4.10 We have also considered the scope for aligning the new Defence Board with the Defence Council, which is chaired by the Defence Secretary and provides the formal legal basis for the conduct of Defence. Over recent years, membership of the Defence Council has reflected that of the Defence Board (plus Ministers and less non-executives). To avoid any confusion over respective role or accountabilities we recommend that this practice continues and that membership of the Defence Council be updated to refect our recommendations. We recognise that there are some complex legal issues involved in this and that the Department would want to study them carefully. The Service Boards are discussed further in Part 7.