Energy Act 2004

Part 2 Proceedings of NDA

Committees of the NDA and advisory committees

7 (1) The NDA may make such arrangements as it thinks fit—

(a) for the carrying out of its functions by committees established by it; and

(b) for committees established by it to give it advice about matters relating to the carrying out of its functions.

(2) The membership of every committee established by the NDA must include at least one person who is a member of the NDA.

(3) Where the NDA—

(a) establishes a committee for the purpose of giving it advice, and

(b) does not authorise it under paragraph 8 to do anything on the NDA’s behalf,

the membership of the committee may include persons (including persons constituting a majority of the committee) who are neither members of the NDA nor members of its staff.

(4) In other cases every member of the committee must be either—

(a) a member of the NDA; or

(b) a member of its staff.

(5) Where a person who is neither a member of the NDA nor a member of its staff is a member of a committee, the NDA may pay to that person such remuneration and expenses as it determines.

Delegation of functions

8 (1) Anything that is authorised or required by or under an enactment to be done by the NDA may be done on its behalf—

(a) by a member of the NDA, or of its staff, who has been authorised by it for the purpose (whether generally or specifically); or

(b) by a committee established by the NDA which has been so authorised.

(2) The NDA must not make arrangements for the final decision on any of the following to be made by a committee or by a member of the NDA or of its staff—

(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 further delegation of anything delegated to a committee or to a member of the NDA or of its staff.

Quorums

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—

(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.

Proceedings of the NDA and of their committees etc.

10 (1) The NDA may make such other arrangements as it thinks fit—

(a) for regulating its own proceedings; and

(b) for regulating the proceedings of the committees it has established.

(2) Arrangements under sub-paragraph (1) may include such arrangements (in addition to the provision made by paragraph 9) as the NDA thinks fit about quorums and the making of decisions by a majority.

(3) The procedure for the carrying out of the separate functions which under this Act are conferred on the non-executive members must be in accordance with such arrangements as may be determined by a majority of the non-executive members.

(4) The NDA must publish, in such manner as it considers appropriate, the arrangements made under this paragraph.

Authentication of NDA’s seal

11 (1) Authentication of the application of the NDA’s seal is to be by the signature of—

(a) the chairman or another member of the NDA; or

(b) any other person authorised by it for the purpose (whether generally or specifically).

(2) A document purporting to be—

(a) duly executed under the seal of the NDA, or

(b) signed on behalf of the NDA,

may be received in evidence and, except so far as the contrary is shown, is to be taken to be duly so executed or signed.

(3) This paragraph does not extend to Scotland.

Records of proceedings

12 (1) The NDA must make arrangements for the keeping of proper records of each of the following—

(a) its proceedings;

(b) proceedings of the committees established by it;

(c) proceedings at meetings of the non-executive members; and

(d) anything done by a member of the NDA or of its staff in reliance on a delegation under paragraph 8.

(2) The references in paragraphs 8 and 9 to arrangements for regulating the proceedings of the NDA include references to arrangements made under this paragraph with respect to such proceedings.

Validity of proceedings

13 (1) The validity of proceedings of the NDA, of the non-executive members or of a committee established by the NDA shall not be affected by—

(a) a vacancy in the membership of the NDA or of such a committee;

(b) a defect in the appointment of the chairman, of any other non-executive member, of the chief executive or of any other executive member;

(c) a failure of the Secretary of State to comply with the requirements of section 2(9); or

(d) a failure to comply with arrangements made under paragraph 10.

(2) Nothing in sub-paragraph (1) validates—

(a) the proceedings of a meeting which would still be inquorate even if defects and failures mentioned within sub-paragraph (1)(b) or (c) had not occurred; or

(b) a decision which (apart from this paragraph) is ineffective by virtue of paragraph 9.