PACO
I'm very relieved to have had a response from the UK CAA, which confirms I was initially wrongly quoted CAP804 Section 4 L 3.6 instead of confirming 4.2 {4 exams to complete for IR-H}which caused the confusion. However, Mr B Mooney's reply was both very prompt and detailed and he explained my current status regarding my ATPL theory credits. I'm very pleased with this outcome.
Below is an extract from Mr Mooney's letter, hopefully this may help a fellow pilot in a similar situation in the future:
I have reviewed your personnel licensing records and can confirm that you completed the ATPL(H)IR theoretical knowledge examination under UK CAA interim arrangements (JAR-FCL 2 amendment 3). The information in your email is almost correct, however I should clarify a couple of points. Since the of JAR-FCL 2 Amendment 6 and subsequent implementation of the EASA Aircrew Regulations, the IR(H) is no longer implicit in an ATPL(H), with the introduction of the ATPL(H) VFR only. This has had a beneficial consequence for pilots such as you. This means that the IR(H) and the ATPL(H) theory credits have been separated and each has its own validity period. These validity periods are set out in Part-FCL.025(c), which I have highlighted below in clarification:
FCL.025 Theoretical knowledge examinations for the issue of licences
(c) Validity period
(1) The successful completion of the theoretical knowledge examinations will be valid:
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(ii) for the issue of a commercial pilot licence or instrument rating (IR), for a period of 36 months;
(iii) the periods in (i) and (ii) shall be counted from the day when the pilot successfully completes the theoretical knowledge examination, in accordance with (b)(2).
(2) The completion of the airline transport pilot licence (ATPL) theoretical knowledge examinations will remain valid for the issue of an ATPL for a period of 7 years from the last validity date of:
(i) an IR entered in the licence; or
(ii) in the case of helicopters, a helicopter’s type rating entered in that licence.
Therefore, while your IR(H) theory credits have expired, your ATPL(H) theory credits remain valid for 7 years from the most recent type rating on your licence. This would permit you to upgrade to an ATPL(H), conditional on satisfying all the ATPL(H) experience and testing requirements, however you would be restricted to VFR only.
Regards.
TTW