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Church of England Pensions Measure 2018

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PART 2 EFunctions, practice and procedure

Incidental powersE

5(1)The Board may do anything it thinks necessary or appropriate for the purpose of, or in connection with, the exercise of its functions.E

(2)A provision of this Measure which specifies things which the Board may do for the purpose of, or in connection with, the exercise of a function conferred by that provision does not affect the generality of sub-paragraph (1).

StaffE

6(1)The Board may determine the duties and remuneration of its staff.E

(2)The Board must pay from the funds it administers—

(a)the salaries or other remuneration of its staff, and

(b)the working expenses of the Board.

CommitteesE

7(1)A committee appointed by the Board may include persons who are not members of the Board.E

(2)A reference in this Part of this Schedule to a committee is to a committee appointed by the Board.

ProcedureE

8(1)The quorum of the Board is six; and the quorum must include at least two persons each of whom is a representative of a pension scheme administered by the Board.E

(2)The validity of anything done by the Board is not affected by a vacancy among its members or by a defect in the appointment of a member.

(3)The Board may make standing orders regulating its procedure, subject to sub-paragraphs (1) and (2) and paragraph 7; and a reference in a subsequent provision of this Schedule to standing orders is to those so made.

Delegation of functionsE

9(1)The Board may delegate the exercise of any of its functions to a committee.E

(2)The Board or a committee may, in accordance with such provision as standing orders may make, delegate the exercise of any of its functions to an officer.

Conduct of businessE

10(1)If the chair of the Board or of a committee considers that it has business which can properly be conducted by correspondence, the chair may instruct the secretary to circulate to the members written proposals requiring their approval.E

(2)Unless objections are received from members in such numbers and within such period as standing orders may specify, proposals circulated under sub-paragraph (1) are to be treated on the expiry of that period as if they had been approved by the Board or the committee concerned at a duly convened meeting.

Seal and evidenceE

11(1)The application of the Board's seal must be authenticated by the signature of the secretary or of another officer authorised by the Board (whether generally or specifically) for that purpose.E

(2)A document purporting to be duly executed under the Board's seal is to be received in evidence and, unless the contrary is proved, taken to be so executed.

(3)A document which is signed by two members of the Board and expressed (in whatever form of words) to be executed by the Board has the same effect as if executed under its seal.

(4)A document which is signed by two officers or members of staff of the Board authorised by the Board for that purpose, and which is expressed (in whatever form of words) to be signed on behalf of the Board, has the same effect as if executed under its seal.

(5)An authorisation under sub-paragraph (4) has effect subject to such limitations or conditions as it may specify.

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

(7)In favour of a person who in good faith acquires an interest in property for valuable consideration, a document is taken to be duly executed by the Board if it purports to be signed in accordance with sub-paragraph (3) or (4).

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