Sub-section (1) provides that any person who is a trustee of land or has an interest under a trust of land may apply to the Court for an order under the Section. A person having such an interest need not be one of the original beneficiaries under the trusts. It could be the assignee of an original beneficiary or, if that beneficiary had an absolute interest, his personal representatives or persons interested in his estate. It could probably be his spouse or other dependants. It could also be his trustee in bankruptcy -- see paragraph 23 of Schedule 3 (which adds a new Section 335A to the Insolvency Act 1986).

Although the section applies in relation to a trust of the proceeds of sale of the land -- section 17(2) -- it does not apply to personal representatives -- section 18. It is not entirely clear why this should be so.

The Court is given power by this section to make orders relating to the exercise by the trustees of any of their functions. It is not clear whether the "functions" referred to are limited to the functions dealt with by the Act or to any "functions" of the trustees whatsoever.

The expression "functions" is nowhere defined in the Act and it will be interesting to see how the Courts interpret it. It is also not clear what the Court can do under this paragraph. Can it, for example, provide that no beneficiary shall be entitled to occupy the land under Section 13(1)? It certainly can make orders relating to the powers conferred on the trustees by that section -- Section 15(2) -- but maybe this is a case where there is a difference between a function and a power (as to which see the commentary to paragraph 6 above), the requirement to permit at least one beneficiary to occupy trust property being a function and the ability to select which of several can do so being a power.

Section 19 gives beneficiaries power in certain circumstances to remove and appoint new trustees. The Court does not have power under this section to interfere with this -- subsection (3).

The section also provides that the Court can make order declaring the nature or extent of a person's interest in the trust property. This provision would seem to be merely declaratory. The Court has always had power to make such a declaration.

Section 15 provides that the Court is to "have regard to" various matters in determining an application for an order under this Section.