38.—(1) This article—
(a)shall, subject to sub-paragraph (b), apply to public transport aircraft registered in the United Kingdom except aircraft used for the time being solely for flights not intended to exceed 60 minutes in duration, which are either—
(i)flights solely for training persons to perform duties in an aircraft; or
(ii)flights intended to begin and end at the same aerodrome; and
(b)shall not apply to an aircraft flying, or intended by the operator of the aircraft to fly solely under and in accordance with the terms of a police air operator’s certificate.
(2) The operator of every aircraft to which this article applies shall—
(a)make available to each member of his operating staff an operations manual;
(b)ensure that each copy of the operations manual is kept up to date; and
(c)ensure that on each flight every member of the crew has access to a copy of every part of the operations manual which is relevant to his duties on the flight.
(3) An operations manual—
(a)shall, subject to sub-paragraph (b), contain all such information and instructions as may be necessary to enable the operating staff to perform their duties as such including in particular information and instructions relating to the matters specified in Part A of Schedule 9; but
(b)shall not be required to contain any information or instructions available in a flight manual accessible to the persons by whom the information or instructions may be required.
(4) An aircraft to which this article applies shall not fly unless, at least 30 days prior to such flight, the operator of the aircraft has furnished to the CAA a copy of the whole of the operations manual for the time being in effect in respect of the aircraft.
(5) Subject to paragraph (6), any amendments or additions to the operations manual shall be furnished to the CAA by the operator before or immediately after they come into effect.
(6) Where an amendment or addition relates to the operation of an aircraft to which the operations manual did not previously relate, that aircraft shall not fly for the purpose of public transport until the amendment or addition has been furnished to the CAA.
(7) Without prejudice to paragraphs (4) and (5), the operator shall make such amendments or additions to the operations manual as the CAA may require for the purpose of ensuring the safety of the aircraft or of persons or property carried therein or the safety, efficiency or regularity of air navigation.
(8) If in the course of a flight on which the equipment specified in Scale O in paragraph 6 of Schedule 4 is required to be provided the said equipment becomes unserviceable, the aircraft shall be operated on the remainder of that flight in accordance with any relevant instructions in the operations manual.