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Law Reform (Miscellaneous Provisions) (Scotland) Act 1966

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This is the original version (as it was originally enacted).

6Amendment of section 5 of Trusts (Scotland) Act 1961

(1)The periods for which accumulations of income under a settlement or other disposition are permitted by section 5 of the [1961 c. 57.] Trusts (Scotland) Act 1961 shall include—

(a)a term of twenty-one years from the date of the making of the settlement or other disposition, and

(b)the duration of the minority or respective minorities of any person or persons living or in utero at that date,

and a direction to accumulate income during a period specified in paragraph (a) or paragraph (b) of this subsection shall not be void, nor shall the accumulation of the income be contrary to the said section 5, solely by reason of the fact that the period begins during the life of the grantor and ends after his death.

(2)The restrictions imposed by the said section 5 shall apply in relation to a power to accumulate income whether or not there is a duty to exercise that power, and they shall apply whether or not the power to accumulate extends to income produced by the investment of income previously accumulated.

(3)This section shall apply only in relation to instruments taking effect after the passing of this Act, and in the case of an instrument made in the exercise of a special power of appointment shall apply only where the instrument creating the power takes effect after the passing of this Act.

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