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Draft Affirmative
Laid on: 29 October 2018
This instrument applies to consumer protection which is a transferred matter for Northern Ireland under the Northern Ireland Act 1998.
The Package Travel and Linked Travel Arrangements Regulations 2018 (S.I. 2018/634) (“the 2018 Regulations”) implement the EU Package Travel Directive (2015/2302) (“the Directive”). The 2018 Regulations protect consumers buying package holidays or linked travel arrangements (LTA s) and impose obligations on the organisers of package holidays (“organisers”) and traders which facilitate LTAs (“traders”): the degree of protection is greater in the case of packages.
This instrument is made in exercise of the powers under section 8(1) of the European Union (Withdrawal) Act 2018 to address failures of retained EU law to operate effectively and other deficiencies arising from the withdrawal of the United Kingdom from the European Union in relation to the deficiencies in sections 8(2)(a), (c) and (g).
In particular, the changes are made because, on EU exit, the UK, as it ceases to be a Member State to which the Directive applies, will no longer benefit from the mutual recognition provisions of the Directive. In consequence, the remaining Member States will no longer be required to recognise the insolvency protection put in place under the 20 18 Regulations by UK organisers /traders (requiring them to comply, potentially, with multiple regulatory regimes) and it is also unclear whether the insolvency protection put in place by organisers / traders established in the remaining EU states will continue to protect UK travellers. As a result, the Department does not consider it appropriate to continue to recognise the insolvency protection put in place by traders established in remaining Member States.
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