Marine and Coastal Access Bill [HL]

The noble Lord accepts that there is a distinction between subsections (4)(a) and (4)(b). Subsection (4)(b) clearly relates to a case-by-case issue and subsection (4)(a) is rather more about the general approach. I think that that is a fair distinction. He says that because of the word ““may””, the licensing authority will not use it. I beg to disagree. The discretion contained and implied by the word ““may”” as opposed to ““must”” is perfectly appropriate. It is entirely right to expect the licensing authority, where appropriate, to undertake the consultation contained in subsections (4)(a) and (4)(b) and ““may”” fits the circumstance.