@Webby737 Thanks - will investigate more.
In September the CAA confirmed that they could theoretically issue me with a Class 1 with VCL NCAT restrictions, which would mean I could fly commercially in day time. There are a couple of organisations near me that operate vintage aircraft that are day only anyway, which is why I wanted to know.
But, EASA CPL now requires the night rating.
I emailed EASA to ask whether I could 'hypothetically' be issued a CPL with day-only restrictions, as per the old JAR system, and if not, why not?
Their response:
EASA cannot provide legally binding interpretations of EU Regulations. These functions are reserved to national and EU courts and to the European Commission.
Under the EU Treaties, Member States are responsible for interpreting and implementing EU law in their national legal system.
For that reason, any queries concerning the implementation of aviation safety regulations within EASA’s remit should be forwarded to your Licensing Authority/ Competent Authority.
What is confusing is that my letter from the CAA said, in the context of the restricted Class 1, "This effectively means you may be able to pursue daytime flying instruction or aerial work within UK airspace."
So EASA's view is that you can't, but the CAA say you might be able to?