PART 8Duties on operators
Part 8: offences and penaltiesI145
1
An operator commits an offence if that operator fails to comply with—
a
regulation 38(1) (provision of information before booking),
b
regulation 39(1) (provision of information before departure),
c
regulation 40(1) (provision of information before check-in), or
d
regulation 41 (provision of information during journey).
2
An operator commits an offence if that operator fails to comply with—
a
regulation 42(1)(a) (requirement to ensure completion of PLF),
b
regulation 42(1)(b) (possession of evidence of an exemption),
c
regulation 42(2) (requirement to ensure completion of PLF: testing package),
d
regulation 42(3) (requirement to ensure completion of PLF: managed isolation package),
e
regulation 42(4) (requirement to ensure completion of PLF: eligible vaccinated arrivals),
f
regulation 43(1) (requirement to possess coronavirus notification), or
g
regulation 44 (requirement to ensure certain passengers arrive only at certain ports).
3
An offence under paragraph (1) or (2) is committed when the relevant service arrives at a port in Scotland.
4
In relation to the offences in paragraph (1)(a), (b) and (c), it is a defence for an operator to show 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 booking or check-in process would provide the required information at the booking, pre-departure or check-in time (as the case may be), in the required manner.
5
In relation to the offence in paragraph (1)(d), it is a defence for an operator to show that they had a reasonable excuse for failing to provide the required information.
6
For the purposes of paragraph (5), “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.
7
In relation to the offence in paragraph (2)(a) or (b), it is a defence—
a
for an operator alleged to have failed to ensure that a passenger has completed a Passenger Locator Form, to show they recorded a unique passenger reference number for the relevant passenger before that passenger boarded the relevant service, or
b
for an operator alleged to have failed to ensure that a passenger possesses evidence of eligibility for an exemption claimed in a Passenger Locator Form, to show that the passenger presented a document purporting to be appropriate evidence which the operator, or a person acting on behalf of the operator, could not reasonably have been expected to know was not appropriate evidence, before that passenger boarded the relevant service.
8
In relation to the offences in paragraph (2)(c) and (d), it is a defence for an operator to show that the operator, or a person acting on behalf of the operator, could not have reasonably been expected to know that the relevant information provided by a passenger on their Passenger Locator From was false, incorrect or incomplete.
9
In relation to the offence in paragraph (2)(e), it is a defence for an operator to show that the passenger presented a document purporting to be the required evidence which the operator, or a person acting on behalf of the operator, could not reasonably have been expected to know was not the required evidence.
F110
In relation to the offence in paragraph (2)(f), it is a defence for an operator to show that the relevant passenger—
a
presented a document purporting to be a coronavirus notification which the operator, or a person acting on behalf of the operator, could not reasonably have been expected to know was not a coronavirus notification, or
b
undertook a qualifying test on board a cruise ship on which the relevant passenger arrived in Scotland, the result of that test was positive, and it was not reasonably practicable for the relevant passenger to disembark in a country or territory other than Scotland.
11
In relation to the offence in paragraph (2)(g), it is a defence for an operator to show that the operator, or a person acting on behalf of the operator, could not have reasonably been expected to know that a passenger was required to comply with Part 5 (managed isolation).
12
If, following the coming into force of any provision which amends the required information, an operator provides information to a passenger that would have complied with this Part but for the coming into force of the amending provision, it is a defence for the operator to show that it was not reasonably practicable for the amended required information to be provided.
13
An offence under paragraph (1) or (2) is punishable—
a
on summary conviction, by a fine not exceeding the statutory maximum,
b
on conviction on indictment, by a fine.
14
For the purposes of paragraph (7), “unique passenger reference number” means a reference number which has been provided by or on behalf of the relevant passenger and which includes the letters “UKVI” followed immediately by an underscore and 13 alphanumeric characters.
15
For the purposes of paragraph (8), “relevant information” means the information mentioned in regulation 42(2) or 42(3) (as the case may be).