DV I'm assuming that this is a real question, not rhetorical. I can only speak from an industry perspective but having had many discussions on ALARP with members of the MAA, it may be helpful.
We were advised (by legal qualified officers) that in the event of an accident and consequential court action, any safety determination we had made could be expected to be investigated by the likes of the HSE or courts to establish whether the legal criteria had been met.
Yes, it was a real question, because since the introduction of RA 1210 not one ODH has appeared in court, or at an inquest. The way I read the regulation, in the case of the Red Arrow accident, the AOC 22 Group should have appeared at the inquest and justified how his platform (and seat) met the tolerable and ALARP criteria that he had signed off on.
DV