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Trusts of Land and Appointment of Trustees Act 1996

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Introductory Text

Part I TRUSTS OF LAND

Introductory
1. Meaning of “trust of land”.

Settlements and trusts for sale as trusts of land

2. Trusts in place of settlements.
3. Abolition of doctrine of conversion.
4. Express trusts for sale as trusts of land.
5. Implied trusts for sale as trusts of land.

Functions of trustees of land

6. General powers of trustees.
7. Partition by trustees.
8. Exclusion and restriction of powers.
9. Delegation by trustees.
9A.(1) The duty of care under section 1 of the...

Consents and consultation

10. Consents.
11. Consultation with beneficiaries.

Right of beneficiaries to occupy trust land

12. The right to occupy.
13. Exclusion and restriction of right to occupy.

Powers of court

14. Applications for order.
15. Matters relevant in determining applications.

Purchaser protection
16. Protection of purchasers.

Supplementary

17. Application of provisions to trusts of proceeds of sale.
18. Application of Part to personal representatives.

Part II APPOINTMENT AND RETIRMENT OF TRUSTEES

19. Appointment and retirement of trustee at instance of beneficiaries.
20. Appointment of substitute for incapable trustee.
21. Supplementary.

Part III SUPPLEMENTARY

22. Meaning of “beneficiary”.
23. Other interpretation provisions.
24. Application to Crown.
25. Amendments, repeals etc.
26. Power to make consequential provision.
27. Short title, commencement and extent.

SCHEDULES

SCHEDULE 1
PROVISIONS CONSEQUENTIAL ON SECTION 2

Minors

1.(1) Where after the commencement of this Act a person...
2.Where after the commencement of this Act a legal estate...

Family charges
3.Where, by virtue of an instrument coming into operation after...

Charitable, ecclesiastical and public trusts
4.(1) This paragraph applies in the case of land held...

Entailed interests
5.(1) Where a person purports by an instrument coming into...

Property held on settlement ceasing to exist
6.Where a settlement ceases to be a settlement for the...

SCHEDULE 2
AMENDMENTS OF STATUTORY PROVISIONS IMPOSING TRUST FOR SALE

Mortgaged property held by trustees after redemption barred
1.(1) Section 31 of the Law of Property Act 1925...

Land purchased by trustees of personal property etc.
2.(1) Section 32 of the Law of Property Act 1925...

Dispositions to tenants in common
3.(1) Section 34 of the Law of Property Act 1925...

Joint tenancies
4.(1) Section 36 of the Law of Property Act 1925...

Intestacy
5.(1) Section 33 of the Administration of Estates Act 1925...

Reverter of sites
6.(1) Section 1 of the Reverter of Sites Act 1987...

Trusts deemed to arise in 1926
7.Where at the commencement of this Act any land is...

SCHEDULE 3
MINOR AND CONSEQUENTIAL AMENDMENTS

The Law of Property Act 1922 (c.16)
1.In paragraph 17(3) and (4) of Schedule 15 to the...

The Settled Land Act 1925 (c.18)
2.(1) The Settled Land Act 1925 is amended as follows....

The Trustee Act 1925 (c.19)
3.(1) The Trustee Act 1925 is amended as follows.

The Law of Property Act 1925 (c.20)
4.(1) The Law of Property Act 1925 is amended as...

The Land Registration Act 1925 (c.21)
5.(1) The Land Registration Act 1925 is amended as follows....

The Administration of Estates Act 1925 (c.23)
6.(1) The Administration of Estates Act 1925 is amended as...

The Green Belt (London and Home Counties) Act 1938 (c.xciii)
7.In section 19(1) of the Green Belt (London and Home...

The Settled Land and Trustee Acts (Court’s General Powers) Act 1943 (c.25)
8.In section 1 of the Settled Land and Trustee Acts...

The Historic Buildings and Ancient Monuments Act 1953 (c.49)
9.In sections 8(3), 8A(3) and 8B(3) of the Historic Buildings...

The Leasehold Reform Act 1967 (c.88)
10.In the Leasehold Reform Act 1967— (a) in section 6(1),...

The Agriculture Act 1970 (c.40)
11.In section 33(2) of the Agriculture Act 1970—

The Land Charges Act 1972 (c.61)
12.(1) The Land Charges Act 1972 is amended as follows....

The Land Compensation Act 1973 (c.26)
13.In subsection (2) of section 10 of the Land Compensation...

The Local Land Charges Act 1975 (c.76)
14.In section 11(2) of the Local Land Charges Act 1975,...

The Rentcharges Act 1977 (c.30)
15.(1) The Rentcharges Act 1977 is amended as follows.

The Interpretation Act 1978 (c.30)
16.In Schedule 1 to the Interpretation Act 1978, after the...

The Ancient Monuments and Archaeological Areas Act 1979 (c.46)
17.In the Ancient Monuments and Archaeological Areas Act 1979—

The Limitation Act 1980 (c.58)
18.In paragraph 9 of Schedule 1 to the Limitation Act...

The Highways Act 1980 (c.66)
19.In section 87(4)(b) of the Highways Act 1980, for the...

The Wildlife and Countryside Act 1981 (c.69)
20.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Health and Social Services and Social Security Adjudications Act 1983 (c.41)
21.In section 22 of the Health and Social Services and...

The Telecommunications Act 1984 (c.12)
22.In paragraph 4(10) of Schedule 2 to the Telecommunications Act...

The Insolvency Act 1986 (c.45)
23.At the beginning of Chapter V of Part IX of...

The Patronage (Benifices) Measure 1986 (No.3)
24.In section 33 of the Patronage (Benifices) Measure 1986—

The Family Law Reform Act 1987 (c.42)
25.In section 19(2) of the Family Law Reform Act 1987,...

The Charities Act 1993 (c.10)
26.In section 23 of the Charities Act 1993—

The Leasehold Reform, Housing and Urban Development Act 1993 (c.28)
27.(1) The Leasehold Reform, Housing and Urban Development Act 1993...

SCHEDULE 4
REPEALS