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Trustee Act 2000
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- 2000 c. 29
- Part VI
- Section 39
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- s. 39(1) words substituted by 2011 c. 25 Sch. 7 para. 90(a)
- s. 39(1) words substituted by 2011 c. 25 Sch. 7 para. 90(b)
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- Act applied by S.I. 2010/917 art. 16
- Act power to apply conferred by 2008 c. 30 s. 68(2)
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- s. 333A(4)(a) word substituted by 2008 c. 17 Sch. 8 para. 73(3)(a)(ii)
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Commencement Orders bringing provisions within this Act into force:
- S.I. 2007/1181 art. 2 commences (2000 c. 24)
Commencement Orders bringing legislation that affects this Act into force:
- S.I. 2003/1725 art. 2 commences (2002 c. 9)
- S.I. 2007/309 art. 2 3 commences (2006 c. 50)
- S.I. 2008/751 art. 2 commences (2006 c. 50)
- S.I. 2009/3250 art. 2 commences (2007 c. 29)
39 Interpretation.E+W
This section has no associated Explanatory Notes
(1)In this Act—
“asset” includes any right or interest;
“charitable trust” means a trust under which property is held for charitable purposes and “charitable purposes” has the same meaning as in the M1Charities Act 1993;
“custodian trustee” has the same meaning as in the M2Public Trustee Act 1906;
“enactment” includes any provision of a Measure of the Church Assembly or of the General Synod of the Church of England;
“exempt charity” has the same meaning as in the M3Charities Act 1993;
“functions” includes powers and duties;
“legal mortgage” has the same meaning as in the M4Law of Property Act 1925;
“personal representative” has the same meaning as in the M5Trustee Act 1925;
“settled land” has the same meaning as in the M6Settled Land Act 1925;
“trust corporation” has the same meaning as in the M7Trustee Act 1925;
“trust funds” means income or capital funds of the trust.
(2)In this Act the expressions listed below are defined or otherwise explained by the provisions indicated—
| asset management functions | section 15(5) |
| custodian | section 17(2) |
| the duty of care | section 1(2) |
| the general power of investment | section 3(2) |
| lay trustee | section 28(6) |
| power of intervention | section 22(4) |
| the standard investment criteria | section 4(3) |
| subordinate legislation | section 6(3) |
| trustee acting in a professional capacity | section 28(5) |
| trust instrument | sections 6(2) and 35(2)(a) |
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