[F1 1 New powers of investment of trustees. U.K.
[F2(1) A trustee may invest any property in his hands, whether at the time in a state of investment or not, in any manner specified in Part I or II of the First Schedule to this Act or, subject to the next following section, in any manner specified in Part III of that Schedule, and may also from time to time vary any such investments.
(2)The supplemental provisions contained in Part IV of that Schedule shall have effect for the interpretation and for restricting the operation of the said Parts I to III.
(3)No provision relating to the powers of the trustee contained in any instrument (not being an enactment or an instrument made under an enactment) made before the passing of this Act shall limit the powers conferred by this section, but those powers are exercisable only in so far as a contrary intention is not expressed in any Act or instrument made under an enactment, whenever passed or made, and so relating or in any other instrument so relating which is made after the passing of this Act.
For the purposes of this subsection any rule of the law of Scotland whereby a testamentary writing may be deemed to be made on a date other than that on which it was actually executed shall be disregarded.
(4) In this Act “ narrower-range investment ” means an investment falling within Part I or II of the First Schedule to this Act and “ wider-range investment ” means an investment falling within Part III of that Schedule. ]]
Textual Amendments
F1S. 1 repealed (with saving) (E.W.) (1.2.2001) by 2000 c. 29, s. 40(1)(3), Sch. 2 Pt. I para. 1(1), Sch. 4 Pt. I (with s. 35); S.I. 2001/49, art. 2
F2S. 1 repealed (with saving) (S.) (1.1.2006) by Charities and Trustee Investment (Scotland) Act 2005 (asp 10), s. 107(2), Sch. 3 para. 4(2); S.S.I. 2005/644, art. 2(1), Sch. 1
Modifications etc. (not altering text)
C1S. 1: Powers of investment amended by S.I. 1962/658, 2611, 1964/703, 1404, 1966/401, 1968/470, 1972/1818, 1973/1332, 1975/1710, 1977/831, 1878, 1981/1547, 1982/1086, 1983/772, 1525, 1985/1780, 1986/601, 1988/2254
C2S. 1: Powers of investment amended by S.I. 1991/999, art. 2
C3S. 1 applied (with modifications) (E.W.S.)(7.2.1995) by S.I. 1995/356, art. 10(4)
S. 1 applied (E.W.S.)(11.2.1997) by S.I. 1997/266, art. 10(4)
C4Ss. 1-6 applied (1.8.2014) by Co-operative and Community Benefit Societies Act 2014 (c. 14), ss. 27(2)(c), 154 (with Sch. 5)