PART 2Operator liability in respect of arrivals
Offences8
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), 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.
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.