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The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:
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(1)Sections 1, 2, 4 to 11, 13 and 14 apply in relation to an instrument taking effect on or after the commencement day, except that—
(a)those sections do not apply in relation to a will executed before that day, and
(b)those sections apply in relation to an instrument made in the exercise of a special power of appointment only if the instrument creating the power takes effect on or after that day.
(2)Section 12 applies (except as provided by subsection (3)) in relation to—
(a)a will executed before the commencement day (whether or not it takes effect before that day);
(b)an instrument, other than a will, taking effect before that day.
(3)Section 12 does not apply if—
(a)the terms of the trust were exhausted before the commencement day, or
(b)before that day the property became held on trust for charitable purposes by way of a final disposition of the property.
(4)The commencement day is the day appointed under section 22(2).
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
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Text created by the government department responsible for the subject matter of the Act 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 Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
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