-ireland,

(b) for the purposes of paragraphs (2)(c) and (3)(a)(iii)—

(i) https://www.gov.uk/provide-journey-contact-details-before-travel-uk,

(ii) https://www.nidirect.gov.uk/articles/coronavirus-covid-19-countries-and-territories-exemptions,

(iii) https://www.gov.uk/uk-border-control, and

(iv) https://www.nidirect.gov.uk/articles/coronavirus-covid-19-taking-coronavirus-test-travelling-northern-ireland.