Church of England (Miscellaneous Provisions) Measure 2006

Section 2

SCHEDULE 2 Amendment of Church Commissioners Measure 1947

1 The Church Commissioners Measure 1947 (10 & 11 Geo. 6 No. 2) shall be amended as follows.

2 For the headnote to section 9 there shall be substituted the following headnote “Sealing and execution of documents by the Commissioners” and at the end of that section there shall be added the following subsections—

“(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.

(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 signed by two members of the Board.

(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.”.

3 In section 18(1), in the definition of “dean”, the words “or provost” shall be omitted.

4 (1) In Schedule 1—

(a) in paragraph 1(b) the words “or provosts”, in both places where they occur, and the words “and provosts” shall be omitted, after the words “who are not deans” there shall be added the words “, whether or not those clerks are members of that House” and after the words “House of Laity of the General Synod” there shall be inserted the words “, whether or not those persons are members of that House”;

(b) in paragraph 2, in the first sentence, for the words from “at such time” to the end of the sentence there shall be substituted the words “in accordance with the Standing Orders of the General Synod” and for the word “April” there shall be substituted the word “January”;

(c) in paragraph 5 the words “or provost” shall be omitted; and

(d) in paragraph 5A—

(i) in sub-paragraph (1) after the words “General Synod” there shall be inserted the words “who is a member of that House”; and

(ii) in sub-paragraph (2) for the words after “shall be held” to the end there shall be substituted the words “in accordance with the Standing Orders of the General Synod”.

(2) Sub-paragraph (1)(b) above shall apply to the term of office of any Church Commissioner who holds office on the date of the coming into force of that sub-paragraph as if that term of office expired on the thirty first day of December immediately preceding the date on which it would otherwise expire.