I didnt say it was the law...only that it was the authorities word on the matter. There is much in the AIP which is not encapsulated in the ANO yet we comply with it. But thats not the point.
Consider this..Given the statement in the UK AIP, following an accident of any description where the pilot did not follow this 'advice' or whatever you wish to call it - what would you expect a court decision to come up with - personally I wouldnt like to call it - it could go either way.
In all cases unless the person in question was in receipt of a radar service Im sure his airmanship would be called into question...and whilst he might not have broken any law would you (given the advice from the authorities) possibly consider his actions to be reckless or negligent given that such advice was for a completely different set of actions? Would you have considered that the commander had placed his aircraft in danger?
If so then you have broken laws...(re articles of the ANO about such actions)