Offences6.
(1)
An operator who fails to comply with regulations 3(1), 4(1) or 5 is guilty of an offence when the international passenger service arrives at a port in Scotland.
(2)
A person who commits an offence under paragraph (1) is liable on conviction on indictment to a fine.
(3)
In relation to the requirement to provide the required information in regulation 3(1) or 4(1) it is a defence for an operator to prove 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 booking or check-in time in the required manner.
(4)
In relation to the requirement to provide the required information in regulation 5, it is a defence for an operator to prove that they had a reasonable excuse for failing to provide the required information.
(5)
In paragraph (4) a “reasonable excuse” includes that a passenger who was not provided with the required information was, by virtue of age or mental capacity, unlikely to be able to understand the required information.