SCHEDULES

SCHEDULE 1The Charity Commission

Execution of documents

10

1

A document is executed by the Commission by the fixing of its common seal to the document.

2

But the fixing of that seal to a document must be authenticated by the signature of—

a

any member of the Commission, or

b

any member of its staff,

who is authorised for the purpose by the Commission.

3

A document which is expressed (in whatever form of words) to be executed by the Commission and is signed by—

a

any member of the Commission, or

b

any member of its staff,

who is authorised for the purpose by the Commission has the same effect as if executed in accordance with sub-paragraphs (1) and (2).

4

A document executed by the Commission which makes it clear on its face that it is intended to be a deed has effect, upon delivery, as a deed; and it is to be presumed (unless a contrary intention is proved) to be delivered upon its being executed.

5

In favour of a purchaser a document is to be treated as having been duly executed by the Commission if it purports to be signed on its behalf by—

a

any member of the Commission, or

b

any member of its staff;

and, if it makes it clear on its face that it is intended to be a deed, it is to be treated as having been delivered upon its being executed.

6

For the purposes of this paragraph—

  • authorised” means authorised whether generally or specially, and

  • “purchaser”—

    1. a

      means a purchaser in good faith for valuable consideration, and

    2. b

      includes a lessee, mortgagee or other person who for valuable consideration acquired an interest in property.