The Electricity (Single Wholesale Market) (Northern Ireland) Order 2007

Decision making and voting N.I.

8.—(1) A matter may be decided by agreement— N.I.

(a) of all members of the SEM Committee (whether at a meeting or not); or

(b) of all members of the SEM Committee present at a meeting.

(2) Where at any meeting of the SEM Committee all the members present are not agreed as to any matter falling to be decided at that meeting, the following provisions of this paragraph apply.

(3) The matter shall be put to a vote and may be decided by a majority of the votes cast.

(4) For this purpose there shall be 3 votes of which—

(a) the independent member (or the deputy independent member) if present shall have one;

(b) the Authority members who are present shall have one; and

(c) the CER members who are present shall have one.

(5) There shall be no casting vote; and accordingly where there is an equality of votes cast the matter shall not be decided at the meeting (but may be decided at a later meeting).

(6) In relation to a vote falling to be cast under head (b) or (c) of sub-paragraph (4)—

(a) where all the members mentioned in that head are agreed as to how the vote is to be cast, the vote shall be cast in that manner;

(b) where a majority of those members are agreed as to how the vote is to be cast, the vote shall be cast in that manner;

(c) in any other case, no vote shall be cast.

(7) Nothing in this paragraph affects the application of paragraph 7.