Part II Investment

7 Existing trusts.

(1)

This Part applies in relation to trusts whether created before or after its commencement.

(2)

No provision relating to the powers of a trustee contained in a trust instrument made before 3rd August 1961 is to be treated (for the purposes of section 6(1)(b)) as restricting or excluding the general power of investment.

(3)

A provision contained in a trust instrument made before the commencement of this Part which—

(a)

has effect under section 3(2) of the M1Trustee Investments Act 1961 as a power to invest under that Act, or

(b)

confers power to invest under that Act,

is to be treated as conferring the general power of investment on a trustee.