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PART 2E+WOperator liability in respect of arrivals

[F1Requirement to ensure that certain passengers arrive only at designated portsE+W

7A.(1) An operator must take all reasonable steps to ensure that no Schedule B1A passenger arrives on a relevant transport service at a port in England which is not a designated port.

(2) Paragraph (1) does not apply where—

(a)it is necessary for the pilot in command of the aircraft to land the aircraft by means of which the transport service is provided at a place in England other than a designated port to secure—

(i)the safety or security of the aircraft, or

(ii)the safety of any person aboard the aircraft;

(b)the aircraft is an air ambulance and it is landing otherwise than at a designated port for the purposes of transporting a person for medical treatment;

(c)the pilot in command of the aircraft is instructed by an authorised person to land the aircraft at a place in England which is not a designated port.

(3) In this regulation—

“authorised person” means—

(a)

a constable,

(b)

the Civil Aviation Authority,

(c)

the Secretary of State, or

(d)

a person authorised by the Civil Aviation Authority or the Secretary of State under the Air Navigation Order 2016;

“operator”, in relation to a transport service provided by means of an aircraft, has the meaning given in article 4 of the Air Navigation Order 2016;

“pilot in command” and “private aircraft” have the meanings given in the Air Navigation Order 2016 (see Schedule 1 to that Order);

“relevant transport service”, in relation to an operator, means a transport service provided by or on behalf of that operator;

“Schedule B1A passenger” means a passenger to whom Schedule B1A to the International Travel Regulations applies;

“transport service” means—

(a)

a relevant service,

(b)

a shuttle service,

(c)

a service (other than a relevant service) which—

(i)

is carrying passengers travelling to England from outside the common travel area (whether for payment or valuable consideration or otherwise), and

(ii)

is provided by means of an aircraft (other than a private aircraft), or

(d)

a flight which—

(i)

is carrying passengers travelling to England from outside the common travel area (whether for payment or valuable consideration or otherwise), and

(ii)

is provided by means of a private aircraft.]