191Reduction of age and exclusion of class members

191 Reduction of age and exclusion of class members (a) a provision of a settlement creates an interest and the vesting of the interest depends on a person attaining a specified age; and (b) it becomes apparent that the provision would not infringe the rule against perpetuities if the specified age had been a lesser age, the interest is, for all purposes, treated as if, instead of its vesting depending on the person attaining the specified age, its vesting depended on the person attaining the greatest age that, if substituted in place of the specified age, would save the provision from infringing the rule. (2) If an interest to which subsection (1) applies is subsequent to any other interest created by the settlement, the other interest is not defeated or otherwise adversely affected by the operation of (3) If, in relation to an interest created by a provision of a settlement, different ages are specified in relation to different persons: (a) the reference in subsection (1) to the specified age is construed as a reference to all the specified ages; and (b) subsection (1) operates to reduce each age specified so far as is necessary to save the provision from infringing the rule against perpetuities. (4) If a provision of a settlement creates an interest which is to be taken by members of a class and it becomes apparent that the inclusion of a particular member of the class or an unborn person (who at birth would become a member or potential member of the class) would, but for this subsection: (a) cause the provision to infringe the rule against perpetuities; or (b) prevent subsection (1) from operating to save the provision from infringing the rule, the person is, unless the exclusion of the person would exhaust the class, treated in relation to the interest as if the person were not a member of the class and, if subsection (1) applies, that subsection has effect accordingly. Law of Property Act 2000 123 (5) If this section has effect in relation to a provision to which section 190 applies, the operation of this section does not affect the validity of a thing previously done in relation to the interest created by the provision.