A&C
Competent observer? That sounds like a detailed piece of law
Competent in what ?
The fact that you are on the ILS under control of a controller means you are very unlikely to crash into someone else. Is the Controller a competent observer???
He has not stated that he is going to fly the ILS under the hood Ie maybe down to his minima but visually flying the ILS looking up and down.
If that is the law it needs to be re written as it would not stand up in a bowl of thick custard never mind a court
Pace