3. In regulation 3 (requirement to provide information at certain times), after paragraph 8 insert—
“(9) If, following the coming into operation of any provision which amends the information required to be provided by regulation 4, 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.”.