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Part IVAgents, nominees and custodians

Supplementary

24Effect of trustees exceeding their powers

A failure by the trustees to act within the limits of the powers conferred by this Part—

(a)in authorising a person to exercise a function of theirs as an agent, or

(b)in appointing a person to act as a nominee or custodian,

does not invalidate the authorisation or appointment.

25Sole trustees

(1)Subject to subsection (2), this Part applies in relation to a trust having a sole trustee as it applies in relation to other trusts (and references in this Part to trustees—except in sections 12(1) and (3) and 19(5)—are to be read accordingly).

(2)Section 18 does not impose a duty on a sole trustee if that trustee is a trust corporation.

26Restriction or exclusion of this Part etc

The powers conferred by this Part are—

(a)in addition to powers conferred on trustees otherwise than by this Act, but

(b)subject to any restriction or exclusion imposed by the trust instrument or by any enactment or any provision of subordinate legislation.

27Existing trusts

This Part applies in relation to trusts whether created before or after its commencement.