National Institutions Measure 1998

Part II E General provisions

8 E The Council shall be a body corporate, with perpetual succession and a common seal.

9 (1) A member of the Council appointed under paragraph 1(2) above F1 ... shall, if not otherwise a member of the General Synod, be an ex-officio member— E

(a) in the case of a bishop, of the House of Bishops,

(b) in the case of any other clerk in Holy Orders, of the House of Clergy, and

(c) in the case of a lay person [F2 who is an actual communicant (as defined in [F3 Rule 83(2)] of the Church Representation Rules)], of the House of Laity.

(2) A [F4 lay ] member of the Council appointed under paragraph 1(2) above who is not an actual communicant (as so defined) shall be entitled to attend at a group of sessions of the General Synod and, subject to such restrictions as may be imposed by the Standing Orders of the General Synod, to speak in any debate.

Textual Amendments

F1 Words in Sch. 1 para. 9(1) omitted (1.10.2006) by virtue of Church of England (Miscellaneous Provisions) Measure 2006 (No. 1), ss. 13(a), 16(2); 2006 No. 2, Instrument made by Archbishops

F2 Words in Sch. 1 para. 9(1) inserted (1.10.2006) by Church of England (Miscellaneous Provisions) Measure 2006 (No. 1), ss. 13(a), 16(2); 2006 No. 2, Instrument made by Archbishops

F3 Words in Sch. 1 para. 9(1)(c) substituted (1.1.2020) by Church Representation and Ministers Measure 2019 (No. 1), s. 1(3), Sch. 2 para. 18; S.I. 2019/1460, art. 2

F4 Word in Sch. 1 para. 9(2) inserted (1.10.2006) by Church of England (Miscellaneous Provisions) Measure 2006 (No. 1), ss. 13(b), 16(2); 2006 No. 2, Instrument made by Archbishops

10 E The arrangements relating to meetings of the Council shall be such as the Council may determine and, subject to paragraph 7 above, the Council shall have power to regulate its own procedure.

11 E The validity of any proceedings of the Council shall not be affected by any vacancy among the members or by any defect in the appointment of any member.

12 E The application of the seal of the Council shall be authenticated by the signature of the Secretary-General or of some other person authorised by the Council, either generally or specifically, to act for that purpose.

[F5 12A (1) A document which is signed by two members of the Council and expressed (in whatever form of words) to be executed by the Council shall have the same effect as if executed under the seal of the Council. E

(2) A document which is signed by two officers of the Council authorised by the Council for that purpose, and which is expressed (in whatever form of words) to be signed on behalf of the Council, shall have the same effect as if executed under the seal of the Council.

(3) An authorisation under sub-paragraph (2) shall have effect subject to such limitations or conditions as may be specified in it.

(4) A document executed by the Council which makes 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 person who in good faith acquires an interest in property for valuable consideration, a document shall be deemed to have been duly executed by the Council if it purports to be signed in accordance with sub-paragraph (1) or (2).]

Textual Amendments

F5 Sch. 1 para. 12A inserted (1.3.2019) by Church of England (Miscellaneous Provisions) Measure 2018 (No. 7), ss. 11(4), 17(3) (with s. 11(6)(7)); S.I. 2019/67, art. 2(1)(j)

13 E Any document purporting to be a document duly executed under the seal of the Council, or to be signed on behalf of the Council, shall be received in evidence and shall, unless the contrary is proved, be deemed to be so executed or, as the case may be, signed.

14 (1) It shall be within the capacity of the Council as a statutory corporation, in so far as its objects permit to do all such things and enter into all such transactions as are incidental or conducive to the discharge of its functions. E

(2) Without prejudice to the foregoing, the powers of the Council shall include power to acquire or dispose of any property and to borrow money.

15 (1) The Council may appoint such committees as it considers expedient and may delegate any of its functions to a committee. E

(2) Persons who are not members of the Council may be appointed to a committee.

16 E The Council shall appoint a chief executive, to be known as “the Secretary General”, and may appoint such other officers as it may determine.

[F6 17 (1) The Council and its committees may authorise such officers as the Council may specify to carry out on its or their behalf such functions as may be specified. E

(2) The Council or any of its committees may, if it considers that any business can properly be conducted by correspondence, instruct the Secretary General or the secretary of the committee to circulate to the Council or the committee in writing or by electronic transmission proposals requiring the approval of its members.

(3) Unless objections to the proposal are received from members of the Council or the committee in such numbers and within such period from the date of their posting or transmission (as the case may be), as the Council or the committee may specify, the proposals shall be deemed, at the expiry of that period, to be approved by the Council or the committee with the same effect as if they had been approved at a duly convened meeting.]

Textual Amendments

F6 Sch. 1 para. 17 added (19.5.2014) by Church of England (Miscellaneous Provisions) Measure 2014 (No. 1), s. 21(2), Sch. 2 para. 13(4); S.I. 2014/1369, art. 2