Both Standards Doc 21 and the FEH are guidance documents and have no status in law.
I asked that the law be quoted that shows that the requirements listed in the above documents could be ignored for UK National Licences and Ratings.
Unsurprisingly no one has, because it is not possible. In fact the law confirms the requirements:
CAP393 ANO 2014
PART 7 FLIGHT CREW LICENSING – GRANT OF LICENCE AND MAINTENANCE OF PRIVILEGES
Grant, renewal and privileges of United Kingdom flight crew licences (NPPL, UK PPL, etc)
64 (9) The CAA may grant a licence subject to such conditions as it thinks fit. Which would include who might conduct an initial test
Ratings and qualifications (IMC, etc)
65 (6) The CAA may grant a rating or qualification subject to such conditions as it thinks fit. Which would include who might conduct an initial test
SCHEDULE 7 Articles 64 to 71 and 78
Flight crew of aircraft – licences, ratings, qualifications and maintenance of licence Privileges
Certificate of test
2 A certificate of test required by article 66(2), 68(1) or 69(2) must be signed by a person authorised by the CAA to sign certificates of this kind and certify the following: An Examiner is authorised by the CAA to sign certificates and to conduct Skill Tests
PART 31 POWERS AND PENALTIES
Certificates, authorisations, approvals and permissions
245 Wherever in this Order there is provision for the issue or grant of a certificate, authorisation, approval or permission by the CAA, unless otherwise provided, such a certificate, authorisation, approval or permission:
(b) may be issued or granted subject to such conditions as the CAA thinks fit
So: The CAA is perfectly entitled to impose conditions on Examiners for National Licences or Ratings
The CAA is empowered, in law, to impose conditions on Examiner authorisations and it has promulgated via multiple routes that (for simplicity if nothing else) all Examiners' privileges and requirements (for whatever Licence or Rating) shall be as set out in Part-FCL. To avoid any doubt the CAA also specifically stated, in the last two FEHs, that Examiners could not test candidates for initial issues of National Licences or Ratings if they had been involved in their training.
All UK Examiner certificates are linked to Part-FCL, either directly or via the ANO.
Which also means that if Part-FCL changes (as per condor17 Post 4) then any relaxation will instantly apply for National testing as well.
I look forward to having it explained to me why CAP393 does not apply to National Licences or Ratings; or how I have misunderstood it..............