39.—(1) Records of decisions made by a CIO’s charity trustees otherwise than in meetings are evidence of those decisions if they purport to be authenticated by—
(a)in the case of a CIO having more than one charity trustee, any one of those trustees who was not prevented by these Regulations or otherwise by the CIO’s constitution from taking part in the relevant decision;
(b)in the case of a CIO having only one charity trustee, by that charity trustee.
(2) Where a decision of the charity trustees made otherwise than in a meeting has been recorded, then, until the contrary is proved—
(a)the decision is treated as having been duly made in accordance with the provisions of the CIO’s constitution; and
(b)where the decision was that an appointment should be made, that appointment is treated as valid.