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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.