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Proceeding contribution from Lord Lester of Herne Hill (Liberal Democrat) in the House of Lords on Monday, 4 April 2011. It occurred during Debate on bill on Public Bodies Bill [HL].

Public Bodies Bill [HL]

I am in more of a muddle now than I thought I was. Clause 11(1) proceeds on the basis that, "““the Minister considers it appropriate to proceed with the making of an order under sections 1 to 6””." That is the premise. If that is the premise, surely the Minister will have to lay a draft order and an explanatory document. If that is the position and there is no scope for discretion at that stage—because he or she has already made the determination that it is appropriate to proceed—I do not understand why it does not say ““shall”” or ““must””. It says ““must”” elsewhere and it seems to me that it is a situation where it is a ““must”” and not a ““may””. Maybe I have got it wrong.

Secondary information

Type
Proceeding contribution
Reference
726 c1574 
Session
2010-12
Chamber / Committee
House of Lords chamber
Subjects
Devolved matters Consumers Agriculture Conservation Closures Coastal areas Devolution Finance Flood control Environment Legislative competence Forestry Forestry Commission Environment Agency Drinking water Ministerial powers Northern Ireland Protection Public bodies Public consultation National Assembly for Wales Parliamentary scrutiny Non-departmental public bodies Trade unions Wales Welsh Government Citizens Advice Marine Management Organisation Consumer Council for Northern Ireland Regional flood defence committees Consumer Focus Statutory instruments
Legislation
Public Bodies Bill (HL) 2010-12
Link
View this Proceeding contribution on www.publications.parliament.uk