Definition
The new law defines a “State body” as a body established by or under an enactment, other than the Companies Act 2014 except where it has been established under the Companies Act in accordance with other legislation and financed through a Government minister.
Such State and unincorporated bodies may now hold remote meetings via real time, two-way audio-visual or audio technology, MH&C points out.
Each attendee must be able to both speak to, and be heard by, all others.
The Act also provides that decisions made or votes taken are “as good and effectual as a decision made, vote taken or other act done by the members concerned would have been if such had been made, taken or done by those members in a meeting of them held in person.”
Validity
Furthermore, the validity of any meeting, vote or decision made or act done shall not be affected by the fact that the meeting was held remotely.
However, the legislation applies differently to State bodies as opposed to meetings of unincorporated bodies.
State bodies may only meet remotely when the Minister designates accordingly, under the new law.
No such designation is required for unincorporated bodies, which can meet under the measures for the ‘interim period’, of three months from 21 August.
Flexibility
MH&C lawyers says the changes may bring much-needed flexibility, and that modernising the way in which State bodies operate is to be welcomed.
Many of the measures were inevitable, in time, but have now been brought about faster than they would otherwise have been, the lawyers say.