Section 23 — Proceedings of Board

What this section requires

The Board follows a prescribed procedure for its meetings (including by digital means) and for authenticating its orders, directions and instruments. No act or proceeding is invalid merely for a vacancy, a defect in the constitution of the Board, a defect in someone's appointment, or an irregularity that doesn't affect the merits. If the Chairperson can't act due to absence, illness or another cause, the senior-most Member acts until she resumes.

Who it applies to

The Board itself, in how it conducts its own business — not a Data Fiduciary obligation, though it is relevant to a fiduciary contesting a Board order on procedural grounds: a mere technical irregularity that doesn't affect the merits is not, by itself, a ground to invalidate the proceeding.

Checklist

• Not applicable for ordinary compliance — but if challenging a Board order, note that sub-section (2) closes off "the Board was improperly constituted" as a standalone ground unless the irregularity actually affected the merits.

Penalty exposure

Not applicable — no Schedule item attaches to Board procedure.

Implementation timeline

In force since 13 November 2025.