Paragraph 9 I1

(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.

Annotations

Commencement

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