8.—(1) An operator who fails to comply with the requirement in—
(a)regulation 3(1),
(b)regulation 4(1),
(c)regulation 5(1),
(d)regulation 6(1), F1...
[F2(da)regulation 4A(1),
(db)regulation 4A(3), or]
(e)regulation 7(1),
commits an offence.
(2) An offence under paragraph (1) is punishable on summary conviction by a fine not exceeding £10,000.
(3) In relation to an offence in paragraph (1)(a), it is a defence for an operator to show that they recorded a unique passenger reference number for the defaulting passenger before that passenger boarded the relevant service.
(4) In relation to the offence in paragraph (1)(b), it is a defence for an operator to show that the defaulting passenger presented a document purporting to be a required negative notification which the operator, or a person acting on behalf of the operator, could not reasonably have been expected to know was not a required negative notification.
[F3(4A) In relation to the offence in paragraph (1)(da) it is a defence for the operator to show that a passenger presented a document purporting to be the required evidence which the operator, or a person acting on behalf of the operator, could not reasonably have been expected to know was not the required evidence.
(4B) In relation to the offence in paragraph (1)(db) it is a defence for the operator to show that it was not reasonably practicable to have the processes and systems in place at the relevant time.]
(5) In relation to an offence in paragraph (1)(c) or (d), it is a defence for an operator to show that the operator, or a person acting on behalf of the operator, could not reasonably have been expected to know that—
(a)the defaulting passenger had failed to comply with the requirement to possess a testing package or managed isolation package, or
(b)the information provided by the defaulting passenger in relation to the testing package or managed isolation package was false or incorrect in any respect, or incomplete.
(6) In relation to the offence in paragraph (1)(e), it is a defence for the operator to show that the operator, or a person acting on behalf of the operator, could not have been reasonably expected to know that a passenger was a red list arrival.
(7) In this regulation, “unique passenger reference number” means a reference number which has been provided by or on behalf of the defaulting passenger and which includes the letters “UKVI” followed immediately by an underscore and thirteen alphanumeric characters.
Textual Amendments
F1Word in reg. 8(1)(d) omitted (19.7.2021 at 4.00 a.m.) by virtue of The Health Protection (Coronavirus, International Travel, Operator Liability and Information to Passengers) (Amendment No. 2) Regulations (Northern Ireland) 2021 (S.R. 2021/213), regs. 1(1), 11(a)