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Status:
This version of this provision is prospective.

Status
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:
- where the provision (Part, Chapter or section) has never come into force or;
- where the text of the provision is subject to change, but no date has yet been appointed by the appropriate person or body for those changes to come into force.
Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.
Changes to legislation:
There are currently no known outstanding effects for the Trusts and Succession (Scotland) Act 2024, Section 42.

Changes to Legislation
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
Prospective
42Trustees’ liability in relation to certain obligationsS
This section has no associated Explanatory Notes
(1)This section applies where a body of trustees incurs liability in respect of an obligation under—
(a)environmental law, or
(b)the law relating to an occupier’s ownership or control of heritable property,
being liability incurred in the ordinary course of administering the trust.
(2)Subject to subsection (3), any damages awarded in respect of that liability are recoverable from the trust property only.
(3)In making any award in respect of that liability the court may, if satisfied that the liability was in any way attributable to a trustee’s failure to exercise such skill, care or diligence as is required of that trustee by section 31, determine that damages are recoverable, in whole or in part, from the trustee’s private property (to the extent of the trustee’s failure) and the balance (if any) from the trust property.
(4)This section applies—
(a)irrespective of when the trust was created, but
(b)only as respects a liability incurred after the section comes into force.
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