Defra advised in February 2008 that, other than exceptionally, inspectors cannot question Definitive Map Modification Orders on procedural grounds. That included compliance giving rise to exemption from the NERC Act. This was challenged by GLPG, and Defra helpfully changed its advice, agreeing that by virtue of the Winchester case, exemption is a matter of fact to be determined on the evidence, and it is the duty of inspectors to decide this issue. This was notified to PINS on 2 June 2008.