Settled land and Trustee Acts (Court's General Powers) Act 1943
| Jurisdiction | UK Non-devolved |
| Citation | 1943 c. 25 |
| Year | 1943 |
Settled land and Trustee Acts (Court's General Powers) Act, 1943
(6 & 7 Geo. 6.) CHAPTER 25.
An Act to Extend temporarily the powers of the court under section sixty-four of the Settled Land Act, 1925, and section fifty-seven of the Trustee Act, 1925; and to amend the first-mentioned section as respects improvements.
[6th July 1943]
Be it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
1 Extension of powers under 15 Geo. 5. c. 18 s. 64 and c. 19 s. 57.
(1) The jurisdiction of the court under section sixty-four of the Settled Land Act, 1925 (which confers power on a tenant for life to effect under an order of the court any transaction, including an application of capital money), and, so far as regards trustees for sale of land, the jurisdiction of the court under section fifty-seven of the Trustee Act, 1925 (under which the court may make an order conferring on trustees power to effect any transaction, including an expenditure of money, and may direct in what manner money to be expended is to be paid as between capital and income) shall include power, in the circumstances specified in subsection (2) of this section, to make an order authorising any expense of action taken or proposed in or for the management of settled land or of land held on trust for sale, as the case may be, to be treated as a capital outgoing, notwithstanding that in other circumstances that expense could not properly have been so treated.
(2) The said circumstances are that the court is satisfied—
(a ) that the action taken or proposed was or would be for the benefit of the persons entitled under the settlement, or under the trust for sale, as the case may be, generally; and either
(b ) that the available income from all sources of a person who, as being beneficially entitled to possession or receipt of rents and profits of the land or to reside in a house comprised therein, might otherwise have been expected to bear the expense of the action taken or proposed has been so reduced by reason of circumstances arising out of war conditions as to render him unable to bear the expense thereof, or unable to bear it without undue hardship; or
(c ) in a case in which there is no such person as aforesaid, that the income available for meeting...
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