This section contains a number of provisions which are supplementary to the powers to appoint new trustees conferred by Sections 19 and 20. Sub-sections (1) and (2) set out the form and content of a direction under those sections.

Section 36(7) of the Trustee Act 1925 provides that a trustee appointed under that section shall have the same powers as if he had been an original trustee. Sub-section (3) of this Section produces the same result if the trustee is appointed under sections 19 and 20.

Sub-section (4) provides that the direction must not specify a person if his appointment would contravene section 35(1) of the Trustee Act 1925 or Section 24(1) of the Law of Property Act 1925. Those sub-sections provide that if property is conveyed to trustees to hold on the trusts of a separate instrument the same persons must be appointed trustees of the conveyance and of the instrument declaring the trusts.

If a settlement expressly declares that section 19 or 20 is not to apply then that section will not apply -- sub-section (5). So far as a settlement existing at the commencement of the Act and created by a disposition is concerned, the provisions of those sections do not apply if the settlor or settlors (if living and of full capacity) execute a deed to that effect -- sub-section (8).