| | The Settled Land Act 1925 (c.18) |
Commentary |
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| | 2. -- (1) The Settled Land Act 1925 is amended as follows. |
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(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)". |
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(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". |
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(4) In section 7(5), for the words "trustee for sale" substitute "trustee of land". |
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(5) In section 12(1), for the words "trustee for sale" substitute "trustee of land". |
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(6) In section 17-- |
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(i) for the words "trust for sale", in the first three places, substitute "trust of land", and
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(ii) for the words "held on trust for sale" substitute "subject to a trust of land",
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(b) in subsection (2)(c), for the words "a conveyance on trust for sale" substitute "land", and |
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(c) in subsection (3), for the words "any trust for sale" substitute "a trust of land". |
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(7) In section 18(2)(b), for the words "trustee for sale" substitute "trustee of land". |
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(8) In section 20(1)(viii), for the words "an immediate binding trust for sale" substitute "a trust of land". |
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(9) In section 30(1)-- |
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(a) in paragraph (iii), for the words "power of or upon trust for sale of" substitute "a power or duty to sell", and |
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(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
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(ii) for the words "or trust" substitute "or duty".
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(10) In section 33(1), for the words "any power of sale, or trust for sale" substitute "a power or duty to sell". |
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(11) In section 36-- |
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(i) "upon the statutory trusts" in subsection (2), and
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(ii) "on the statutory trusts" in subsection (3),
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substitute "in trust for the persons interested in the land", |
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(b) in subsection (4), for the words "trust for sale" substitute "trust of land", |
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(c) for subsection (6) substitute-- |
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"(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).", and |
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(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". |
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(12) In section 110(5), for the words "trustee for sale" substitute "trustee of land". |
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(13) In section 117(1)-- |
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(a) in paragraph (ix), for the words "not being" substitute ", but does not (except in the phrase "trust of land") include", and |
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(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". |