Explanatory Notes

Trustee Act 2000

2000 CHAPTER 29

23 November 2000

Commentary on Sections

PART VI: Miscellaneous and Supplementary

Section 42: Commencement and extent

132.Section 42 provides that with the exception of itself and sections 41 and 43 (which come into force when the Act is passed) the provisions of the Act will come into force on such day or days as the Lord Chancellor may by order appoint (section 42(1) and (2)).  Such commencement orders may include transitional provisions and savings (section 42(3)).

133.Section 42(4) limits the extent of the Act to England and Wales only.  This is subject to two qualifications. First, as mentioned, an order may be made under section 41(1) amending an Act extending beyond England and Wales.  Second, the extent of consequential amendments and repeals (other than to the Charities Act 1993 and the Trustee Investments Act 1961) made in Schedules 2 and 4 to the Act will be determined by the extent of the provision amended or repealed (section 42(5)).