Education Bill

Can I press the Minister on one point, following on from the noble Lord, Lord Peston, who drew attention to the philosophical difficulty of new subsection (6)? I notice the review panel will have the discretion to impose a fine for an adjustment in budget but it is not a requirement that the review panel would do so. I am puzzled as to how a review panel is going to decide between one case and another and on what basis. You almost then have the prospect of review panels grading the substance of their requirement that a responsible body review it according to a scale of fines. This strikes me as odd. It is in the subjunctive—that the review panel, "““may, in prescribed circumstances, order an adjustment””—" and I wonder whether the Minister would expand a little more on what the ““may”” represents.