Section 5

England, Wales and Scotland

F1(1)

A trustee or personal representative shall not be chargeable with breach of trust or, as the case may be, with default in administering the estate by reason only of the fact that—

(a)

he has, for the purpose of acquiring securities which he has power to acquire in connection with the trust or estate, paid for the securities under arrangements which provide for them to be transferred to him from F2a financial institution but not to be so transferred until after payment of the price; or

(b)

he has, for the purpose of disposing of securities which he has power to dispose of in connection with the trust or estate, transferred the securities to F3such a F4financial institution under arrangements which provide that the price is not to be paid to him until after the transfer is made

F5. . .

F6(2)

“Financial institution” means—

(a)

a recognised clearing house F7or a recognised CSD acting in relation to a recognised investment exchange; or

(b)

a nominee of—

(i)

a recognised clearing house or a recognised CSD acting in that way; or

(ii)

a recognised investment exchange.

(3)

No person may be a nominee for the purposes of this section unless he is a person designated for those purposes in the rules of the recognised investment exchange in question.

(4)

Expressions used in subsections (2) and (3) have the same meaning as in the Part 18 of the Financial Services and Markets Act 2000.

Annotations

Textual amendments

F1: By Financial Services Act 1986 (c. 60, SIF 69), s. 194(2), the provisions of s. 5 (as amended) become subsection (1) of that section
F2: Words in s. 5(1)(a) substituted (1.12.2001) by S.I. 2001/3649, arts. 1, 289(2)
F3: Words substituted by Financial Services Act 1986 (c. 60, SIF 69), s. 194
F4: Words in s. 5(1)(b) substituted (1.12.2001) by S.I. 2001/3649, arts. 1, 289(3)
F5: Words in s. 5(1) repealed (1.12.2001) by S.I. 2001/3649, arts. 1, 289(4)
F6: S. 5(2)-(4) substituted (1.12.2001) for s. 5(2) by S.I. 2001/3649, arts. 1, 289(5)
F7: Words in s. 5(2)(a)(b)(i) inserted (28.11.2017) by The Central Securities Depositories Regulations 2017 (S.I. 2017/1064), reg. 1, Sch. para. 2 (with regs. 7(4), 9(1))