{
  "url": "https://openlegislation.uk/trusts-and-succession-scotland-act-2024/section-19",
  "json_url": "https://openlegislation.uk/trusts-and-succession-scotland-act-2024/section-19.json",
  "legislation": "asp/2024/2",
  "legislation_title": "Trusts and Succession (Scotland) Act 2024",
  "legislation_url": "https://openlegislation.uk/trusts-and-succession-scotland-act-2024",
  "path": "section/19",
  "kind": "section",
  "number": "19",
  "heading": "Exercise of power of investment",
  "text": "(1) Before acting under section 18(1) the trustees—\n(a) are to have regard to—\n(i) the suitability to the trust of the proposed investment, and\n(ii) the need for diversification of investments of the trust in so far as is appropriate to the circumstances of the trust, and\n(b) are (except where subsection (3) applies) to obtain and consider proper advice about the way in which the power in question should be exercised.\n(2) When reviewing the investments of the trust, the trustees are (except where subsection (3) applies) to obtain and consider proper advice about whether the investments should be varied.\n(3) If the trustees reasonably conclude that in all the circumstances it is unnecessary or inappropriate to obtain such advice, they need not obtain it.\n(4) In this section, “proper advice” means the advice of a person who is reasonably believed by the trustees, on the basis of the person’s—\n(a) ability, and\n(b) practical experience of financial and other matters relating to the proposed investment,\nto be qualified to give it.\n(5) This section applies irrespective of when the trust was created.",
  "extent": "S",
  "status": "prospective",
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "S. 19 not in force at Royal Assent, see s. 88(3)"
    }
  ],
  "outstanding_effects": [
    {
      "type": "coming into force",
      "affecting": "ssi/2026/323",
      "affecting_title": "The Trusts and Succession (Scotland) Act 2024 (Commencement No. 2 and Saving and Transitory Provision) Regulations 2026"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/asp/2024/2/section/19",
    "retrieved_at": "2026-11-07T03:33:02.065044+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}