Section 15(1) sets out the matters which the court is to have regard to in deciding whether to make an order under Section 14. They include the following --

(a) the intentions of the person or persons (if any) who created the trust

Since it is not stated how the court is to discover such intention it would seem that it must do so in the usual way, that is to say, by deciding what the trust is. If there is an instrument it will construe such instrument in the normal way. In any event the usual rules of evidence will apply since there is nothing in the Act corresponding to Section 21 of the Administration of Justice Act 1982 (which provides for the admission of extrinsic evidence of the testator's intention where a Will is ambiguous).

(b) the purposes for which the property subject to the trust is held.

Much the same considerations apply to this provision. The purposes will be ascertained using the normal evidence available to the court.

(c) the welfare of any minor who occupies or might reasonably be expected to occupy any land subject to the trust as his home.

The only difference that this provision would seem to make is that the court can presumably take into account the fact that the minor is occupying the property even though he is not a beneficiary under the trusts.

(d) the interests of any secured creditor of the beneficiary

"Secured" in this context must mean secured on the beneficiary's interest in the land.

Sub-section (2) deals with applications made in connection with the right to occupy conferred by Section 13. It provides that the matters which the court is to have regard to include the "circumstances and wishes" of each of the beneficiaries who wants to occupy the land. "Circumstances" is not defined. Section 13(4) sets out another list of matters which the court is to have regard to, but these appear to be identical to those referred to in sub-sections (1) and (2) (save that there is no reference to the welfare of a minor).

In relation to other applications (except those relating to Section 6 -- the power for trustees to vest land in beneficiaries against their wishes) the court has to consider the circumstances and wishes of a majority of the beneficiaries of full age and entitled to a beneficial interest in possession in any property subject to the trust. (Sub-section (3).) For "interest in possession" see Pearson v IRC [1981] AC 753 which is referred to above. However the provisions of the section do not apply to any application if the new Section 335A of the Insolvency Act 1986 applies to it.