# Energy Act 2004, Paragraph 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.

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Source: https://www.legislation.gov.uk/ukpga/2004/20/schedule/1/paragraph/9 (the official version)
Page: https://openlegislation.uk/energy-act-2004/schedule-1/paragraph-9
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.