The Health Protection (Coronavirus, Public Health Advice for Persons Travelling to Northern Ireland) Regulations (Northern Ireland) 2020

Information requirement

3.—(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 has been provided with the required information contained in the Schedule, at each of the times specified in paragraph (2) and in the manner required in paragraph (3).

(2) The times are—

(a) where prior to departure a booking was made for the passenger to travel on the relevant service, before the booking was made;

(b) where prior to departure the passenger was checked in to travel on the relevant service, at the time of check-in; and

(c) while the passenger was on board the vessel or aircraft.

(3) The required manner is—

(a) in relation to information provided under paragraph (2)(a) or (b), orally or in writing;

(b) in relation to information provided under paragraph (2)(c), orally in English and in an officially recognised language of the country of departure.

(4) Paragraph (2)(a) applies only if the booking was made after these Regulations come into operation.

(5) Paragraph (2)(b) applies only if the check-in took place after these Regulations come into operation.

(6) If another person (A) made the booking on behalf of the passenger (whether or not A is also a passenger on the relevant service), the information requirement is to be treated as complied with, as regards the time set out in paragraph (2)(a), if the required information was provided to A in the required manner before the booking was 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.

(7) If another person (B) checked in on behalf of the passenger (whether or not B is also a passenger on the relevant service), the information requirement is to be treated as complied with, as regards the time set out in paragraph (2)(b), if the required information was provided to B in the required manner at the time of check-in, along with a written request that B provide that information to the passenger unless B considers that, by virtue of age or mental capacity, the passenger is unlikely to be capable of understanding it.

(8) An operator who fails to comply with the information requirement is guilty of an offence.

(9) An offence under paragraph (8) is punishable on summary conviction by a fine not exceeding £10,000.

(10) In relation to the requirement to provide the required information at the time set out in paragraph (2)(a) and (b), it is a defence for the purposes of paragraph (8) 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.