Explanatory note

These Regulations provide for the enforcement of the rights and entitlements set out in Regulation (EU) No 1177/2010 of the European Parliament and of the Council (OJ L. 334, 17.12.2010, p1) (“the EU Regulation”) which concerns the rights of passengers, particularly those with a disability or reduced mobility, when travelling by sea and inland waterway.

Regulation 3 provides offences for failure to comply with various obligations set out in the EU Regulation. These obligations fall, respectively, on sea and inland waterway carriers, ticket vendors, port authorities, terminal operators, tour operators, and travel agents, and the penalties provided by regulation 4 vary from fines not exceeding level 5 on the standard scale on summary conviction to an unlimited fine on conviction on indictment.

Regulation 5 provides that, where a person on whom an obligation is imposed, arranges for another person to carry out that obligation on their behalf, both parties commit an offence if it is contravened.

Regulation 6 provides that it will be a defence for a person to demonstrate that all reasonable steps were taken to ensure compliance with the EU Regulation.

Regulation 7 provides that members and officers of corporate bodies, partnerships and unincorporated associations who have contributed to a failure to comply with the EU Regulation are also be liable to prosecution.

Regulation 8 designates the Maritime and Coastguard Agency as the body responsible for the enforcement of the EU Regulation, and gives it the right to ask for information to assist it in carrying out its functions: it is an offence punishable with a fine not exceeding level 5 on the standard scale on summary conviction, or an unlimited fine on conviction on indictment, to fail to provide it with such information without reasonable excuse.

Regulation 9 enables persons who have suffered an infringement of their rights under the EU Regulation to seek compensation separately from any penal sanction that may be imposed. A claim for compensation must be brought within six months of the infringement complained of unless the court considers it is just and equitable to consider a claim that is out of time.

Regulation 10 provides that certain transitory provisions relating to the commencement of the Equality Act 2010 do not apply to the extent that the EU Regulation governs a particular case.

Regulation 11 requires the Secretary of State to review the operation and effect of these Regulations and publish a report within five years after they come into force and within every five years after that. Following a review it will fall to the Secretary of State to consider whether the Regulations should remain as they are, or be revoked or be amended. A further instrument would be needed to revoke the Regulations or to amend them.

A full regulatory impact assessment of the effect that this instrument will have on the costs of business has been produced and a copy placed in the library of both Houses of Parliament. Copies may be obtained from the Department for Transport, Great Minster House, 33 Horseferry Road, London, SW1P 4DR. Alternatively, copies can be obtained from the Department for Transport’s website, which is at www.gov.uk. It is also published with the Explanatory Memorandum alongside the instrument on www.legislation.gov.uk.