Probate Services (Approved Bodies) Order 2008

I thank the noble Lord for explaining the order. I do not think that it is controversial and I suspect that we can happily agree to it. However, I have a couple of short questions. The first concerns consultation. The order states: "““The Secretary of State has considered the advice given to him by the Legal Services Consultative Panel and the President of the Family Division””." Who else was consulted? What is the process of consultation on these matters? I ask my second question with some embarrassment. Why is the affirmative procedure being used? I notice that the order is being passed under the Courts and Legal Services Act 1990, which was enacted when my party was in government. I believe that the noble Lord referred to a slightly later Act, which may have consolidated the earlier Act. It seems to me that some of the affirmative orders which come before us might be better dealt with by the negative resolution procedure. I am not clear why we need to deal with this order by the affirmative procedure, but no doubt the Minister will explain.