Tables of Destinations and Derivations
General
158.All references to the current law in the Table of Destinations and the Table of Derivations are as amended as at the point of the corresponding provision of the Act coming into force.
Table of Derivations
159.The Table of Derivations shows the derivations of provisions of the Act where there is a direct statutory equivalent to them in the current law. Statutory expressions of the current common law, made by provisions of the Act, are not detailed in the table.
160.The Scottish Law Commission’s Report on Trust Law(22) should be consulted for further information on the development of each provision of the Act. The corresponding provision of the draft Bill annexed to the Scottish Law Commission’s Report is provided in order to assist with this.
161.The following abbreviations are used in the Table of Derivations:
TABLE OF DERIVATIONS
| Provision of the Act | Provision of Bill annexed to SLC Report on Trust Law | Derivation |
| s.1(1) | s.1(1) | 1921 s.22. |
| s.3 | s.3 | 1921 s.3(b) |
| s.4 | s.4 | 1921 s. 21, s.22 and Sch B |
| s.5 | s.5 | 1921 s.3 proviso (2) |
| s.6 | N/A | 1921 s.3 |
| s.7 | s.6 | 1921 Act s.23 (also nobile officium of Court of Session) |
| s.11 | s.9 | 1921 s.3 final sentence |
| s.12(1) | s.10(1) | 1921 s.4(1)(g) |
| s.12(2) and (3) | s.10(2) and (3) | 1921 s.18 |
| s.14 | s.12 | 1921 s.3(c) |
| s.15 | s.13 | 1921 s.4(1), 1961, s.4 |
| s.16 | s.14 | 1921 s.5, 1961 s.1(1) (also nobile officium of the Court of Session and cy-près application to the Court of Session) |
| s.18 | s.16 | 1921 s.4(1)(ea) and (eb), and s.4(1A) to (1F) |
| s.19 | s.17 | 1921 s.4A |
| s.22 | s.18 | 1921 s4(1)(f) |
| s.23 | s.19 | 1921 s.4B |
| s.24 | s.20 | 1921 s.16 (also nobile officium of Court of Session) |
| s.25 | s.21 | 1874 s. 1 |
| s.26 | s.22 | 1870 s.2 |
| s.32 | s.28 | 1921 s.31 |
| s.33 | s.29 | 1921 s.32 |
| s.35 | s.31 | 1921, s.32 |
| s.36 | s.32 | 1921 s.3(d) |
| s.37 | N/A | 1921 s.29A |
| s.43 | s.38 | 1961 s.2(1) |
| 1921 s.7 | ||
| s.44 | s.39 | 1921 s.7 |
| s.45 | s.40 | 1921 s.8 and 9, 1961 s.5 and 1968 s.18 |
| s.58 | s.53 | 1961 s.1 |
| s.59 | s.54 | 1961 s.1 |
| s.60 | s.55 | 1961 s.1 |
| s.61 | s.56 | 1961 s.1 |
| s.62 | s.57 | 1961 s.1(4) |
| s.63 | s.58 | 1961 s.1(2) |
| s.65 | s.60 | 1921 s.5 and 1961 s.1 (also cy-près application to Court of Session [in respect of public trusts only]); |
| s.69 | s.64 | 1994, Sch 2, Chapter 63 Part II Petitions by Trustees for Directions |
| s.71 | s.66 | 1921 s.34 |
| s.73 | s.68 | 1921 s.24 |
| s.74 | s.69 | 1985 s.31(4) |
| s.75 | s.70 | 1921 s.17 |
| s.77 | N/A | 1964 s.2(1) |
| s.81 | s.74 | 1961 s.1(6) (meaning of “ |
| 1961 s.1(1)(b) (meaning of “ |
Table of Destinations
162.The Table of Destinations shows the reverse of the Table of Derivations, detailing the provisions of the current statutory law where there is a direct equivalent provision in the Act.
TABLE OF DESTINATIONS
ENTAIL AMENDMENT ACT 1848 (c.36)
| Existing Provision | Subject Matter | Provision of Act |
| s.47 | Act not to be defeated by trusts | s.45 |
| s.49 | or by life-rents | s.45 |
APPORTIONMENT ACT 1870 (c.35)
| Existing Provision | Subject Matter | Provision of Act |
| s.2 | Rents, &c. to accrue from day to day and be apportionable in respect of time | s.26 |
POWERS OF APPOINTMENT ACT 1874 (c.37)
| Existing Provision | Subject Matter | Provision of Act |
| s.1 | Appointments to be valid notwithstanding one or more objects excluded | s.25 |
TRUSTS (SCOTLAND) ACT 1921 (c.58)
| Existing Provision | Subject Matter | Provision of Act |
| s.3(a) | What trusts shall be held to include | s.6 |
| s.3(b) | What trusts shall be held to include | s.3 |
| s.3(c) | What trusts shall be held to include | s.14 |
| s.3(d) | What trusts shall be held to include | s.36 |
| s.3 proviso 2 | What trusts shall be held to include | s.5 |
| s.3 final sentence | What trusts shall be held to include | s.11 |
| s.4(1) | General powers of trustees | s.15 |
| s.4(1)(ea) and (be) and 4(1A) to (1F) | General powers of trustees | s.18 |
| s.4(1)(f) | General powers of trustees | s.22 |
| s.4(1)(g) | General powers of trustees | s. 12(1) |
| s.4A | Exercise of power of investment: duties of trustees | s.19 |
| s.4B | Exercise of power of investment: power to appoint nominees | s.23 |
| s.5 | Resignation of trustee | s.16 and s.65 |
| s.6 | Method of sale by trustees | |
| s.7 | Deeds granted by trustees | s.43 and s.44 |
| s.8 | Conveyances to non-existing or unidentifiable persons | s.45 |
| s.9 | Liferents of personal estate beyond certain limits prohibited | s.45 |
| s.16 | The court may authorise the advance of part of the capital of a trust fund | s.24 |
| s.17 | Trustees may apply to court for superintendence order as to investment and distribution of estate | s.75 |
| s.18 | Discharge of trustees resigning and heirs of trustees dying during the subsistence of the trust | s.12(2) to (3) |
| s.21, s.22 and Sch B | Appointment of new or additional trustees by deed of assumption | |
| and | ||
| Appointment of new trustees by the court | ||
| s.4 | ||
| s.22 | Appointment of new trustees by the court | s.1(1) |
| s.23 | Court may remove trustees in certain cases | s.7 |
| s.24 | Completion of title by the beneficiary of a lapsed trust | s.73 |
| s.29A | Errors in distribution: circumstances in which trustee not personally liable | s.37 |
| s.31 | Power of court to make orders in case of breach of trust | s.32 |
| s.32 | Court may relieve trustee from personal liability | s.33 and s.35 |
| s.34 | Expenses of applications under this Act | s.71 |
TRUSTS (SCOTLAND) ACT 1961 (c.57)
| Existing Provision | Subject Matter | Provision of Act |
| s.1 | Jurisdiction of court in relation to variation of trust purposes | s.58, s.59, s.60. s.61 s.65 |
| s.1(1) | Jurisdiction of the court in relation to variation of trust purposes | s.16 |
| s.1(1)(b) | Jurisdiction of the court in relation to variation of trust purposes | s.81(1) (meaning of “ |
| s.1(2) | Jurisdiction of the court in relation to variation of trust purposes | s.63 |
| s.1(4) | Jurisdiction of the court in relation to variation of trust purposes | s.62 |
| s.1(6) | Jurisdiction of the court in relation to variation of trust purposes | s.81(1) (meaning of “ |
| s.2(1) | Validity of certain transactions by trustees | s.43 |
| s.4 | Power of trustees to acquire interests in residential accommodation for use of beneficiaries | s.15 |
| s.5 | Accumulations of income | s.45 |
SUCCESSION (SCOTLAND) ACT 1964 (c.41)
| Existing Provision | Subject Matter | Provision of Act |
| s.2(1) | Rights of succession to intestate estate | s.77 |
LAW REFORM (MISCELLANEOUS PROVISIONS) (SCOTLAND) ACT 1968
| Existing Provision | Subject Matter | Provision of Act |
| s.18 | Restrictions on duration of liferents | s.45 |
BANKRUPTCY (SCOTLAND) ACT 1985 (c. 66)
| Existing Provision | Subject Matter | Provision of Act |
| s.31(4) | Vesting of estate at date of sequestration | s.74 |
ACT OF SEDERUNT (RULES OF THE COURT OF SESSION 1994) 1994 (No.1443)
| Existing Provision | Subject Matter | Provision of Act |
| Sch 2, Chapter 63 Part II | Petitions by Trustees for Directions | s.69 |
22
The report is at https://www.scotlawcom.gov.uk/files/4014/0904/0426/Report_on_Trust_Law_SLC_239.pdf.
