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(1)For the purposes of section 19(1) and (2), where two or more proposed investments are suitable for the trust, the trustees may (except in so far as the trust deed, expressly or by implication provides otherwise) take into account appropriate non-financial considerations in determining which investment to make.
(2)An appropriate non-financial consideration may be (either or both)—
(a)a consideration that one investment is more consistent with the purposes of the trust than the other investment,
(b)an ethical, social or environmental consideration.
(3)This section—
(a)does not apply as respects a trust created before the section comes into force, and
(b)is without prejudice to any other power of trustees to take into account non-financial considerations in relation to determining investments.
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Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.
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