PART VIIILEGAL AND ADMINISTRATIVE

Administrative provisions

120The seal.

1

Every council shall provide for the safe custody of its common seal (in this section referred to as “the seal” ), which shall be used only—

a

under the authority of a resolution of the council, or

b

in accordance with standing orders of the council.

2

Every instrument to which the seal of a council is affixed shall be signed by a member of the council and by the clerk of the council or some other person appointed by the council for the purpose.

3

An instrument which has been sealed with the seal of a council and signed as mentioned in subsection (2) shall be held to be validly executed whether attested by witnesses or not.

4

A person entering into a transaction with a council shall not be bound to inquire whether authority to affix the seal has been given in accordance with subsection (1)( a) or whether the seal has been used in accordance with standing orders as mentioned in subsection (1)( b); and all instruments executed by a council under its seal if otherwise valid shall have full force and effect notwithstanding that such authority has not been given or that the use of the seal is not in accordance with standing orders.