The Home Office has made the Nationality and Borders Act 2022 (Commencement No. 9) Regulations 2026, bringing section 76 (liability of carriers) into force on 20 March 2026. The instrument extends to England and Wales, Scotland and Northern Ireland and was signed on 25 February 2026 by Mike Tapp, Parliamentary Under Secretary of State at the Home Office.
Section 76 amends section 40 of the Immigration and Asylum Act 1999 so that carrier liability also arises where a person who requires an Electronic Travel Authorisation or other permission travels without it. The provision introduces a statutory excuse where, through no fault of the carrier, it has not been possible to verify permission to travel before boarding. (legislation.gov.uk)
Under the section 40 scheme, Border Force may impose a civil charge of £2,000 for each passenger carried to the UK without the required documentation. Home Office guidance sets out the level of document checking expected and confirms that British and Irish citizens are outside the scope of section 40 charges. (gov.uk)
Operational enforcement of digital permission to travel is live. From 25 February 2026, non‑visa nationals must hold an ETA, with carriers expected to prevent boarding if a valid ETA, eVisa or other permission is not held. Section 76’s commencement aligns civil penalties with that regime. (gov.uk)
The Authority to Carry Scheme, in force since April 2023, already requires in‑scope carriers to request authority to carry and enables the Home Office to refuse carriage in specified cases. From 20 March 2026, a carrier transporting a traveller who lacks the required ETA may face both a refusal of authority to carry and a section 40 charge. (gov.uk)
For travellers, the practical position is that, unless British or Irish, permission to travel will generally be required in the form of an ETA or a visa, with limited operational exemptions for certain categories such as specified crew or persons exempt from immigration control. Permissions are held digitally and linked to the passport presented. (gov.uk)
If a charge is raised, the guidance outlines staged processes for notification, representations and objection, followed by a right of appeal to the courts. Border Force may also rely on evidence such as CCTV to link an improperly documented passenger to a specific carriage where documents have been discarded. (gov.uk)
Air and sea operators should confirm that check‑in and gate procedures can verify digital permission to travel, maintain accurate advance passenger information submissions, and route edge cases to the Border Force Carrier Support Hub. The Home Office provides APIS guidance and a dedicated helpline for carriers. (gov.uk)