Q&As

How does a Parish Council that does not have a common seal execute a deed such as a transfer or legal mortgage? Section 14(3) of the Local Government Act 1972 provides that where there is no common seal, a document can be signed and sealed by two members of the Council, but what does this mean? Would using the attestation clause ‘Executed as a deed by X Parish Council by’…and then naming two authorised signatories whose signatures are witnessed count as ‘sealing’ by the individual members?

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Published on LexisPSL on 10/02/2021

The following Local Government Q&A provides comprehensive and up to date legal information covering:

  • How does a Parish Council that does not have a common seal execute a deed such as a transfer or legal mortgage? Section 14(3) of the Local Government Act 1972 provides that where there is no common seal, a document can be signed and sealed by two members of the Council, but what does this mean? Would using the attestation clause ‘Executed as a deed by X Parish Council by’…and then naming two authorised signatories whose signatures are witnessed count as ‘sealing’ by the individual members?

In relation to the execution of deeds and documents generally by a Parish Council, we refer you to: Q&A: How does a parish council execute a transfer? What execution clause should be used where the parish council does not have a common seal? See in particular Commentary: Signing and sealing: Arnold Baker Local Council Administration [7.45].

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