9. (1) The Act of 1990 is amended by inserting the following section after section 3A (inserted by section 8(1)):

“Procedure of Agency

3B.(1) The Agency shall hold such and so many meetings as may be necessary for the performance of its functions.

(2) Schedule B shall apply in relation to meetings of, and other procedural matters relating to, the Agency.”

(2) The Act of 1990 is amended by inserting the following Schedule after Schedule A (inserted by section 8(2)):

“SCHEDULE B

Section 3B

Meetings and Procedure of Agency

Meetings

1. (1) The quorum for a meeting of the Agency is 5, or, if there is a vacancy in the membership of the Agency, 4 while the vacancy exists.

(2) A meeting held while there is a vacancy in the Agency is validly held notwithstanding the vacancy so long as there is a quorum.

(3) At a meeting of the Agency—

(a) if the Chairperson is present, he or she shall preside over the meeting, and

(b) if the Chairperson is not present or the office of Chairperson is vacant, the members present shall choose one of the appointed members present to be chairperson of the meeting.

(4) At a meeting of the Agency each member present has a vote and any question on which a vote is required in order to establish the Agency’s view on the matter shall be determined by a majority of votes of members present and voting on the question.

(5) In the case of an equal division of votes, the Chairperson or other member presiding over the meeting has an additional casting vote.

Procedure

2. Subject to this Act, the Agency shall regulate, by rules or otherwise, its procedure (including its procedure for electronic meetings) and business.

Electronic meetings

3. (1) In addition to meeting with all participants physically present, the Agency may hold or continue a meeting by the use of any means of communication by which all the participants can hear and be heard at the same time (in this Schedule referred to as an ‘electronic meeting’).

(2) A member of the Agency who participates in an electronic meeting is taken for all purposes to have been present at the meeting.

(3) The Agency may establish procedures for electronic meetings (including the recording of such meetings) in its rules.

Resolution by circulation of copies

4. (1) The Agency may pass a resolution without a meeting being held if—

(a) all of the members entitled to vote on the resolution are given notice of the resolution, and

(b) a majority of them sign a document containing a statement that they are in favour of the resolution in the document.

(2) A resolution referred to in subparagraph (1) may be passed by the members, or some of them, signing separate copies of the document referred to in clause (b) of that subparagraph if the date and time of each signature is indicated on the document.

(3) A resolution passed in accordance with this paragraph is taken to have been passed at the time when a majority of members entitled to vote on the resolution have signed, or have signed copies of, the document referred to in subparagraph (1)(b).

Seal

5. (1) The seal of the Agency shall be authenticated by the signature of any 2 members or in any other way that the Agency resolves.

(2) Judicial notice shall be taken of the seal of the Agency.

(3) A document purporting to be an instrument made by, and sealed with the seal of, the Agency, and purporting to be authenticated in accordance with subparagraph (1), shall be received in evidence and be taken to be such an instrument unless the contrary is shown.

(4) Any contract or instrument which, if entered into or executed by an individual, would not require to be under seal, may be entered into or executed on behalf of the Agency by any person generally or specially authorised by the Agency to act in that behalf.”