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Section 5 Such Secretary of State to be described in conveyances, &c. as “Her Majesty’s Principal Secretary of State for the War Department.”F1

United Kingdom

In every contract, conveyance, surrender, lease, or other assurance of any lands, hereditaments, estates, or property, with, unto, or by the last-mentioned Principal Secretary of State for the time being, and in every other deed or instrument relating to any lands, hereditaments, estates, or property, or in anywise to the public service, to which the last-mentioned Principal Secretary of State for the time being shall be or shall be intended to be a party, it shall be sufficient to call or describe him by the style or title of “Her Majesty’s Principal Secretary of State for “the War Department,” without naming him; and every such contract, conveyance, surrender, lease, assurance, deed, or instrument may be executed by such last-mentioned Principal Secretary of State, or by any other of Her Majesty’s Principal Secretaries of State for the time being, by signing his name thereto, and if the instrument so executed be in the form of a deed, by setting or affixing a seal thereto, and delivering the same as his deed; and whenever any contract, conveyance, surrender, lease, assurance, deed, or instrument shall be executed by any other Principal Secretary of State than the Principal Secretary of State for the War Department, the Principal Secretary of State so executing the same shall for that time and on that occasion, and for the purposes thereof, be deemed to be the Principal Secretary of State for the War Department.

(F22)

This section shall apply to Scotland as if for the words from “signing” to “his deed” there were substituted the words “subscribingF3, or as the case may be authenticating, it in accordance with the Requirements of Writing (Scotland) Act 1995”.

Annotations

Textual amendments

F1

S. 5 repealed, but without prejudice to its application to any Minister other than the Secretary of State for War, for Air or for Defence by S.I. 1964/488, Sch. 1 Pt. II

F2

S. 5(2) added (S.) (1.8.1995) by 1995 c. 7, ss. 14(1), 15(2), Sch. 4 para. 11 (with ss. 9(3)(5)(7), 13, 14(3))

F3

Words in s. 5(2) inserted (S.) (8.12.2014) by Land Registration etc. (Scotland) Act 2012 (asp 5), ss. 122, 123, Sch. 5 paras. 3 (with s. 121, Sch. 4 para. 13Sch. 4 para. 16); S.S.I. 2014/127, art. 2