sec.215Application of Act to prescribed trust

sec.215 Application of Act to prescribed trust

This Act applies in relation to a prescribed trust as if a prescribed power for the trust were a power exercisable for a charitable purpose. Without limiting subsection (1) — neither the existence nor the exercise of the prescribed power affects the validity or status of the prescribed trust as a charitable trust; and the 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 of any part of either of them, in the way allowed by the prescribed power were to or for a charitable purpose; and neither the existence nor the exercise of the prescribed power affects the control of the prescribed trust by the Supreme 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. (sec.215-ssec.1) This Act applies in relation to a prescribed trust as if a prescribed power for the trust were a power exercisable for a charitable purpose. (sec.215-ssec.2) Without limiting subsection (1) — neither the existence nor the exercise of the prescribed power affects the validity or status of the prescribed trust as a charitable trust; and the 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 of any part of either of them, in the way allowed by the prescribed power were to or for a charitable purpose; and neither the existence nor the exercise of the prescribed power affects the control of the prescribed trust by the Supreme 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) neither the existence nor the exercise of the prescribed power affects the validity or status of the prescribed trust as a charitable trust; and
• (b) the 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 of any part of either of them, in the way allowed by the prescribed 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 of any part of either of them, in the way allowed by the prescribed power were to or for a charitable purpose; and