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Section 2 Appointment of new trustee by trusterI1

Scotland Not yet in force

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

Except in so far as the trust deed, expressly or by implication, provides otherwise (or, in a case where there is no trust deed, the context requires or implies otherwise), if no capable trustee exists or is traceable the truster may appoint a new trustee.

(2)

The making of an appointment under subsection (1) removes any existing trustee from the office of trustee.

(3)

This section—

(a)

applies irrespective of when the trust was created, but

(b)

does not apply as respects a public trust.

Annotations

Commencement

I1

S. 2 not in force at Royal Assent, see s. 88(3)