Airlines, ferry companies and rail operators now have a firm date to work to. The Home Office has signed the Nationality and Borders Act 2022 (Commencement No. 9) Regulations 2026, bringing Section 76 into force on 20 March 2026. The measure applies across the UK and was made on 25 February 2026, signed by Parliamentary Under Secretary of State Mike Tapp.

Section 76 expands the long‑standing carriers’ liability scheme by making operators liable if a traveller arrives without a required Electronic Travel Authorisation. It plugs into the existing regime under Section 40 of the Immigration and Asylum Act 1999, which already penalises carriage of passengers without a valid passport or, where needed, a visa. From 20 March, permission in digital form matters as much as a visa sticker. (legislation.gov.uk)

For scope, this is not just for airlines. Section 40 covers the owner or agent of a ship, the owner of a road passenger vehicle, and the operator of a train, capturing ferries, coach services crossing into the UK and Eurostar‑type rail services. That breadth has been in statute for years and remains relevant once ETAs are added to the checklist. (publications.parliament.uk)

The money at risk is material for any operator. The Section 40 civil penalty is charged per passenger. Current Home Office guidance puts the charge at £2,000 for each inadequately documented arrival. A small cluster of errors on a busy rotation can therefore escalate quickly, before factoring in re‑routing, hotel costs and staff time. (gov.uk)

In practical terms, check‑in and boarding systems need to confirm the traveller’s permission to travel in digital form, not just passport and visa data. To reduce exposure, operators should ensure their departure control systems can query and record permission status, block issuance of boarding passes where no ETA is found, and preserve an auditable trail showing what was checked and when. That audit trail is often the difference between a charge sticking and a charge being cancelled under the statutory defences for proof of checks at embarkation. (publications.parliament.uk)

Ferry and rail acceptance will feel the change most. Foot passengers and coach parties frequently board in environments with looser DCS integration than airports. That argues for staffed pre‑boarding control points, clear signage at terminals and stations, and simple escalation paths when a customer cannot surface a valid ETA. It is also worth stress‑testing group travel processes, where one missing ETA can delay a whole coach.

Commercial partnerships are another weak point. Code‑share flights, wet leases and rail or ferry through‑tickets blur who actually accepts the customer. The legal exposure sits with the owner or operator that carries the passenger to the UK, so acceptance policies and systems need to be aligned with partners and ground handlers. Our read is that this is a board‑level supplier‑management issue as much as an IT change.

Frontline training cannot wait until the week of 20 March. Staff need a short, scenario‑based refresher that covers what an ETA is, how to verify it, what to do if systems are down and how to record refusals of carriage. Customer‑facing teams should also be ready to explain calmly why a traveller who previously visited visa‑free now needs a pre‑travel authorisation.

Finance directors should model a realistic penalty envelope per route and set trigger points for incident reviews. A conservative planning assumption is that penalties accrue per passenger and can stack on a single service. The Home Office’s Risk and Liaison Overseas Network can help carriers reduce charges by improving document checking at source, which is why early engagement is usually worthwhile. (gov.uk)

The takeaway for operators is straightforward: by 20 March 2026, embed ETA verification in acceptance, train staff and document everything. The takeaway for travellers is just as clear: without an ETA, you may be refused boarding even if your passport previously allowed visa‑free short stays. That is the policy intent the Home Office set out alongside Section 76. (legislation.gov.uk)