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Old 20th Oct 2021, 14:28
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selfin
 
Join Date: Apr 2004
Location: Tomsk, Russia
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I find it very confusing that ORS4 No.1495 exists in the first place.

The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (SI 2019 No. 645), Sch 3, para 2:

2.—(1) Subject to paragraph 3, any other licence, certificate or
approval issued by the European Aviation Safety Agency or by the
national competent authority of an EEA state which continues to be in
force or effective on or after exit day by virtue of Part 3 of
Schedule 8 to the European Union (Withdrawal) Act 2018, is—

(a) to continue to be in force or effective on and after exit day for
the remainder of its validity period up to a maximum of 2 years
(subject to any earlier suspension or cancellation by the CAA); and

(b) to be treated as if it were issued by the CAA.

(2) This paragraph applies only to documents issued under Regulation
(EU) No 2018/1139 and EU implementing Regulations made under it.


According to note I2 on legislation.gov.uk, this provision commenced on IP completion day rather than exit day. The note refers to the European Union (Withdrawal Agreement) Act 2020 (2020 c. 1), Sch 5, subpara 1(1):

1 (1) Any provision in subordinate legislation made before exit day under—

(a) any provision of the European Union (Withdrawal) Act 2018 (or any
provision made under any such provision), or

(b) any other enactment,

which provides, by reference to exit day (however expressed), for all
or part of that or any other subordinate legislation to come into
force immediately before exit day, on exit day or at any time after
exit day is to be read instead as providing for the subordinate
legislation or (as the case may be) the part to come into force
immediately before IP completion day, on IP completion day or (as the
case may be) at the time concerned after IP completion day.


The above SI 2019 No. 645 is (a) subordinate legislation which was made (b) before exit day (2300z on 31 Jan 2020, see Interpretation Act 1978), (c) under a provision of the EU(W)A 2018 (2018 c. 16), and which was originally (d) to come into force immediately on exit day.

Further, para 2 above refers to Part 3 of Schedule 8 to the European Union (Withdrawal) Act 2018. The words "exit day" in that part were replaced with "IP completion day" by EU(WA)A 2020 (2020 c. 1). Finally, para 3, mentioned in para 2 quoted above, makes a requirement for such a licence to be validated by UK CAA before being used on a UK-registered aircraft outside the UK. That is done by a general validation, published as CAP2017, whose subtitle reads "Validation of EASA Part-FCL licences between 1 January 2021 and 31 December 2022" which is two years immediately after IP completion day.

So if I have understood para 2 above correctly, an EASA Part-FCL instructor or examiner certificate is to be treated as if it were issued by the CAA for the remainder of the certificate's validity period up to a maximum of 2 years until 2300z on 31 Dec 2022 at the latest, ie 2 years after IP completion day. Have I completely misunderstood the above legislation?
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