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

PART 3N.I.Information to passengers

Requirement to provide information to passengers at certain timesN.I.

10.—[F1(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 is provided with the information required by regulations 10 and 11 (“the passenger information requirement”) and in the manner required by that regulation at each of the times specified in paragraph (2).]

(2) The times are—

F2(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F3(b)where a booking was made for the passenger to travel on the relevant service (“the pre-departure information requirement”)—

(i)at least 24 hours prior to departure of the service, at least 24 hours prior to departure;

(ii)within 24 hours prior to departure of the service, at any point prior to departure.]

F4(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)while the passenger was on board the vessel or aircraft [F5(“the on-board information requirement”)].

[F6(3) If another person (A) makes the booking on behalf of the passenger (whether or not A is also a passenger on the relevant service), the pre-departure information requirement is to be treated as complied with if the required information is provided to A in the required manner before the booking is 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.]

F7(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) An operator who fails to comply with [F9paragraph (1)] 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 [F10paragraph (2)(b)], 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 [F11that information] 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.

Textual Amendments

[F12Records and informationN.I.

10A.—(1) An operator must keep records of the steps it has taken to comply with the requirements under regulation 10(1).

(2) An authorised person may request copies of the records and such other information from an operator as is necessary for the authorised person to determine whether the requirements under regulation 10(1) have been complied with.

(3) A request under paragraph (2) must specify the period within which the operator must provide the information to the authorised person.

(4) An operator who, without reasonable excuse, fails to comply—

(a)with the requirement to keep records in paragraph (1), or

(b)with a request under paragraph (2) to provide records or information within the period specified for the purposes of paragraph (3),

commits an offence.

(5) An offence under paragraph (4) is punishable on summary conviction by a fine not exceeding £10,000.

(6) In this regulation “authorised person” means—

(a)in relation to passengers arriving by sea, the Secretary of State for Transport,

(b)in relation to passengers arriving by air, the Civil Aviation Authority.]

Textual Amendments

Requirement to provide information to passengers in a certain mannerN.I.

11.—F13(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F14(2) For the purposes of regulation 10(2)(b) (pre-departure information requirement), the required information—

(a)may be provided orally or in writing;

(b)where provided orally is the information specified in Part 1 of the Schedule;

(c)where provided in writing is the information specified in Part 1 of the Schedule and—

(i)where it is provided by electronic means, a hyperlink to each of the relevant websites;

(ii)where it is provided other than by electronic means, the text of the URLs of each of the relevant websites;

(iii)in any event, must be provided in a way that draws the passenger’s attention to it by being particularly prominent and distinct from other written information provided in relation to the booking.]

F15(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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.

[F16(5) In this regulation “the relevant websites” means the websites listed in Part 3 of the Schedule.]

Textual Amendments