Judicial Trustees Act 1896

4 Rules. E+W

(1) Rules may be made for carrying into effect this Act, and especially—

(1) for requiring judicial trustees, who are not officials of the court, to give security for the due application of any trust property under their control:

(2) respecting the safety of the trust property, and the custody thereof:

(3) respecting the remuneration of judicial trustees and for fixing and regulating the fees to be taken under this Act so as to cover the expenses of the administration of this Act, and respecting the payment of such remuneration and fees out of the trust property, and, where the judicial trustee is an official of the court, respecting the application of the remuneration and fees payable to him:

(4) for dispensing with formal proof of facts in proper cases:

(5) for facilitating the discharge by the court of administrative duties under this Act without judicial proceedings and otherwise regulating procedure under this Act and making it simple and inexpensive:

(6) for assigning jurisdiction under this Act to county court judges and defining such jurisdiction:

(7) respecting the suspension or removal of any judicial trustee, and the succession of another person to the office of any judicial trustee who may cease to hold office, and the vesting in such person of any trust property:

(8) respecting the classes of trusts in which officials of the court are not to be judicial trustees, or are to be so temporarily or conditionally:

(9) respecting the procedure to be followed where the judicial trustee is executor or administrator:

(10) for preventing the employment by judicial trustees of other persons at the expense of the trust, except in cases of strict necessity:

[F1 (11) for the preparation, auditing (by the court or otherwise) and filing of the accounts of any trust of which a judicial trustee has been appointed;

(12) for the making of a report to the court on the accounts of any such trust.]

[F2 (1A) The rules under this Act may make different provision for different classes of trust, trustees, beneficiaries or trust property.]

(2) The rules under this Act may be made by the Lord Chancellor, subject to the consent of the Treasury in matters relating to fees and to salaries and numbers of officers, and to the consent of the authority for making orders under the M1 Solicitors Remuneration Act, 1881, in matters relating to the remuneration of solicitors. The rules shall be laid before Parliament and . . . F3 if, within thirty days after such rules have been laid before either House of Parliament during which that House has sat, the House presents to Her Majesty an address against such rules or any of them, such rules or the rule specified in the address shall thenceforward be of no effect.

Textual Amendments

F1 S. 4(1) paragraphs (11)(12) substituted by Administration of Justice Act 1982 (c. 53, SIF 39), s. 57(2)

F2 S. 4(1A) inserted by Administration of Justice Act 1982 (c. 53, SIF 39), s. 57(3)

F3 Words repealed by Statute Law (Repeals) Act 1986 (c. 12), s. 1(1), Sch. 1 Pt. XII

Modifications etc. (not altering text)

C1 S. 4(2) amended by Statutory Instruments Act 1946 (c. 36), s. 5(2)

Marginal Citations

M1 1881 c. 44.