Charities Act 1960

Section 1.

FIRST SCHEDULE Constitution, etc., of Charity Commissioners

1 (1) There shall be a Chief Charity Commissioner, and two other commissioners.

(2) Two at least of the commissioners shall be barristers or solicitors.

(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) Any person holding office as paid commissioner at the passing of this Act shall be entitled to continue in that office on the same conditions as if this Act had not been passed.

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) Any secretary of the Commissioners holding office on the appointment of Her Majesty at the passing of this Act shall be entitled to continue in that office without re-appointment.

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 Documentary Evidence Act, 1868, as amended by the Documentary 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.

4 Legal 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.