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Church Commissioners Measure 1947
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9 [F1Sealing and execution of documents by the Commissioners]U.K.
(1)The common seal of the Commissioners shall be judicially noticed and shall be authenticated by the signature of the secretary, or of some other officer of the Commissioners authorised by the Board to act in that behalf.
(2)Every document purporting to be sealed with the said seal and to be authenticated by the signature of the secretary, or of a person so authorised to act in that behalf, shall be received in evidence and be deemed to be such an instrument without further proof, unless evidence to the contrary is given.
[F2(3) A document signed by two members of the Board and expressed (in whatever form of words) to be executed by the Commissioners shall have the same effect as if executed under the common seal of the Commissioners.
[F3(3A)A document which is signed by two officers of the Commissioners authorised by the Board for that purpose, and which is expressed (in whatever form of words) to be signed on behalf of the Commissioners, shall have the same effect as if executed under the common seal of the Commissioners.
(3B)An authorisation under subsection (3A) shall have effect subject to such limitations or conditions as may be specified in it.]
(4)A document executed by the Commissioners which makes it clear on its face that it is intended to be a deed has effect, upon delivery, as a deed; and it shall be presumed, unless a contrary intention is proved, to be delivered upon its being so executed.
(5)In favour of a purchaser a document shall be deemed to have been duly executed by the Commissioners if it purports to be [F4signed in accordance with subsection (3) or (3A)].
(6) In subsection (5) above “ purchaser ” means a purchaser in good faith for valuable consideration and includes a lessee, mortgagee or other person who, for valuable consideration, acquires an interest in property. ]
[F5(3)In this section “ signature ” includes signature by electronic means.]
Textual Amendments
F1S. 9 heading substituted (1.10.2006) by Church of England (Miscellaneous Provisions) Measure 2006 (No. 1), s. 16(2), Sch. 2 para. 2; 2006 No. 2, Instrument made by Archbishops
F2S. 9(3)-(6) added (1.10.2006) by Church of England (Miscellaneous Provisions) Measure 2006 (No. 1), s. 16(2), Sch. 2 para. 2; 2006 No. 2, Instrument made by Archbishops
F3S. 9(3A)(3B) inserted (1.3.2019) by Church of England (Miscellaneous Provisions) Measure 2018 (No. 7), ss. 11(1), 17(3) (with s. 11(6)(7)); S.I. 2019/67, art. 2(1)(j)
F4Words in s. 9(5) substituted (1.3.2019) by Church of England (Miscellaneous Provisions) Measure 2018 (No. 7), ss. 11(2), 17(3) (with s. 11(6)(7)); S.I. 2019/67, art. 2(1)(j)
F5S. 9(3) added at the end (19.5.2014) by Church of England (Miscellaneous Provisions) Measure 2014 (No. 1), s. 21(2), Sch. 2 para. 3(5); S.I. 2014/1369, art. 2
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