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SCHEDULE 3Scottish Water: status, constitution, proceedings etc.

Transitory arrangements: initial appointments

11(1)Until the first appointment of the non-executive member mentioned in sub-paragraph (4) of paragraph 2—

(a)sub-paragraph (1)(a) of that paragraph has effect as if for “5” there were substituted “4”,

(b)sub-paragraph (2) of that paragraph has effect as if for “2” there were substituted “1”, and

(c)the constitution of Scottish Water, and the validity of any of its proceedings or actings, may not be questioned by reason only that sub-paragraph (4) of that paragraph has not been complied with.

(2)Sub-paragraph (1)(c) of this paragraph is without prejudice to paragraph 10.