120

App. F

details to be prescribed in Directions (e.g., radio operators' licences, AND-1), and in yet other cases states that particulars of the requirements for obtaining a licence will be supplied by the Controller of Civil Aviation (paragraph 3 of Schedule V). Example 3 The instruments and equipment, other than radio apparatus, to be carried in aircraft are laid down in Schedule II of the 1933 Regulations, whereas the radio apparatus to be carried is laid down in AND-2. Example 4 Approximately the same provision is sometimes contained both in the Regulations and in the Directions, e.g. : Regulations, Schedule 11, paragraph 12 (a). —" If at any time the Minister considers modifications to an aircraft in respect of which a certificate of airworthiness is in force to be necessary for safety, he may require such modifications to be carried out as a condition of the certificate of airworthiness remaining in force." Air Navigation Direction 3, paragraph 3. —" That if at any time an authorised person (as defined in the principal Regulations) considers a modification to any such aircraft to be necessary for safety, such modification shall be carried out as a condition of the certificate of airworthiness of such aircraft remaining in force." Example 5 Schedule II of the 1933 Regulations, paragraphs 5 to 8, deals with the validation of a foreign certificate of airworthiness. The same ground is covered in Leaflet P. 16 of the New Zealand Civil Airworthiness Requirements introduced by AND-4. These New Zealand Civil Airworthiness Requirements are, presumably, those referred to in Schedule 11, paragraph 3 : A certificate of airworthiness shall not be issued unless—(a) The design of the aircraft in regard to safety conforms to certain minimum requirements approved by the Minister, but are nowhere stated to be so ; instead, they are introduced by AND-4, which is concerned only with the approval of " any person, company, or firm undertaking the design, construction, overhaul, maintenance, or supply of civil aircraft." " (D) Directions have been issued to amend or repeal Air Navigation Regulations issued under the Act. There can be no doubt that these Directions are ultra vires." Example Air Navigation Directions (AND-5) conflict with, and presumably in part supersede, Schedule IV of the Regulations.