Trusts of Land and Appointment of Trustees Act 1996

Section 25(2).

SCHEDULE 4 E+W+N.I. REPEALS

Extent Information

E1 All repeals in Sch. 4 extend to England and Wales only except as mentioned in s. 27(4)

Chapter	Short title	Extent of repeal
3 & 4 Will.4 c. 74.	The Fines and Recoveries Act 1833.	In section 1, the words “, and any undivided share thereof”, in both places.
7 Will.4 & 1 Vict. c. 26.	The Wills Act 1837.	In section 1, the words “and to any undivided share thereof,”.
		Section 32.
53 & 54 Vict. c. 39.	The Partnership Act 1890.	Section 22.
12 & 13 Geo.5 c. 16.	The Law of Property Act 1922.	In section 188— in subsection (1), the words “but not an undivided share in land;” and the words “but not an undivided share thereof”, and subsection (30).
15 & 16 Geo.5 c. 18.	The Settled Land Act 1925.	Section 27.
		Section 29.
15 & 16 Geo.5 c. 19.	The Trustee Act 1925.	In section 10(2)— in the first paragraph, the words “by trustees or” and the words “the trustees, or”, and in the second paragraph, the words from the beginning to “mortgage; and”.
		In section 19(1), the words “building or”, in the second place.
		In section 68— in subsection (6), the words “, but not an undivided share in land” and the words “, but not an undivided share thereof”, and in subsection (19), the word “binding”, the words “, and with or without power at discretion to postpone the sale” and the definition of “trustees for sale”.
15 & 16 Geo.5 c. 20.	The Law of Property Act 1925.	In section 3— subsections (1)(b) and (2), and in subsection (5), the words “trustees for sale or other”.
		In section 7(3), the second paragraph.
		In section 18— in subsection (1), the words from “, and personal estate” to “payable”, in the second place, and the words “or is capable of being”, and in subsection (2), the words “of the settlement or the trustees for sale”, in both places.
		Section 19.
		Section 23 (and the heading immediately preceding it).
		Sections 25 and 26.
		Sections 28 to 30.
		Section 31(3).
		Section 32.
		In section 34— in subsection (3), the words from “the trustees (if any)” to “then to” and the words “in each case”, and subsection (4).
		Section 35.
		Section 42(6).
		In section 60, paragraphs (b) and (c) of the proviso to subsection (4).
		In section 130, subsections (1) to (3) and (6) (and the words “Creation of” in the sidenote).
		Section 201(3).
		In section 205(1)— in paragraph (ix), the words “but not an undivided share in land;” and the words “but not an undivided share thereof”, in paragraph (x), the words “or in the proceeds of sale thereof”, and in paragraph (xxix), the word “binding”, the words “, and with or without a power at discretion to postpone the sale” and the words “and “power”” onwards.
15 & 16 Geo.5 c. 21.	The Land Registration Act 1925.	In section 3— in paragraph (viii), the words “but not an undivided share in land;”, in paragraph (xi), the words “or in the proceeds of sale thereof”, in paragraph (xiv), the words “, but not an undivided share thereof”, and paragraphs (xxviii) and (xxix).
15 & 16 Geo.5 c. 23.	The Administration of Estates Act 1925.	In section 3(1)(ii), the words “money to arise under a trust for sale of land, nor”.
		In section 39(1)(i), the words from “, and such power” to “legal mortgage”.
		In section 51— in subsection (3), the word “settled”, and subsection (4).
		In section 55(1)— in paragraph (vii), the words “or in the proceeds of sale thereof”, in paragraph (xxiv), the word “ “land””, and paragraph (xxvii).
15 & 16 Geo.5 c. 24.	The Universities and College Estates Act 1925.	In section 43(iv), the words “, but not an undivided share in land”.
16 & 17 Geo.5 c. 11.	The Law of Property (Amendment) Act 1926.	In the Schedule, the entries relating to section 3 of the Settled Land Act 1925 and sections 26, 28 and 35 of the Law of Property Act 1925.
17 & 18 Geo.5 c. 36.	The Landlord and Tenant Act 1927.	In section 13— in subsection (1), the words from “(either” to “Property Act, 1925)”, in subsection (2), the words “, trustee for sale, or personal representative”, and in subsection (3), the words “, and “settled land”” onwards.
22 & 23 Geo.5 c. 27.	The Law of Property (Entailed Interests) Act 1932.	Section 1.
2 & 3 Geo.6 c. 72.	The Landlord and Tenant (War Damage) Act 1939.	Section 3(c).
9 & 10 Geo.6 c. 73.	The Hill Farming Act 1946.	Section 11(2).
12 & 13 Geo.6 c. 74.	The Coast Protection Act 1949.	In section 11(2)(a)— the words “, by that section as applied by section twenty-eight of the Law of Property Act, 1925, in relation to trusts for sale,”, and the words “, by that section as applied as aforesaid,”.
2 & 3 Eliz.2 c. 56.	The Landlord and Tenant Act 1954.	In the Second Schedule, in paragraph 6— the words “, by that section as applied by section twenty-eight of the Law of Property Act, 1925, in relation to trusts for sale,”, and the words “, by that section as applied as aforesaid,”.
7 & 8 Eliz.2 c. 72.	The Mental Health Act 1959.	In Schedule 7, in Part I, the entries relating to sections 26 and 28 of the Law of Property Act 1925.
1964 No. 2.	The Incumbents and Churchwardens (Trusts) Measure 1964.	In section 1, in the definition of “land”, the words “nor an undivided share in land”.
1967 c. 10.	The Forestry Act 1967.	In Schedule 2, paragraph 1(4).
1967 c. 88.	The Leasehold Reform Act 1967.	In section 6(5)— the words “, or by that section as applied by section 28 of the Law of Property Act 1925 in relation to trusts for sale,”, the words “or by that section as applied as aforesaid”, and the words “or by trustees for sale”.
		In Schedule 2, in paragraph 9(1)— the words “, or by that section as applied by section 28 of the Law of Property Act 1925 in relation to trusts for sale”, and the words “or by that section as applied as aforesaid”.
1969 c. 10.	The Mines and Quarries (Tips) Act 1969.	In section 32(2)(a) and (b), the words “, by that section as applied by section 28 of the Law of Property Act 1925 in relation to trusts for sale”.
1970 c. 40.	The Agriculture Act 1970.	In section 30— in subsection (1), the words “(including those provisions as extended to trusts for sale by section 28 of the Law of Property Act 1925)”, and in subsection (2), the words “the words from “(including those provisions” to “Law of Property Act 1925)” and”.
1972 c. 61.	The Land Charges Act 1972.	In section 17(1), the definition of “trust for sale”.
1976 c. 31.	The Legitimacy Act 1976.	Section 10(4).
1976 c. 36.	The Adoption Act 1976.	Section 46(5).
1977 c. 42.	The Rent Act 1977.	In Schedule 2, in Part I, in paragraph 2(b), the words “or, if it is held on trust for sale, the proceeds of its sale are”.
1980 c. 58.	The Limitation Act 1980.	In section 18— in subsection (1), the words “, including interests in the proceeds of the sale of land held upon trust for sale,”, and in subsections (3) and (4), the words “(including a trust for sale)” and the words “or in the proceeds of sale”.
		In section 38(1)— in the definition of “land”, the words “, including an interest in the proceeds of the sale of land held upon trust for sale,”, and the definition of “trust for sale”.
		In Schedule 1, in Part I, in paragraph 9— the words “or in the proceeds of sale”, the words “or the proceeds”, and the words “or the proceeds of sale”.
1981 c. 54.	The [F1 Senior Courts Act 1981].	In section 128, in the definition of “real estate”, in paragraph (b), the words “money to arise under a trust for sale of land, nor”.
1983 c. 41.	The Health and Social Services and Social Security Adjudications Act 1983.	Section 22(3).
1984 c. 28.	The County Courts Act 1984.	In Schedule 2, in Part II, in paragraph 2— in sub-paragraph (1), the entry relating to section 30 of the Law of Property Act 1925, sub-paragraph (2), and in sub-paragraph (3), “30(2),”.
1984 c. 51.	The Inheritance Tax Act 1984.	In section 237(3), the words “and undivided shares in land held on trust for sale, whether statutory or not,”.
1986 c. 5.	The Agricultural Holdings Act 1986.	In section 89(1), the words “or the Law of Property Act 1925”.
1986 c. 45.	The Insolvency Act 1986.	In section 336— subsection (3), and in subsection (4), the words “or (3)” and the words “or section 30 of the Act of 1925”.
1988 c. 50.	The Housing Act 1988.	In Schedule 1, in Part III, in paragraph 18(1)(b), the words “or, if it is held on trust for sale, the proceeds of its sale are”.
1989 c. 34.	The Law of Property (Miscellaneous Provisions) Act 1989.	In sections 1(6) and 2(6), the words “or in or over the proceeds of sale of land”.
1990 c. 8.	The Town and Country Planning Act 1990.	In section 328— in subsection (1)(a), the words “and by that section as applied by section 28 of the Law of Property Act 1925 in relation to trusts for sale”, and in subsection (2)(a), the words “and by that section as so applied”.
1991 c. 31.	The Finance Act 1991.	Section 110(5)(b).
1993 c. 10.	The Charities Act 1993.	Section 37(6).
		Section 39(5).
1993 c. 28.	The Leasehold Reform, Housing and Urban Development Act 1993.	In section 93A(4)— the words “, or by that section as applied by section 28 of the Law of Property Act 1925 in relation to trusts for sale”, the words “, or by that section as so applied,”, and the words “or by trustees for sale”.
		In Schedule 2, paragraph 5(2)(b) and the word “and” immediately preceding it.
1994 c. 36.	The Law of Property (Miscellaneous Provisions) Act 1994.	In section 16— subsection (2), and in subsection (3), the words “; and subsection (2)” onwards.
1995 c. 8.	The Agricultural Tenancies Act 1995.	In section 33— in subsections (1) and (2), the words from “(either” to “Property Act 1925)”, and in subsection (4), the definition of “settled land” and the word “and” immediately preceding it.
1996 c. 53.	The Housing Grants, Construction and Regeneration Act 1996.	Section 55(4)(b).
		Section 73(3)(b).
		In section 98(2)(a), the words “or to the proceeds of sale of the dwelling”.

Textual Amendments

F1 Words in Blanket Amendment substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 11 para. 1(2); S.I. 2009/1604, art. 2(d)