My Lord  in making my main submissions to your Lordship, erm, I submitted and this is  position that there is no distinction between public and private acts,in the British Rail Board both the act and the central fund byelaw should be taken as valid in the interim  if your Lordship is minded to make a reference, unless strong evidence of invalidity is , so your Lordship if you make a reference it needs to form a view as to the strength of the 