Given that this is an IAM thread I think it's quite important that IAM/Rospa policy is not mis-quoted or mis-interpreted so I don't think it's missing the point.
The IAM and Rospa do not condone breaking the law.
It's very simple. If you cannot overtake safely without breaking the speed limit then you should not be overtaking.
You will be expected on an advanced test to be able to judge whether you need to exceed the speed limit or not, so you will be expected to show restraint if necessary.
If speed over the limit is required for safety then you'll be expected to decline the overtake, but you are not expected to just "give up".
You are expected to observe the beahviour of the motorist in front. Do they slow down for bends? or in certain circumstances? Can you take advantage of that?
You will be expected to adopt a "following" or "overtaking" postition (see Roadcraft) in various circumstances e.g. you might adopt an overtaking position before a right hand bend, whereas if there are solid white lines you would adopt a following position. You would be expected to be constantly vigilent and in the right place to take an overtake IF a safe and legal one became available.
Does that make it clear?
There is no contradiction there between being legal and safe, because if it's not both safe AND legal then you don't do it.
