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Academies Bill [HL]

I am grateful to the noble Lord for giving way, but he has rather challenged me. The answer to his question is this. My amendment leaves a discretion with the Secretary of State, and it will be for the Secretary of State to decide on the two or more interpretations of need. In the same way, it will be up to the Secretary of State to come to conclusions about undue detriment. If, through guidance, the Secretary of States gives a further indication of how the two tests have been interpreted, all the better. But as the noble Lord is well aware, the only basis on which this could be challenged in a court—and challenges to ministerial discretions, which are widespread, are extremely rare—would be that the Secretary of State had acted in a way that no reasonable person could have acted.