Energy Act 2004

9 (1) A decision of the NDA relating to a matter mentioned in sub-paragraph (2) is ineffective unless a majority of the members who— U.K.

(a) were present at the meeting at which the decision was made, or

(b) otherwise had an opportunity of participating in the decision-making process,

consisted of non-executive members.

(2) Those matters are—

(a) the NDA’s strategy under section 11 or any modification of that strategy;

(b) its annual plan under section 13 or any modification of that plan;

(c) the arrangements for regulating the proceedings of the NDA;

(d) the delegation of anything to a committee or to a member of the NDA or of its staff, or any further delegation.

(3) A decision by the NDA for regulating its own proceedings may determine what, for the purposes of this paragraph, constitutes an opportunity of participating in the decision-making process.

(4) A question for the purposes of this paragraph about whether a member—

(a) was present at a meeting of the NDA, or

(b) satisfied the requirements that needed to be satisfied for him to be treated as having had an opportunity of participating in a decision,

must be determined (if there are any) exclusively by reference to official minutes of the meeting or decision.

(5) For this purpose the official minutes of a meeting or decision are those made in accordance with the arrangements made under paragraph 12.

Commencement Information

I1 Sch. 1 para. 9 in force at 27.7.2004 by S.I. 2004/1973, art. 2, Sch.