Section 1.
1(1)There shall be a Chief Charity Commissioner, and two other commissioners.
(2)Two at least of the commissioners shall be [F1persons who have a 7 year general qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990.].
(3)Subject to sub-paragraph (6) below, the chief commissioner and the other commissioners shall be appointed by the Secretary of State, and shall be deemed for all purposes to be employed in the civil service of the Crown.
(4)There may be paid to each of the commissioners such salary and allowances as the Secretary of State may with the approval of the Treasury determine.
(5)If at any time it appears to the Secretary of State that there should be more than three commissioners, he may with the approval of the Treasury appoint not more than two additional commissioners.
(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2
Textual Amendments
F1Words substituted by Courts and Legal Services Act 1990 (c. 41, SIF 37), s. 71(2), Sch. 10 para. 14
F2Sch. 1 paras. 1(6), 2(3) & Sch. 5 repealed by Education Act 1973 (c. 16), Sch. 2 Pt. I
2(1)The chief commissioner may, with the approval of the Treasury as to number and conditions of service, appoint such assistant commissioners and other officers and such servants as he thinks necessary for the proper discharge of the functions of the Commissioners and of the official custodian for charities.
(2)There may be paid to officers and servants so appointed such salaries or remuneration as the Treasury may determine.
(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3
Textual Amendments
F3Sch. 1 paras. 1(6), 2(3) & Sch. 5 repealed by Education Act 1973 (c. 16), Sch. 2 Pt. I
3(1)The Commissioners may use an official seal for the authentication of documents, and their seal shall be officially and judicially noticed.
(2)The M1Documentary Evidence Act 1868 as amended by the M2Documentary Evidence Act 1882 shall have effect as if in the Schedule to the Act of 1868 the Commissioners were included in the first column and any commissioner or assistant commissioner and any officer authorised to act on behalf of the Commissioners were mentioned in the second column.
(3)The Commissioners shall have power to regulate their own procedure and, subject to any such regulations and to any directions of the chief commissioner, any one commissioner or any assistant commissioner may act for and in the name of the Commissioners.
(4)Where the Commissioners act as a board, two shall be a quorum; and in the case of an equality of votes the chief commissioner or in his absence the commissioner presiding shall have a second or casting vote.
(5)The Commissioners shall have power to act notwithstanding any vacancy in their number.
4Legal proceedings may be instituted by or against the Commissioners by the name of the Charity Commissioners for England and Wales, and shall not abate or be affected by any change in the persons who are the commissioners.