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Charities Act (Northern Ireland) 2008

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Changes over time for: Section 169

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Manner of executing [F1documents]N.I.

This section has no associated Explanatory Notes

169—(1) Charity trustees may, subject to the trusts of the charity, confer on any of their body (not being less than two in number) a general authority, or an authority limited in such manner as the trustees think fit, to execute in the names and on behalf of the trustees [F2documents] for giving effect to transactions to which the trustees are a party; and any [F3document] executed in pursuance of an authority so given shall be of the same effect as if executed by the whole body.

(2) An authority under subsection (1)—

(a)shall suffice for any [F3document] if it is given in writing or by resolution of a meeting of the trustees, notwithstanding the want of any formality that would be required in giving an authority apart from that subsection;

(b)may be given so as to make the powers conferred exercisable by any of the trustees, or may be restricted to named persons or in any other way;

(c)subject to any such restriction, and until it is revoked, shall, notwithstanding any change in the charity trustees, have effect as a continuing authority given by the charity trustees from time to time of the charity and exercisable by such trustees.

(3) In any authority under this section to execute a [F3document] in the names and on behalf of charity trustees there shall, unless the contrary intention appears, be implied authority also to execute it for them in the name and on behalf of the official custodian or of any other person, in any case in which the charity trustees could do so.

(4) Where a [F3document] purports to be executed in pursuance of this section, then in favour of a person who (then or afterwards) in good faith acquires for money or money's worth an interest in or charge on property or the benefit of any covenant or agreement expressed to be entered into by the charity trustees, it shall be conclusively presumed to have been duly executed by virtue of this section.

(5) The powers conferred by this section shall be in addition to and not in derogation of any other powers.

Textual Amendments

F1Word in s. 169 heading substituted (19.1.2013) by Charities Act (Northern Ireland) 2013 (c. 3), s. 10(1), Sch. 1 para. 23(4)

F2Word in s. 169(1) substituted (19.1.2013) by Charities Act (Northern Ireland) 2013 (c. 3), s. 10(1), Sch. 1 para. 23(2)

F3Word in s. 169(1)(2)(a)(3)(4) substituted (19.1.2013) by Charities Act (Northern Ireland) 2013 (c. 3), s. 10(1), Sch. 1 para. 23(3)

Commencement Information

I1S. 169(1)(2)(4)(5) in operation at 1.4.2014 by S.R. 2014/18, art. 2(e)

I2S. 169(3) in operation at 1.4.2014 for specified purposes by S.R. 2014/18, art. 2(e)

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