PART 3Requirement for operators to implement and maintain processes and systems

Requirement to implement and maintain processes and systems6.

(1)

An operator who operates a commercial flight on which a relevant arrival arrives in England must implement and maintain adequate processes and systems to ensure each relevant arrival on the commercial flight is, when they arrive in England, in possession of the notification required by regulation 3.

(2)

For the purposes of paragraph (1), a person is not to be treated as a relevant arrival if the operator, or a person acting on behalf of the operator, reasonably believes—

(a)

the person is not a relevant arrival;

(b)

the person has a reasonable excuse which would protect them from liability under regulation 8(1) for failing to comply with a requirement in regulation 3;

(c)

the person is being lawfully compelled to travel to the United Kingdom in the course of an extradition, prisoner transfer or deportation.

(3)

In this regulation, “relevant arrival” means a person to whom Part 2 applies.