SCHEDULES

SCHEDULE 3 MINOR AND CONSEQUENTIAL AMENDMENTS

The Settled Land Act 1925 (c.18)

2

1

The Settled Land Act 1925 is amended as follows.

2

In section 1(1)(ii)(c), after the word “fee” insert “ (other than a fee which is a fee simple absolute by virtue of section 7 of the Law of Property Act 1925) ”.

3

In section 3, for the words “not held upon trust for sale which has been subject to a settlement” substitute “ which has been subject to a settlement which is a settlement for the purposes of this Act ”.

4

In section 7(5), for the words “trustee for sale” substitute “ trustee of land ”.

5

In section 12(1), for the words “trustee for sale” substitute “ trustee of land ”.

6

In section 17—

a

in subsection (1)—

i

for the words “trust for sale”, in the first three places, substitute “ trust of land ”, and

ii

for the words “held on trust for sale” substitute “ subject to a trust of land ”,

b

in subsection (2)(c), for the words “a conveyance on trust for sale” substitute “ land ”, and

c

in subsection (3), for the words “any trust for sale” substitute “ a trust of land ”.

7

In section 18(2)(b), for the words “trustee for sale” substitute “ trustee of land ”.

8

In section 20(1)(viii), for the words “an immediate binding trust for sale” substitute “ a trust of land ”.

9

In section 30(1)—

a

in paragraph (iii), for the words “power of or upon trust for sale of” substitute “ a power or duty to sell ”, and

b

in paragraph (iv)—

i

for the words “future power of sale, or under a future trust for sale of” substitute “ a future power or duty to sell ”, and

ii

for the words “or trust” substitute “ or duty ”.

10

In section 33(1), for the words “any power of sale, or trust for sale” substitute “ a power or duty to sell ”.

11

In section 36—

a

for the words—

i

“upon the statutory trusts” in subsection (2), and

ii

“on the statutory trusts” in subsection (3),

substitute “ in trust for the persons interested in the land ”,

b

in subsection (4), for the words “trust for sale” substitute “ trust of land ”,

c

for subsection (6) substitute—

6

In subsections (2) and (3) of this section references to the persons interested in the land include persons interested as trustees or personal representatives (as well as persons beneficially interested).

d

in accordance with the amendments made by paragraphs (a) to (c), in the sidenote, for the words “trust for sale of the land” substitute “ trust of land ”.

12

In section 110(5), for the words “trustee for sale” substitute “ trustee of land ”.

13

In section 117(1)—

a

in paragraph (ix), for the words “not being” substitute “ , but does not (except in the phrase “trust of land”) include ”, and

b

in paragraph (xxx), for the words “ “trustees for sale” and “power to postpone a sale” have the same meanings” substitute “ has the same meaning ”.