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Trustee Act 1925

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This is the original version (as it was originally enacted).

5Enlargement of powers of investment.

(1)A trustee having power to invest in real securities may invest and shall be deemed always to have had power to invest—

(a)on mortgage of property held for an unexpired term of not less than two hundred years, and not subject to a reservation of rent greater than a shilling a year, or to any right of redemption or to any condition for re-entry, except for non-payment of rent; and

(b)on any charge, or upon mortgage of any charge, made under the [27 & 28 Vict. c. 104.] Improvement of Land Act, 1864.

(2)A trustee having power to invest in real securities may accept the security in the form of a charge by way of legal mortgage, and may, in exercise of the statutory power, convert an existing mortgage into a charge by way of legal mortgage.

(3)A trustee having power to invest in the mortgages or bonds of any railway company or of any other description of company may invest in the debenture stock of a railway company or such other company as aforesaid.

(4)A trustee having power to invest money in the debentures or debenture stock of any railway or other company major invest in any nominal debentures or nominal debenture stock issued under the [38 & 39 Vict. c. 83.] Local Loans Act, 1875.

(5)A trustee having power to invest money in securities in the Isle of Man, or in securities of the government of a colony, may invest in any securities of the Government of the Isle of Man, under the [43 & 44 Vict. c. 8.] Isle of Man Loans Act, 1880.

(6)A trustee having a general power to invest trust money in or upon the security of shares, stock, mortgages, bonds, or debentures of companies incorporated by or acting under the authority of an Act of Parliament, may invest in, or upon the security of, mortgage debentures duly issued under and in accordance with the provisions of the [28 & 29 Vict. c. 78.] Mortgage Debenture Act, 1865.

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