delete Air Carrier Liability Order 1998
The Air Carrier Liability Order 1998 implements EU Council Regulation (EC) No. 2027/97 on air carrier liability, amending the Carriage by Air Act 1961 and related regulations. It disapplies certain Warsaw Convention liability limits for Community air carriers (allowing higher passenger compensation), requires airlines to provide mandatory disclosure about liability provisions to passengers, and creates criminal offenses with fines for non-compliance by both Community and non-Community carriers failing to meet disclosure requirements.
This is retained EU law implementing a Brussels regulation without full parliamentary scrutiny. The criminalization of administrative compliance failures (level 5 fines for disclosure violations) imposes disproportionate regulatory burden on carriers. While passenger protection is valuable, the mechanism of criminal offenses for paperwork failures is heavy-handed. Post-Brexit Britain should reform air carrier liability through primary legislation with proper democratic debate rather than retaining EU-derived criminal offences. The underlying policy goal can be better achieved through civil liability rules and market disclosure requirements without criminal sanctions.