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statutory corporation

statutory corporation

Postby inshallah » Sun Sep 17, 2017 6:37 pm

Can anyone throw a light on the legal personality of statutory corporation's ?
How "limited" are they in respect of entering contracts etc ?
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Re: statutory corporation

Postby inshallah » Sun Sep 17, 2017 6:57 pm

Please let me add to my Post the copy & paste ;

s.1(5) The validity of transactions entered into by the Commissioners shall not be
called in question on any suggestion of their not having acted in accordance
with the provisions of this Act regulating the exercise of their powers, or of
their having otherwise acted in excess of their authority, nor shall any person
dealing with the Commissioners be concerned to inquire as to the extent of
their authority or the observance of any restrictions on the exercise of their
powers


Does that not appear to be a 19th Century type law/statute still in existence today ?
So one cannot question them at all.
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Re: statutory corporation

Postby atticus » Sun Sep 17, 2017 7:33 pm

That is s1(5) of which Act of Parliament, please?

The year of the Act may give a better indication of the century in which it was enacted.

Also, the full statute may also answer your principal question.
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Re: statutory corporation

Postby inshallah » Sun Sep 17, 2017 7:39 pm

Sorry it is the Crown Estate Act 1961

Thanks
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Re: statutory corporation

Postby inshallah » Sun Sep 17, 2017 7:53 pm

THIS wording (not in the act itself elsewhere) is wrong is it not;


The Crown Estate is constituted as a statutory corporation under the Crown Estate Act 1961
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Re: statutory corporation

Postby Smouldering Stoat » Sun Sep 17, 2017 8:25 pm

Is it? From the Act:

1 Continuance of Crown Estate Commissioners, and general provisions as to their constitution and functions.

(1)The Crown Estate Commissioners (in this Act referred to as “the Commissioners”) shall continue to be a body corporate for all purposes, charged on behalf of the Crown with the function of managing and turning to account land and other property, rights and interests, and of holding such of the property, rights and interests under their management as for any reason cannot be vested in the Crown or can more conveniently be vested in the Commissioners; and the property, rights and interests under the management of the Commissioners shall continue to be known as the Crown Estate.
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Re: statutory corporation

Postby inshallah » Sun Sep 17, 2017 9:08 pm

Smouldering Stoat wrote:Is it? From the Act:

1 Continuance of Crown Estate Commissioners, and general provisions as to their constitution and functions.

(1)The Crown Estate Commissioners (in this Act referred to as “the Commissioners”) shall continue to be a body corporate for all purposes, charged on behalf of the Crown with the function of managing and turning to account land and other property, rights and interests, and of holding such of the property, rights and interests under their management as for any reason cannot be vested in the Crown or can more conveniently be vested in the Commissioners; and the property, rights and interests under the management of the Commissioners shall continue to be known as the Crown Estate.


No it is not, and that is not the same as you will see (my quote is exact). Which I repeat now below;
The Crown Estate is constituted as a statutory corporation under the Crown Estate Act 1961
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Re: statutory corporation

Postby atticus » Sun Sep 17, 2017 9:32 pm

Please state the source of your quotations.
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Re: statutory corporation

Postby Smouldering Stoat » Sun Sep 17, 2017 9:39 pm

It appears to be from the Crown Estate's own website.

The Act constitutes the Crown Estate Commissioners as a body corporate. I don't understand the OP's objection to the words he quotes.
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Re: statutory corporation

Postby inshallah » Sun Sep 17, 2017 9:46 pm

atticus wrote:Please state the source of your quotations.


It IS from the Crown Estates website as smouldering stoat has correctly beat me to tell you.

WHAT I am asking is look at the beginning of the 1961 Act and its states that it is "The Crown Estate COMMISSIONERS" who
are the Statutory Corporation does it not ?. And therefore what is stated on the website is wrong . Anyone agree ?.
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