The Aviation Safety (Amendment) Regulations 2026
The Immigration (Carriers' Liability) Act 1987 creates a statutory liability for carriers, such as airlines or shipping companies, to pay a penalty to the Secretary of State if they bring a person into the United Kingdom who does not hold the required documentation (like a valid passport or visa) to enter, or who is subject to a prohibition on entry.
Arguments For
The Act establishes a clear liability framework for carriers, incentivizing them to comply with immigration regulations regarding passenger documentation.
It provides a mechanism for recovering costs associated with unauthorized immigration by placing financial responsibility on the entity responsible for transporting the individual.
Imposing penalties directly on carriers simplifies enforcement compared to pursuing individuals who may have absconded or be difficult to locate for cost recovery.
Arguments Against
Carriers argue the system imposes significant administrative burdens and potential financial risks for errors beyond their direct control when checking documentation.
The liability system can lead to 'defensive boarding' practices, potentially resulting in legitimate travelers being denied passage based on insufficient certainty, thus impacting legitimate commerce and travel.
Critics suggest the financial penalties may disproportionately affect smaller transport operators compared to larger multinational entities.
Immigration (Carriers’ Liability) Act 1987
An Act to make provision for the imposition of a charge on carriers for their failure to comply with certain immigration requirements.
This Act introduces measures to hold carriers financially accountable if they fail to meet specific requirements related to immigration control when bringing people into the UK.
The primary function is to establish a system where carriers face charges for non-compliance with these entry stipulations.
PART I
LIABILITY OF CARRIERS
- Liability of carriers for bringing illegal entrants, etc.
(1) If a person arrives in the United Kingdom, or having arrived in the United Kingdom remains here subsequently, by means of carriage by a carrier who fails to comply with the requirements of this Part of this Act with respect to that person, the carrier shall be liable to pay to the Secretary of State a sum (in this Part of this Act referred to as a “charge”) of an amount determined in accordance with this Part of this Act.
(2) A person is brought by a carrier in contravention of the requirements of this Part of this Act if:
(a) he is not a person lawfully entitled to entry into the United Kingdom, or is subject to a prohibition on entry into the United Kingdom; and
(b) the carrier brings him to a port in the United Kingdom without a document which is a valid passport or other such document as may be specified by the Secretary of State in the control notice given to the carrier and which establishes his identity and nationality or the fact that he has leave to enter or remain in the United Kingdom; and
(c) the carrier has not taken all reasonable steps to avoid bringing him to the United Kingdom without such a document.
(3) In subsection (2) above “document” includes a document in electronic form if the Secretary of State has by order provided that such documents may be used for the purposes of this Part of this Act.
A carrier becomes liable to pay a sum, called a 'charge,' to the Secretary of State if they transport someone into the UK who is either not legally allowed to enter or is subject to an entry ban.
This liability arises specifically if the carrier transports the person without adequate documentation, such as a valid passport or equivalent visa proof, confirming the person's identity, nationality, or right to remain in the UK.
The carrier escapes this liability only if they prove they took all reasonable steps to ensure the person carried the necessary paperwork.
The definition of 'document' can be extended by the Secretary of State via order to include electronic formats.
- Notice of charge to carrier.
(1) Where the Secretary of State determines that a carrier is liable to pay a charge under section 1 above, he shall give notice of the charge to the carrier.
(2) A notice under this section shall state—
(a) the amount of the charge; and
(b) the grounds on which the carrier is alleged to be liable for the charge.
(3) A notice under this section shall not be given more than six months after the date on which the carrier brought the person concerned to the United Kingdom.
(4) A notice under this section shall state the time within which the charge must be paid, and the Secretary of State may by directions from time to time require any charge to be paid within such time as may be specified in the directions.
When the Secretary of State decides a carrier owes a charge under Section 1, they must formally notify the carrier.
This notice must detail the exact amount of the charge and the specific reasons why the carrier is deemed liable.
Crucially, the Secretary of State cannot issue this notice more than six months after the carrier transported the individual to the UK.
The notice must also specify a deadline for payment, which the Secretary of State can adjust through directions.
- Payment of charge.
(1) Where notice of a charge has been given to a carrier under section 2 above, the carrier shall pay the charge to the Secretary of State within the time specified in the notice, unless he has given notice of appeal under section 4 below.
(2) If the carrier fails to pay the charge within the time specified, the Secretary of State may recover the charge from the carrier as a debt due to the Crown.
Once officially notified of the charge, the carrier must pay the specified amount by the deadline, provided they have not initiated an appeal process outlined in Section 4.
If the carrier fails to pay by the due date, the Secretary of State has the power to recover the charge as a debt owed directly to the Crown.
- Appeal against charge.
(1) A carrier on whom a notice of charge has been served may appeal to the Secretary of State against the charge on the grounds that he is not liable for the charge or that the amount is incorrect.
(2) The Secretary of State shall by regulations make provision as to the manner in which and time within which an appeal under this section may be brought and for the determination of such appeals.
(3) An appeal under this section shall not stay the charging requirement unless the Secretary of State directs otherwise and for the purposes of this subsection a direction may be given on or at any time after the notice of appeal is given.
A carrier who receives a charge notice has the right to appeal to the Secretary of State, arguing either that they are not legally liable for the fee or that the calculated amount is wrong.
The Secretary of State must create regulations detailing the procedure, timing, and method for these appeals to be heard and decided.
Appealing the charge does not automatically stop the payment requirement unless the Secretary of State explicitly directs that the requirement be suspended pending the appeal's outcome.
- Amount of charge and relief.
(1) The charge payable under section 1 above shall be of such amount as the Secretary of State may by order specify, but the amount shall not exceed £2,000 for each person in respect of whom the carrier fails to comply with the requirements mentioned in that section.
(2) The Secretary of State may by regulations make provision for the reduction or waiver of a charge in such circumstances as may be specified in the regulations.
(3) The power to make an order under subsection (1) above shall be exercisable by statutory instrument and any such order shall be subject to annulment in pursuance of a resolution of either House of Parliament.
The initial default charge amount is set by the Secretary of State via an order, but this fee cannot surpass £2,000 for any single individual brought in violation of the rules.
The Secretary of State also has the power, through regulations, to establish conditions under which a charge can be reduced or completely canceled.
Orders setting the maximum charge level must be approved by a resolution of either the House of Commons or the House of Lords.
- Carriers exempted from charge.
(1) Section 1 above shall not apply to a carrier in respect of any person brought by him to the United Kingdom if the carrier proves that at the time of bringing the person—
(a) the carrier was acting on behalf of the Government of the United Kingdom or of the government of any country outside the United Kingdom; or
(b) the person was a member of the crew of the ship, aircraft, hovercraft, train or vehicle concerned and had been required by the owner or person in command of it to travel in it.
(2) The Secretary of State may by order exempt any specified carrier or class of carriers from the provisions of this Part of this Act.
This legislation creates exemptions from carrier liability in specific situations.
A carrier is exempt if they can prove they were operating on behalf of either the UK Government or a foreign government when transporting the person.
Additionally, if the person being transported was a crew member required to travel by the owner or commander of the transport vehicle, the carrier is also exempt from the charge.
The Secretary of State retains the power to issue orders that completely exempt certain named carriers or specific categories of carriers from this Part of the Act.
- Information required by Secretary of State.
(1) The Secretary of State may by notice require a carrier to produce for inspection documents that are or may be relevant to any matter under consideration by the Secretary of State in connection with his functions under this Part of this Act.
(2) The Secretary of State may also require a carrier to provide such information as he may reasonably require for the purpose of determining whether a carrier is liable to pay a charge or for the purpose of assessing the amount of such a charge.
(3) Regulations under this Part of this Act may provide for the making of false statements in response to a requirement under this section to be an offence punishable on summary conviction with a fine not exceeding level 3 on the standard scale.
The Secretary of State has the authority to demand that carriers produce any documents considered relevant to determining liability or assessing a charge under this Act.
Carriers can also be required to supply any information reasonably needed to assess whether a charge is due or to calculate its final amount.
Regulations may specify that intentionally providing false information in response to these requirements is a summary offense punishable by a fine up to Level 3 on the standard scale.
- Control notices.
(1) The Secretary of State may give a control notice to a carrier requiring that if a person brought by the carrier to the United Kingdom is a person who is not entitled to enter the United Kingdom or is subject to a prohibition on entry, the carrier shall remove the person from the United Kingdom.
(2) A control notice may be given to a carrier if the Secretary of State thinks it appropriate to do so having regard to the extent to which the carrier has failed to comply with the requirements of this Part of this Act.
(3) A control notice may be given to a carrier—
(a) before the carrier brings any person to the United Kingdom; or
(b) after the carrier has brought a person to the United Kingdom in contravention of the requirements of this Part of this Act.
(4) A person removed from the United Kingdom under a control notice shall be removed to such country as the Secretary of State may direct; and a person so removed shall be deemed for the purposes of the Immigration Act 1971 to have been refused leave to enter the United Kingdom.
The Secretary of State can issue a 'control notice' to a carrier, ordering them to remove someone from the UK if that person is found not to have the right to enter or is banned from entry.
These notices can be given if the carrier has shown a pattern of failing to comply with the Act's requirements, either before they bring anyone or after they have already brought an inadmissible individual.
When removed under this notice, the individual must be sent to a country specified by the Secretary of State, and for immigration law purposes, this removal is treated as if entry permission was formally denied.
- Review of control notices.
(1) A document requiring the removal of a person under a control notice may be cancelled by the Secretary of State if he is satisfied that there are reasonable grounds for the cancellation.
(2) The holder of a control notice may apply to the Secretary of State for the cancellation of the notice or for an amendment of the notice to limit its scope.
(3) The Secretary of State shall by regulations make provision for the determination of applications under subsection (2) above, and the provision may include provision for the payment by the applicant of a fee to meet the administrative costs of dealing with the application, and for the refund of the fee in cases where the application is successful or is withdrawn or the Secretary of State is satisfied that it is expedient to refund the fee.
The Secretary of State has the authority to cancel a control notice if satisfied that there are valid reasons for doing so.
A carrier holding a control notice may formally apply to the Secretary of State requesting that the notice be canceled or modified to restrict its scope.
Regulations will govern these applications, potentially requiring the applicant to pay an administrative fee, though this fee must be refunded if the application succeeds or is withdrawn, or if the Secretary of State deems a refund appropriate.
- Extension of Part I to transit passengers.
The Secretary of State may by order extend the provisions of this Part of this Act to persons who are in transit through the United Kingdom, subject to such modifications as may be specified in the order.
The Secretary of State has the power, through an order, to apply the entire liability framework established in Part I to passengers who are only passing through the UK in transit.
This application can include any necessary modifications specified within that order.
- Application of Part I to Crown.
This Part of this Act shall apply to the Crown in right of Her Majesty’s Government in the United Kingdom as it applies to any other person.
The legal liabilities and requirements outlined in Part I of the Act apply equally and fully to the Crown itself, acting through Her Majesty's Government in the United Kingdom, as they apply to any private carrier.
- Interpretation of Part I.
(1) In this Part of this Act, unless the context otherwise requires,—
“carrier” means the owner or the person in command or in charge of any ship, aircraft, train or vehicle, or any person authorised by such owner, master or commander to act on his behalf in relation to the carriage of passengers; and
“charge” has the meaning assigned to it by section 1(1) above;
“control notice” has the meaning assigned to it by section 8(1) above;
“document” includes a document in electronic form where this Part of this Act provides for it to be used; and
“port in the United Kingdom” includes the territorial sea limits adjacent to the United Kingdom;
“requirements of this Part of this Act” means the requirements of the Secretary of State under this Part of this Act;
“ship”, “aircraft”, “train” and “vehicle” have the same meanings as in the Immigration Act 1971;
“United Kingdom” includes the territorial sea limits adjacent to the United Kingdom.
(2) Any reference in this Part of this Act to a person brought by a carrier to the United Kingdom shall be construed as a reference to a person brought by the carrier to a port in the United Kingdom or brought by the carrier into the United Kingdom from a place outside the United Kingdom.
This section defines key terms used throughout Part I. A 'carrier' includes the owner, commander, or anyone authorized by them to manage passenger carriage.
Terms like 'charge' and 'control notice' refer back to their definitions in preceding sections, and 'port in the United Kingdom' extends to the UK's adjacent territorial sea limits.
References to bringing a person to the UK cover arriving at a UK port (including territorial waters) or entering the UK from outside its territorial limits.
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