SCHEDULES.

Section 15.

FIRST SCHEDULE FORMS OF INSTRUMENTS.

FORM No. 1 VESTING DEED FOR GIVING EFFECT TO A SETTLEMENT SUBSISTING AT THE COMMENCEMENT OF THIS ACT.

FORM No. 2 VESTING DEED ON THE SETTLEMENT OF LAND.

FORM No. 3 TRUST INSTRUMENT ON THE SETTLEMENT OF LAND.

FORM No. 4 SUBSIDIARY VESTING DEED ON SALE WHEN THE LAND IS PURCHASED WITH CAPITAL MONEY.

FORM No. 5 VESTING ASSENT BY PERSONAL REPRESENTATIVE

Section 37.

SECOND SCHEDULE Transitional Provisions affecting Existing Settlements.

Paragraph 1. PROVISIONS FOR VESTING LEGAL ESTATE IN TENANT FOR LIFE OR STATUTORY OWNER.

1 (1) A settlement subsisting at the commencement of this Act is, for the purposes of this Act, a trust instrument.

(2) As soon as practicable after the commencement of this Act, the trustees for the purposes of this Act of every settlement of land subsisting at the commencement of this Act (whether or not the settled land is already vested in them), may and on the request of the tenant for life or statutory owner, shall at the cost of the trust estate, execute a principal vesting deed (containing the proper statements and particulars) declaring that the legal estate in the settled land shall vest or is vested in the person or persons therein named (being the tenant for life or statutory owner, and including themselves if they are the statutory owners), and such deed shall (unless the legal estate is already so vested) operate to convey or vest the legal estate in the settled land to or in the person or persons aforesaid and, if more than one, as joint tenants.

(3) If there are no trustees of the settlement then (in default of a person able and willing to appoint such trustees), an application shall be made to the court by the tenant for life or statutory owner, or by any other person interested, for the appointment of such trustees.

(4) If default is made in the execution of any such principal vesting deed, the provisions of this Act relating to vesting orders of settled land shall apply in like manner as if the trustees of the settlement were persons in whom the settled land is wrongly vested.

(5) This paragraph does not apply where, at the commencement of this Act, settled land is held at law or in equity in undivided shares vested in possession.

(6) In the case of settlements subsisting at the commencement of this Act, all the estates, interests and powers thereby limited which are not by statute otherwise converted into equitable interests or powers, shall, as from the date of the principal vesting deed or the vesting order, take effect only in equity.

(7) This paragraph does not apply where settled land is vested in personal representatives at the commencement of this Act, or where settled land becomes vested in personal representatives before a principal vesting deed has been executed pursuant to this paragraph.

(8) No ad valorem stamp duty shall be payable in respect of a vesting deed or order made for giving effect to an existing settlement.

Paragraph 2. PROVISIONS WHERE SETTLED LAND IS AT COMMENCEMENT OF ACT VESTED IN PERSONAL REPRESENTATIVES.

2 (1) Where settled land remains at the commencement of this Act vested in the personal representatives of a person who dies before such commencement, or becomes vested in personal representatives before a principal vesting deed has been executed pursuant to the last preceding paragraph, the personal representatives shall hold the settled land on trust, if and when required so to do, to convey the same to the person who, under the trust instrument, or by virtue of this Act, is the tenant for life or statutory owner and, if more than one, as joint tenants.

(2) A conveyance under this paragraph shall be made at the cost of the trust estate and may be made by an assent in writing signed by the personal representatives which shall operate as a conveyance. No stamp duty is payable in respect of a vesting assent.

(3) The obligation to convey settled land imposed on the personal representatives by this paragraph is subject and without prejudice—

(a) to their rights and powers for purposes of administration, and

(b) to their being satisfied that provision has been or will be made for the payment of any unpaid death duties in respect of the land or any interest therein for which they are accountable, and any interest and costs in respect of such duties, or that they are otherwise effectually indemnified against such duties, interest and costs.

(4) A conveyance under this paragraph shall—

(a) if by deed, be a principal vesting deed, and

(b) if by an assent, be a vesting assent, which shall contain the like statements and particulars as are required by this Act in the case of a principal vesting deed.

(5) Nothing contained in this paragraph affects the rights of personal representatives to transfer or create such legal estates to take effect in priority to a conveyance under this paragraph as may be required for giving effect to the obligations imposed on them by statute.

(6) A conveyance by personal representatives under this paragraph, if made by deed, may contain a reservation to themselves of a term of years absolute in the land conveyed upon trusts for indemnifying them against any unpaid death duties in respect of the land conveyed or any interest therein, and any interest and costs in respect of such duties.

(7) Nothing contained in this paragraph affects any right which a person entitled to an equitable charge for securing money actually raised, and affecting the whole estate the subject of the settlement, may have to require effect to be given thereto by a legal mortgage, before the execution of a conveyance under this section.

Paragraph 3. PROVISIONS AS TO INFANTS.

3 (1) Where, at the commencement of this Act, an infant is beneficially entitled to land in possession for an estate in fee simple or for a term of years absolute, or would, if of full age, be a tenant for life or have the powers of a tenant for life, the settled land shall, by virtue of this Act, vest in the trustees (if any) of the settlement upon such trusts as may be requisite for giving effect to the rights of the infant and other persons (if any) interested :

Provided that, if there are no such trustees, then—

(i) Pending their appointment, the settled land shall, by virtue of this Act, vest in the Public Trustee upon the trusts aforesaid :

(ii) The Public Trustee shall not be entitled to act in the trust, or charge any fee, or be liable in any manner unless and until requested in writing to act on behalf of the infant by his parents or parent or testamentary or other guardian in the Order named :

(iii) After the Public Trustee has been so requested to act, and has accepted the trust, he shall become the trustee of the settlement, and no trustee shall (except by an order of the court) be appointed in his place without his consent:

(iv) If there is no other person able and willing to appoint trustees the parents or parent or testamentary or other guardian of the infant, if respectively able and willing to act, shall (in the order named) have power by deed to appoint trustees of the settlement in place of the Public Trustee in like manner as if the Public Trustee had refused to act in the trust, and to vest the settled land in them on the trusts aforesaid, arid the provisions of the Trustee Act, 1925, relating to the appointment of new trustees, and the vesting of trust property shall apply as if the persons aforesaid (in the order named) had been nominated by the settlement for the purpose of appointing new trustees thereof; and in default of any such appointment the infant by his next friend, may, at any time during the minority, apply to the court for the appointment of trustees of the settlement, and the court may make such order as it thinks fit, and ii thereby trustees of the settlement are appointed, the settled land shall, by virtue of this Act, vest in the trustees as joint tenants upon the trusts aforesaid :

Provided that in favour of a purchaser a statement in the deed of appointment that the father or mother or both are dead or are unable or unwilling to make the appointment shall be conclusive evidence of the fact stated.

(v) If land to which an infant is beneficially entitled in possession for an estate in fee simple or for a term of years absolute vests in the Public Trustee, but the Public Trustee does not become the trustee of the settlement, and trustees of the settlement are not appointed in his place, then, if and when the infant attains the age of twenty-one years, the land shall vest in him.

(2) The provisions of this paragraph shall extend to the legal estate in the settled land, except where such legal estate is, at or immediately after the commencement of this Act, vested in personal representatives, in which case this paragraph shall have effect without prejudice to the provisions of paragraph two of this Schedule.

(3) Where, at the commencement of this Act, any persons appointed under section sixty of the Settled Land Act, 1882, have power to act generally or for any specific purpose on behalf of an infant, then those persons shall, by virtue of this Act, become and be the trustees of the settlement.

(4) Notwithstanding that the settled land is by virtue of this paragraph vested in the trustees of the settlement, they shall, at the cost of the trust estate, in accordance with this Act, execute a principal vesting deed declaring that the settled land is vested in them.

(5) This paragraph does not apply where an infant is beneficially entitled in possession to land for an estate in fee simple or for a term of years absolute jointly with a person of full age (for which case provision is made in the Law of Property Act, 1925), but it applies to two or more infants entitled as aforesaid jointly.

(6) This paragraph does not apply where an infant would, if of full age, constitute the tenant for life or have the powers of a tenant for life together with another person of full age, but it applies to two or more infants who would, if all of them were of full age, together constitute the tenant for life or have the powers of a tenant for life.

Section 83.

THIRD SCHEDULE

PART I Improvements, the costs of which are not liable to be replaced by instalments.

(i)

Drainage, including the straightening, widening, or deepening of drains, streams, and watercourses:

(ii)

Bridges :

(iii)

Irrigation; warping :

(iv)

Drains, pipes, and machinery for supply and distribution of sewage as manure :

(v)

Embanking or weiring from a river or lake, or from the sea, or a tidal water :

(vi)

Groynes; sea walls; defences against water :

(vii)

Inclosing; straightening of fences; re-division of fields :

(viii)

Reclamation; dry warping :

(ix)

Farm roads; private roads; roads or streets in villages or towns :

(x)

Clearing; trenching; planting :

(xi)

Cottages for labourers, farm-servants, and artisans, employed on the settled land or not:

(xii)

Farmhouses, offices, and outbuildings, and other buildings for farm purposes :

(xiii)

Saw-mills, scutch-mills, and other mills, water-wheels, engine-houses, and kilns, which will increase the value of the settled land for agricultural purposes or as woodland or otherwise :

(xiv)

Reservoirs, tanks, conduits, watercourses, pipes, wells, ponds, shafts, dams, weirs, sluices, and other works and machinery for supply and distribution of water for agricultural, manufacturing, or other purposes, or for domestic or other consumption :

(xv)

Tramways; railways; canals; docks :

(xvi)

Jetties, piers, and landing places on rivers, lakes, the sea, or tidal waters, for facilitating transport of persons and of agricultural stock and produce, and of manure and other things required for agricultural purposes, and of minerals, and of things required for mining purposes :

(xvii)

Markets and market-places:

(xviii)

Streets, roads, paths, squares, gardens, or other open spaces for the use, gratuitously or on payment, of the public or of individuals, or for dedication to the public, the same being necessary or proper in connexion with the conversion of land into building land :

(xix)

Sewers, drains, watercourses, pipe-making, fencing, paving, brick-making, tile-making, and other works necessary or proper in connexion with any of the objects aforesaid :

(xx)

Trial pits for mines, and other preliminary works necessary or proper in connexion with development of mines :

(xxi)

Reconstruction, enlargement, or improvement of any of those works:

(xxii)

The provision of small dwellings, either by means of building new buildings or by means of the reconstruction, enlargement, or improvement of existing buildings, if that provision of small dwellings is, in the opinion of the court, not injurious to the settled land or is agreed to by the tenant for life and the trustees of the settlement:

(xxiii)

Additions to or alterations in buildings reasonably necessary or proper to enable the same to be let:

(xxiv)

Erection of buildings in substitution for buildings within an urban sanitary district taken by a local or other public authority, or for buildings taken under compulsory powers, but so that no more money be expended than the amount received for the buildings taken and the site thereof :

(xxv)

The rebuilding of the principal mansion house on the settled land :

Provided that the sum to be applied under this head shall not exceed one-half of the annual rental of the settled land.

PART II Improvements, the Costs of which the Trustees of the Settlement or the Court may require to be replaced by Instalments.

(i)

Residential houses for land or mineral agents, managers, clerks, bailiffs, woodmen, gamekeepers and other persons employed on the settled land, or in connexion with the management or development thereof :

(ii)

Any offices, workshops and other buildings of a permanent nature required in connexion with the management or development of the settled land or any part thereof :

(iii)

The erection and building of dwelling houses, shops, buildings for religious, educational, literary, scientific, or public purposes, market places, market houses, places of amusement and entertainment, gasworks, electric light or power works, or any other works necessary or proper in connexion with the development of the settled land, or any part thereof as a building estate :

(iv)

Restoration or reconstruction of buildings damaged or destroyed by dry rot:

(v)

Structural additions to or alterations in buildings reasonably required, whether the buildings are intended to be let or not, or are already let:

(vi)

Boring for water and other preliminary works in connexion therewith.

PART III Improvements, the Costs of which the Trustees of the Settlement and the Court must require to be replaced by instalments.

(i)

Heating, hydraulic or electric power apparatus for buildings, and engines, pumps, lifts, rams, boilers, flues, and other works required or used in connexion therewith :

(ii)

Engine houses, engines, gasometers, dynamos, accumulators, cables, pipes, wiring, switchboards, plant and other works required for the installation of electric gas, or other artificial light, in connexion with any principal mansion house, or other house or buildings; but not electric lamps, gas fittings, or decorative fittings required in any such house or building :

(iii)

Steam rollers, traction engines, motor lorries and moveable machinery for farming or other purposes.

Section 118.

FOURTH SCHEDULE Retrospective Amendments of the Settled Land Acts, 1882 to 1890.

Shifting of incumbrances.

1 The power conferred by section five of the Settled Land Act, 1882, of shifting incumbrances on a sale, exchange, or partition, shall be deemed always to have authorised a charge on all or any part of the capital money or securities representing capital money arising from the transaction or otherwise subject to the settlement, and incumbrance in section five aforesaid shall be deemed always to have included any incumbrance, whether capable of being overreached on the exercise by the tenant for life of the powers conferred by the Settled Land Acts, 1882 to 1890, or not.

Rate of interest on incumbrances.

2 In the case of an incumbrance affecting the settled land, or any part thereof, the tenant for life shall be deemed always to have had power, with the consent of the incumbrancer, to vary the rate of interest charged, and any of the other provisions of the instrument (if any) creating the incumbrance.

Dedication for streets, open spaces, &c.

3 (1) Section sixteen of the Settled Land Act, 1882, shall be deemed always to have had effect, as if the words " after or " had been inserted after the words " On or, " and the words " or " the development of the settled land, or any part thereof, as a " building estate, or at any other reasonable time " had been inserted after the words " building lease. "

(2) A tenant for life shall be deemed always to have had power—

(a) to enter into any agreement for the recompense to be made for any part of the settled land required for the widening of a highway under section eighty-two of the [5 & 6 Will. 4. c. 50.] Highway Act, 1835, or otherwise;

(b) to consent to the diversion of any highway over the settled land under section eighty-five of that Act or otherwise; and

(c) to consent to any such road as is mentioned in section thirty-six of the [25 & 26 Vict. c. 61.] Highway Act, 1862, being declared a public highway;

and any agreement or consent so made or given shall be deemed to have been as valid and effectual, for all purposes, as if made or given by an absolute owner of the settled land, provided that any money received or receivable in respect of such agreement or consent was or is paid to the trustees of the settlement or into court as capital money.

Separate dealings with surface and minerals.

4 Subsection (1) of section seventeen of the Settled Land Act, 1882, shall be deemed always to have had effect, as if the words " or mining " had not been contained therein, and the words "or other authorised disposition" had been inserted therein after the word " lease. "

Powers on sale, &c.

5 On a sale or other disposition made before the commencement of this Act under the powers of the Settled Land Acts, 1882 to 1890, the powers conferred by subsection (1) of section forty-nine of this Act shall be deemed to have been exercisable.

Sale of timber and fixtures at a valuation.

6 In favour of a purchaser, a sale made before the commencement of this Act shall not be deemed to have been invalidated by reason only of any such stipulation as mentioned in subsection (2) of section forty-nine of this Act, provided that the amount of the valuation was paid to the trustees of the settlement or into court.

Raising of money.

7 Where under the Settled Land Acts, 1882 to 1890, power was given to raise money for any purpose, the power shall be deemed always to have included power to raise the money properly required for the payment of the costs of the transaction.

Provision where interest in settled land is restored.

8 A person entitled to an estate or interest, whether legal or equitable, in settled land shall in the circumstances mentioned in section twenty-two of this Act be deemed always to have been entitled to such estate and interest and to exercise such powers as is in that section mentioned.

Referential settlements.

9 Where a settlement has before the commencement of this Act taken effect by reference to another settlement, the trustees who would by virtue of section thirty-two of this Act be the trustees of the settlement by reference shall be deemed always to have been the trustees of such settlement.

Application of capital money.

10 (1) Capital money arising under the Settled Land Acts, 1882 to 1890, shall be deemed always to have been capable of being applied in paying any increment value duty which a tenant for life had power to charge on the settled land under section thirty-nine of the [10 Edw. 7. c. 8.] Finance (1909-10) Act, 1910, and any reversion duty, and any costs and expenditure' incurred by the tenant for life, or the trustees of the settlement, in connexion with any valuation under the said Act, or with the assessment and ascertainment of the amount of any increment value duty which a tenant for life had power to charge as aforesaid, or any reversion duty.

(2) Capital money arising under the Settled Land Acts, 1882 to 1890, shall be deemed always to have been capable of being applied in any of the modes mentioned in paragraphs (xiii) to (xvi) inclusive of subsection (1) of section seventy-three of this Act as well as in the modes authorised by section twenty-one of the Settled Land Act, 1882.

As to capital arising otherwise than under the Settled Land Acts.

11 Where before the commencement of this Act any money arising from settled land, otherwise than under the Settled Land Acts, 1882 to 1890, which ought, as between the persons interested in the settled land, to have been treated as capital, has been invested, applied, or otherwise dealt with as if it had been capital money arising under those Acts, such investment, application, or other dealing shall be deemed to have been valid.

Power for Trustee to give receipts and receipt notices.

12 Where the Public Trustee or any other trust corporation was sole trustee of a settlement, the corporation shall, notwithstanding anything to the contrary contained in sections thirty-nine and forty-five of the Settled Land Act, 1882, or the settlement, be deemed always to have had power to give receipts, accept notices, and otherwise act alone as trustee of the settlement for all the purposes of the Settled Land Acts, 1882 to 1890.

Assignments to tenant for life's interest.

13 (1) Section fifty of the Settled Land Act, 1882, shall be deemed always to have applied, notwithstanding that the estate or interest of the tenant for life under the settlement was not in possession when the assignment was made, or took effect by operation of law.

(2) The expression " assignee for value " in subsection (3) of section fifty of the Settled Land Act, 1882, shall be deemed always to have included persons deriving title under the original assignee.

(3) A trustee or personal representative who is an assignee for value shall be deemed always to have had power to consent to the exercise by the tenant for life of his powers under the Settled Land Acts, 1882 to 1890.

(4) A person for the time being entitled in possession under the limitations of such settlement as is mentioned in subsection (7) of section one hundred and four of this Act shall in the circumstances in that subsection mentioned, be deemed always to have had power to consent to the exercise by the tenant for life of his powers under the Settled Land Acts, 1882 to 1890, and to bind by such consent all persons interested or to become interested under the settlement.

As to base fees.

14 It shall be deemed always to have been sufficient to enable the fee simple to be disposed of or. dealt with under the Settled Land Acts, 1882 to 1890, by the owner of a base fee as defined by the Fines and Recoveries Act, 1833, or fee determinable, whether by limitation or condition, or the tenant for life thereof, if there were at the time of the transaction trustees for the purposes of those Acts or any of them of the settlement consisting of the instrument whereby the estate tail or determinable fee was created, and the capital money (if any) arising on such disposition or dealing was or is paid to such trustees or into court.

Amendment of s. 58(1)(ix) of the Act of 1882.

15 Paragraph (ix) of subsection (1) of section fifty-eight of the Settled Land Act, 1882 shall be deemed always to have had effect as if in that paragraph—

(a) " trust " included an implied or constructive trust;

(b) " forfeiture " included cesser or determination by any means;

(c) after the words " expenses of management " there had been inserted the words " or to a trust for accumulation of income for any purpose " ;

but not so as to render invalid or prejudice any title or right acquired before the commencement of this Act.

Married woman, infant, &c.

16 Sections fifty-nine and sixty of the Settled Land Act, 1882, shall be deemed always to have applied, although the infant was a married woman; and section fifty-nine aforesaid shall be deemed always to have extended to any leasehold interest whether at a rent or not.

Section 119.

FIFTH SCHEDULE Enactments repealed.

Session and Chapter.	Short Title.	Extent of Repeal.
22 & 23 Vict. c. 35.	The Law of Property Amendment Act, 1859.	Section thirteen.
40 & 41 Vict. c. 18.	The Settled Estates Act, 1877.	The whole Act.
44 & 45 Vict. c. 41.	The Conveyancing Act, 1881.	Subsections (1) (2) (3) and (7) of section forty-two.
45 & 46 Vict. c. 38.	The Settled Land Act, 1882.	The whole Act except section thirty.
47 & 48 Vict. c. 18.	The Settled Land Act, 1884.	The whole Act.
50 & 51 Vict. c. 30.	The Settled Land Acts (Amendment) Act, 1887.	The whole Act.
51 & 52 Vict. c. 42.	The Mortmain and Charitable Uses Act, 1888.	Subsections (6) and (9) of section four and sections five and nine, so far as those subsections and sections relate to assurances executed after the commencement of this Act.
52 & 53 Vict. c. 47.	The Palatine Court of Durham Act, 1889.	In section ten the words "The Settled Land Act, " 1882, and the Settled " Land Act, 1884."
53 & 54 Vict. c. 69.	The Settled Land Act, 1890.	The whole Act.
53 & 54 Vict. c. 70.	The Housing of the Working Classes Act, 1890.	Subsection (1) of section seventy-four.
8 Edw. 7. c. 36.	The Small Holdings and Allotments Act, 1908.	Subsections (4) and (5) of section forty.
9 Edw. 7. c. 44.	The Housing, Town Planning, &c, Act, 1909.	Section seven.
1 & 2 Geo. 5. c. 37.	The Conveyancing Act, 1911.	Section fourteen.
9 & 10 Geo. 5. c. 35.	The Housing, Town Planning, &c, Act, 1919.	Section thirty-one.
9 & 10 Geo. 5. c. 59.	The Land Settlement (Facilities) Act, 1919.	Section twenty-nine.
11 & 12 Geo. 5. c. 20.	The Tithe Annuities Apportionment Act, 1921.	Section two.
12 & 13 Geo. 5. c. 16.	The Law of Property Act, 1922.	Section three, so far as it relates to equitable interests and powers arising under a settlement; sections four, ten and thirteen so far as they relate to settled land ; the first paragraph of subsection (4) of section seven ; sections twelve and twenty-" six; subsection (2) of section twenty-eight ; sections thirty-five to forty-two ; Part II. except such of the provisions thereof as are applied to universities and college estates so far as they apply thereto, and as respects section forty-three except so far as it relates to glebes; section eighty-six.
		Part II. of the First Schedule so far as it relates to settled land.
		The Third Schedule so far as it relates to settled land.
		The Fifth Schedule.
		In the Sixth Schedule paragraphs one and three and sub-paragraphs (1) (3) and (4) of paragraph four.
		In the Ninth Schedule Forms Nos. 1 to 4, inclusive, and No. 8 so far as it relates to settled land.
		The Tenth Schedule
13 & 14 Geo. 5. c. 9.	The Agricultural Holdings Act, 1923.	Section twenty-one.
15 Geo. 5. c. 5.	The Law of Property (Amendment) Act, 1924.	Section four and the Fourth Schedule.