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Old 24th Dec 2003, 00:20
  #21 (permalink)  
Flying Lawyer
 
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BEagle

It's simply a common drafting convention of modern statutes which create criminal offences. (JAR-OPS doesn't create a criminal offence.)

eg The Theft Act doesn't say 'Thou shall not steal' but ..... "A person is guilty of theft if ......". The Act defines 'theft' and provides the maximum penalty which may be imposed upon those found guilty of it.

Similarly, the Railways and Transport Safety Act 2003 doesn't say 'Pilots shall not ......".
It creates and defines the offence(s):
"A person commits an offence if - "
and provides the maximum penalty which may be imposed upon someone convicted of committing the offences specified.

Happy Christmas.

Tudor
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