Part 6: Miscellaneous Section 76: Liability of Carriers
Overview: This section builds on the existing carriers liability scheme by incentivising carriers to check that a traveller holds an ETA or another form of permission, such as a visa or an immigration status in digital form, prior to boarding or risk a civil penalty.
	Background: At present, carriers are incentivised to check for the presence of a valid "immigration document" which satisfactorily establishes identity and nationality or citizenship, and, if the person requires a visa, a visa of the required kind. To enforce the ETA scheme and the wider requirement that everyone (except British and Irish citizens) has permission to travel to the UK, carriers will need to check and confirm an individual’s permission to travel prior to carriage. This section incentivises carriers to check that all passengers have the appropriate permission, including to check with the Home Office where that permission may only be held in digital form, or risk a penalty.
	The section also provides a statutory excuse against the imposition of a penalty, to cater for circumstances where it has not been possible for the carrier to check for the presence of an ETA or another form of permission through no fault of their own.
	Section 76 amends section 40 of the Immigration and Asylum Act 1999.