Part IVE+W+S Property and Finance

TrustsE+W+S

96Trusts: supplementary provisions.E+W+S

(1)Any provision in sections 90 to 95 above for the transfer of any property includes provision for the transfer of any rights and liabilities arising from that property.

[F1(1A)Where any transfer of property by virtue of those sections is of, or includes,—

(a)land held on lease from a third party, that is to say, a person other than the Secretary of State or a [F2Health Authority or Special Health Authority], or

(b)any other asset leased or hired from a third party or in which a third party has an interest,

the transfer shall be binding on the third party notwithstanding that, apart from this subsection, it would have required his consent or concurrence.]

(2)Nothing in those sections shall affect any power of Her Majesty, the court (as defined in [F3the M1Charities Act 1993]) or any other person to alter the trusts of any charity.

(3)Nothing in section 12 of the M2Finance Act 1895 (which requires certain Acts and certain instruments relating to the vesting of property by virtue of an Act to be stamped as conveyances on sale) applies to sections 90 to 95 above or to an order made in pursuance of any of those sections; and stamp duty shall not be payable on such an order.

Textual Amendments

F2Words in s. 96(1A) substituted (28.6.1995 for specified purposes and otherwise 1.4.1996) by 1995 c. 17, ss. 2(1)(3), 8(1), Sch. 1, Pt. I para. 45 (with Sch. 2 para. 6)

F3Words in s. 96(2) substituted (1.8.1993) by 1993 c. 10, ss. 98(1), 99(1), Sch. 6 para. 30

Modifications etc. (not altering text)

Marginal Citations