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.
Public Bodies Bill [HL]
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 bills on Public Bodies Bill [HL].
Type
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Reference
726 c1574 
Session
2010-12
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