Just to make things clear: I assume that this is a club/school rule, and not something directly derived from ANO regulations, right? And at your club/school, those checks are only done by current FIs?
For check out with us a designated approved FI or trainee FI,
Yes BP, as I an sure you know, most clubs have their own rules as to check flight recency and conversions and these are based on internal rulesas opposed to the ANO.
With us nominated experienced pilots who have been checked out in the right hand seat and have more than 10 hours on type and more than 100 hours P1 total and have passed our written type exam may
at the discretion of the CFI check someone out.
I am not sure if the ANO states anywhere if the commander HAS to be decided before flight but by implication it does. Pre flight action by commander of aircraft for instance.
To be able to operate the aircraft properly there has to be a designated commander before flight otherwise who is going to fly the aircraft in the event of an emergency. This is especially important in an emergency say on take off. Think about the situation where a pilot being checked out has an EFATO on his first take off, not the time to have a conference about who is in command!!!!
Someone has to take responsiblity for the loading of the aircraft and the fuel required BEFORE flight, the pilot being checked out may well decide this but it remains the commanders responsiblity and he/she is the one who may have to stand up in court and explain his/her reasoning.