Carrier liability for passengers without electronic travel authorisation under UK health and safety law: practical implications for regulatory compliance
What has changed
From 20 March 2026 the Nationality and Borders Act 2022 is commenced in part by Regulations described as Commencement No 9. The regulations extend the liability of carriers to ensure passengers have the required electronic travel authorisation (ETA). Section 76 of the Act amends section 40 of the Immigration and Asylum Act 1999 so that liability can apply to passengers who arrive without an ETA. This is a shift in the responsibilities of transport operators and other carriers to verify documentation as part of lawful entry processes.
Who is affected
The update directly affects airlines, rail and bus operators, cruise and ferry lines, coach operators and other organisations that transport travellers into the UK. It also has implications for travel agents and other intermediaries involved in booking and arranging international travel where ETA checks may be relevant. Organisations should consider how this aligns with their existing passenger safety and compliance processes.
Why it matters
The change clarifies who bears cost and risk when a passenger lacks required travel authorisation. For duty holders, this includes potential financial liability for charges arising from non‑compliant travellers and the need to demonstrate due diligence in passenger screening. While not a traditional health and safety duty, the update affects governance around regulatory compliance, data handling for immigration checks and the integrity of travel procedures, all of which tie into broader HSE expectations for lawful operation and safe management of people on transport services.
What organisations should do next
Duty holders should:
- Review and update policies: ensure passenger acceptance and onboarding procedures explicitly require ETA verification where applicable and document the compliance controls in the travel policy.
- Update risk assessments and procedures: reflect the new liability framework and the consequences of non‑compliance on operations and service continuity.
- Strengthen competent oversight: allocate responsibility to a named person or team for immigration compliance within the travel operations function; consider Competent Person support or appoint a regulatory compliance lead.
- Enhance training and awareness: provide targeted training for frontline staff and check‑in teams on ETA requirements and documentation checks.
- Review contractor and partner arrangements: ensure that agents, ticketing platforms and third‑party suppliers align with the new requirements and maintain auditable records.
- Strengthen governance and management system alignment: consider integrating risk based immigration checks within your ISO 45001 framework or other management systems ISO 45001 health and safety management.
Enforcement and sanctions
While the practical enforcement approach will be set out by policy and statutory guidance, organisations should assume that departures from the new liability regime may attract scrutiny. Maintaining clear records of checks and decisions will support accountability and regulatory compliance.
Next steps for compliance and governance
Action should be prioritised to:
- Review passenger acceptance and documentation controls across all relevant routes and services
- Implement or update a documented ETA verification process
- Embed this process in staff training and contractor management arrangements
- Align with a robust health and safety management system such as ISO 45001 for systematic control of workplace risk and legal compliance
- Establish ongoing monitoring, internal audits and periodic reviews to demonstrate ongoing compliance
In summary, the new liability regime for carriers reinforces the importance of clear governance, competent oversight and consistent documentation to meet regulatory compliance obligations under UK health and safety law.
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