SETTLED LAND ACT 1884 - SECT 7 Powers given by s.63 to be exercised only with leave of the Court.

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SETTLED LAND ACT 1884 - SECT 7

Powers given by s.63 to be exercised only with leave of the Court.

7. With respect to the powers conferred by section sixty-three of the Act of
1882, the following provisions are to have effect:

(i)Those powers are not to be exercised without the leave of the Court.

(ii)The Court may by order, in any case in which it thinks fit, give leave to
exercise all or any of those powers, and the order is to name the person or
persons to whom leave is given.

(iii)The Court may from time to time rescind, or vary, any order made under
this section, or may make any new or further order.

(iv)So long as an order under this section is in force, neither the trustees
of the settlement, nor any person other than a person having the leave, shall
execute any trust or power created by the settlement, for any purpose for
which leave is by the order given, to exercise a power conferred by the Act of
1882.

(v)An order under this section may be registered and re-registered, as a lis
pendens, against the trustees of the settlement named in the order, describing
them on the register as "Trustees for the purposes of the Settled Land Act,
1882."

(vi)Any person dealing with the trustees from time to time, or with any other
person acting under the trusts or powers of the settlement, is not to be
affected by an order under this section, unless and until the order is duly
registered, and when necessary re-registered as a lis pendens.

<(vii)An application to the Court under this section may be made by the tenant for life, or by the persons who together constitute the tenant for life, within the meaning of section sixty-three of the Act of 1882.

(viii)An application to rescind or vary an order, or to make any new or
further order under this section, may be made also by the trustees of the
settlement, or by any person beneficially interested under the settlement.

(ix)The person or persons to whom leave is given by an order under this
section, shall be deemed the proper person or persons to exercise the powers
conferred by section sixty-three of the Act of 1882, and shall have, and may
exercise those powers accordingly.

(x)This section is not to affect any dealing which has taken place before the
passing of this Act, under any trust or power to which this section applies.

S.8 rep. with saving by 1955 c.24 (NI) ss.46, 47 sch 3

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Northern Irish Legislation

SETTLED LAND ACT 1884 - SECT 7