Descending through cloud without a procedure

[homeguard]

Mandatory

I've read all the posts carefully and wonder at why so many are so keen to venture into the legal world of so many things when i doubt whether the lawyers amongst us would be willing to define an absolute in all of this at all.
Class 1 VHF navigation radio is tested for many standards, FM immune protection being just one.
Class 3 equipment is usable at all times unless it is stipulated that the use of such equipment is MANDATORY!
Currently it is only within certain controlled airspace that, for a particular purpose, the use of the equipment is stipulated to be mandatory.
It is not stipulated to be neccesary anywhere outside of controlled airspace. I have noted a number of personal interpretations of the JARs. There has been some qualified advice that the use of Class 3 equipment outside of controlled airspace (class G) when undertaking an ILS in IMC is illegal. The arguement here is that because you cannot do an ILS without using the ILS receiver equipment then it must be mandatory equipment. That is not neccessarily the correct us of 'mandatory'. The word mandatory leads to the action that must be followed following the issue of a mandate. No such mandate has been issued to date with regard to the use of class 3 equipment outside contolled airspace.
Class 3 equipment must as with Class 1 be tested and signed off as being within limits and FIT for its purpose and therefore must be complient with the JARs. Or, do we have a double standard!