15Protector subject to no control in exercise of his power of consenting

15 Protector subject to no control in exercise of his power of consenting

[Section 15 Amended by 25 Geo. V No. 78 ]

(1)  Any device, shift, or contrivance by which it shall be attempted to control the protector of a settlement in giving his consent, or to prevent him in any way from using his absolute discretion in regard to his consent, and also any agreement entered into by the protector of a settlement to withhold his consent, shall be void.

(2)  The protector of a settlement shall not be deemed to be a trustee in respect of his power of consent; and the Court shall not control or interfere to restrain the exercise of his power of consent, nor treat his giving consent as a breach of trust.

(3)  The rules of equity in relation to dealings and transactions between the donee of a power and any object of the power in whose favour the same may be exercised, shall not be held to apply to dealings and transactions between the protector of a settlement and a tenant in tail under the same settlement, upon the occasion of the protector giving his consent to a disposition by a tenant in tail under this Act.