The Home Office has signed the Nationality and Borders Act 2022 (Commencement No. 9) Regulations 2026, bringing section 76 of the 2022 Act into force on 20 March 2026. The regulations apply across England, Wales, Scotland and Northern Ireland and are made under the Secretary of State’s commencement power in section 87 of the Act. (legislation.gov.uk)
Section 76 amends section 40 of the Immigration and Asylum Act 1999 so that carriers are liable for bringing to the UK a person who should have obtained an Electronic Travel Authorisation (ETA) or other permission to travel but did not. In practical terms, pre‑boarding document checks now extend to verifying an ETA or equivalent digital permission where one is required. (legislation.gov.uk)
Under the existing section 40 civil penalty regime administered by Border Force, owners, agents or operators of a ship or aircraft may be charged £2,000 for each inadequately documented arrival. The Home Office’s January 2026 guidance confirms that this liability covers failures to check for the required visa or other permission now delivered in digital form. (gov.uk)
The ETA scheme sits alongside visas and digital status. Individuals who do not need a visa may be required to secure an ETA before travelling; British and Irish citizens are not in scope of the permission‑to‑travel requirement for ETA purposes or of section 40 charging. (legislation.gov.uk)
Compliance will rely on carriers validating digital permissions at check‑in. Home Office guidance indicates that an interactive API “0A – board” message is satisfactory evidence of permission to travel, and that passengers may evidence digital status via the GOV.UK ‘View and Prove’ service when needed. (gov.uk)
The policy intent, set out in the Act’s Explanatory Notes and ETA impact assessment, is to close the pre‑travel information gap by requiring advance permission and by extending the civil penalty regime to incentivise carrier checks for ETA or other digital permissions. (legislation.gov.uk)
Section 76 also introduces a statutory excuse against penalty where a carrier could not, through no fault of its own, verify the presence of an ETA or other permission. Operators should retain system logs and decision records to evidence reasonable checks where reliance on this defence is necessary. (legislation.gov.uk)
Border Force will continue to issue potential liability notifications and charges under section 40, with established routes for representations, objections and appeal to the courts remaining available. Carriers seeking enhanced assurance can engage with the Carriers Liaison Section and available support, including Approved Gate Check arrangements referenced in government guidance. (gov.uk)