{
  "url": "https://openlegislation.uk/energy-act-2004/schedule-1/paragraph-9",
  "json_url": "https://openlegislation.uk/energy-act-2004/schedule-1/paragraph-9.json",
  "legislation": "ukpga/2004/20",
  "legislation_title": "Energy Act 2004",
  "legislation_url": "https://openlegislation.uk/energy-act-2004",
  "path": "schedule/1/paragraph/9",
  "kind": "paragraph",
  "number": "9",
  "heading": null,
  "text": "(1) A decision of the NDA relating to a matter mentioned in sub-paragraph (2) is ineffective unless a majority of the members who—\n(a) were present at the meeting at which the decision was made, or\n(b) otherwise had an opportunity of participating in the decision-making process,\nconsisted of non-executive members.\n(2) Those matters are—\n(a) the NDA’s strategy under section 11 or any modification of that strategy;\n(b) its annual plan under section 13 or any modification of that plan;\n(c) the arrangements for regulating the proceedings of the NDA;\n(d) the delegation of anything to a committee or to a member of the NDA or of its staff, or any further delegation.\n(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.\n(4) A question for the purposes of this paragraph about whether a member—\n(a) was present at a meeting of the NDA, or\n(b) satisfied the requirements that needed to be satisfied for him to be treated as having had an opportunity of participating in a decision,\nmust be determined (if there are any) exclusively by reference to official minutes of the meeting or decision.\n(5) For this purpose the official minutes of a meeting or decision are those made in accordance with the arrangements made under paragraph 12.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "Sch. 1 para. 9 in force at 27.7.2004 by S.I. 2004/1973, art. 2, Sch."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/2004/20/schedule/1/paragraph/9",
    "retrieved_at": "2026-10-29T09:17:05.990250+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}