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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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