sec.110Ancillary provisions

### sec.110 Ancillary provisions A reference in this section to prescribed power , in relation to a prescribed trust, means— a power referred to in section 108 included in the trust instrument; or the power referred to in section 109 as applying to the prescribed trust. This Act applies to a prescribed trust as if the prescribed power were a power exercisable for a charitable purpose. Without limiting subsection (2) — neither the existence nor the exercise of the prescribed power affects the validity or status of a charitable trust as a charitable trust; and a prescribed trust is to be construed and given effect to as if— the prescribed power were a power exercisable for a charitable purpose; and any payment or application of the trust property or the trust income, or any part of either of them, in the way allowed by the power were to or for a charitable purpose; and the existence or exercise of the prescribed power does not affect the control of a prescribed trust by the court in the exercise of the court’s general jurisdiction in relation to charitable trusts; and the jurisdiction mentioned in paragraph (c) extends to the prescribed power as if the power were exercisable for a charitable purpose. s 110 ins 2009 No. 2 s 84 (sec.110-ssec.1) A reference in this section to prescribed power , in relation to a prescribed trust, means— a power referred to in section 108 included in the trust instrument; or the power referred to in section 109 as applying to the prescribed trust. (sec.110-ssec.2) This Act applies to a prescribed trust as if the prescribed power were a power exercisable for a charitable purpose. (sec.110-ssec.3) Without limiting subsection (2) — neither the existence nor the exercise of the prescribed power affects the validity or status of a charitable trust as a charitable trust; and a prescribed trust is to be construed and given effect to as if— the prescribed power were a power exercisable for a charitable purpose; and any payment or application of the trust property or the trust income, or any part of either of them, in the way allowed by the power were to or for a charitable purpose; and the existence or exercise of the prescribed power does not affect the control of a prescribed trust by the court in the exercise of the court’s general jurisdiction in relation to charitable trusts; and the jurisdiction mentioned in paragraph (c) extends to the prescribed power as if the power were exercisable for a charitable purpose. - (a) a power referred to in section 108 included in the trust instrument; or - (b) the power referred to in section 109 as applying to the prescribed trust. - (a) neither the existence nor the exercise of the prescribed power affects the validity or status of a charitable trust as a charitable trust; and - (b) a prescribed trust is to be construed and given effect to as if— (i) the prescribed power were a power exercisable for a charitable purpose; and (ii) any payment or application of the trust property or the trust income, or any part of either of them, in the way allowed by the power were to or for a charitable purpose; and - (i) the prescribed power were a power exercisable for a charitable purpose; and - (ii) any payment or application of the trust property or the trust income, or any part of either of them, in the way allowed by the power were to or for a charitable purpose; and - (c) the existence or exercise of the prescribed power does not affect the control of a prescribed trust by the court in the exercise of the court’s general jurisdiction in relation to charitable trusts; and - (d) the jurisdiction mentioned in paragraph (c) extends to the prescribed power as if the power were exercisable for a charitable purpose. - (i) the prescribed power were a power exercisable for a charitable purpose; and - (ii) any payment or application of the trust property or the trust income, or any part of either of them, in the way allowed by the power were to or for a charitable purpose; and