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Old 12th Nov 2009, 07:12
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BroomstickPilot
 
Join Date: Apr 2002
Location: Surrey, England
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Consultation

Hi Pace,

Let me say at the outset, I am not a lawyer. However I did read law at one time during my mis-spent youth. I can, however, give you a general idea of the law, but you need to consult a real lawyer on your personal legal situation. However in general the following is what I believe you will find to be the case.

What does consulted refer to? Is it that you just have to be aware of rule changes which may come into force that will effect you?
British statutes frequently provide for the Minister/Secretary of State to have powers to make regulations. These generally have a provision requiring that the Minister/Secretary of State should enter into active consultation with interested parties (i.e. usually by writing to their trade bodies to seek their views or holding meetings with these regarding the proposed regulations,) before finalising the new regulations.

If the Minister/Secretary of State fails to do so, then his/her new regulations could be challenged in court on grounds that he/she had acted 'ultra vires', (i.e. beyond his/her powers) by creating the new regulations without consultation.

Deprive a living might be relevant to myself being paid to fly a N reg Jet in Europe if I was stopped from doing so but how would that effect someone who for instance bought an aircraft to get him home at weekends from say London to Scotland?
Fuji has largely answered this question. I would only add that it is of relevance within which legal administration your contract of employment to fly the 'N Reg' was made. Was you contract entered into under English Law, under US Law, or the law of some other country?

In regard to the IMCR holder, it is important to recognise that in principle in any conflict between English Law and EU Law, EU Law ALWAYS takes precedence. This is why the current discussions on the IMCR at European level are so vital. Whatever is decided will be the law in the EU. However, there is provision in EU law for the UK to deviate from the EU decision by filing a difference from EU law with EASA. Something Member States only do as a last resort, as it tends to have a damaging effect on their relationship with the EU.

Broomstick.
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