No. 3) (JERSEY) LAW 1996
A LAW to further amend the Trusts (Jersey) Law 1984, sanctioned by Order
of Her Majesty in Council of the
24th day of APRIL 1996
(Registered on the 24th day of May 1996)
STATES OF JERSEY
The 21st day of November 1995
STATES, subject to
the sanction of Her Most Excellent Majesty in Council, have adopted the
following Law –
In Article 1 of
the Trusts (Jersey) Law 1984, as amended (hereinafter referred to as
“the principal Law”), in paragraph (1), after the definition of
“court” there shall be inserted the following definition –
‘enforcer’ shall be construed in accordance with Article
In Article 10 of
the principal Law, there shall be inserted at the beginning of paragraph (2)
the words “Subject to Article 10A,”.
After Article 10
of the principal Law, there shall be inserted the following Articles –
Trusts for non-charitable purposes
A trust shall not
be invalid to any extent by reason of clause (iv) of sub-paragraph (a) of
paragraph (2) of Article 10 if the terms of the trust provide for the
appointment of an enforcer in relation to its non-charitable purposes, and for
the appointment of a new enforcer at any time when there is none.
shall be the duty of an enforcer to enforce the trust in relation to its
appointment of a person as enforcer of a trust in relation to its
non-charitable purposes shall not have effect if he is also a trustee of the
(4) of Article 17 shall apply to an enforcer as if the reference in
sub-paragraph (b) of that paragraph to ‘a trustee’ were a reference
to ‘an enforcer’ and the references in that sub-paragraph to
‘his trusteeship’ and ‘such trusteeship’ were both
references to ‘his appointment’.
Resignation or removal of enforcer
to paragraph (3), an enforcer may resign his office by notice in writing
delivered to the trustee.
resignation takes effect on the delivery of notice in accordance with paragraph
resignation given in order to facilitate a breach of trust shall be of no
enforcer shall cease to be enforcer of the trust in relation to its
non-charitable purposes immediately upon –
(a) his removal from office
by the court;
(b) his resignation
(c) the coming into effect
of a provision in the terms of a trust under which he is removed from office or
otherwise ceases to hold office; or
(d) his appointment as a
trustee of the trust.”.
In Article 17 of
the principal Law, after paragraph (6) there shall be added the following
trustee of a trust for non-charitable purposes shall, at any time when there is
no enforcer in relation to them, take such steps as may be necessary to secure
the appointment of a new enforcer.
the trustee of a trust for non-charitable purposes has reason to believe that
the enforcer in relation to them is unwilling or refuses to act, or is unfit to
act or incapable of acting, he shall apply to the court for the removal of the
enforcer and the appointment of a replacement.”.
In Article 19 of
the principal Law, in each place where it appears, the word
“charitable” shall be deleted.
At the end of
ARTICLE 25 of the principal Law, there shall be added the words “or the
enforcer in relation to any non-charitable purposes of the trust.”.
In Article 38 of
the principal Law, in paragraph (2), the word “charitable” shall be
deleted in each place where it appears.
In Article 47 of
the principal Law –
(a) in paragraph (2), in
sub-paragraph (a) –
(i) at the end of
clause (ii) the word “and” shall be deleted, and
(ii) after clause (iii),
there shall be inserted the following clause –
“(iv) the appointment or removal of an enforcer
in relation to any non-charitable purposes of the trust;”;
(b) in paragraph (3), after
the word “trustee” there shall be inserted the words “, the
In Article 53 of
the principal Law –
(a) in paragraph (2), after
the words “a beneficiary” there shall be inserted the words
“or an enforcer”; and
(b) in sub-paragraphs (a)
and (b) of paragraph (2), after the words “the beneficiary” there
shall be inserted the words “or the enforcer”.
This Law may be
cited as the Trusts (Amendment No. 3) (Jersey) Law 1996.
Greffier of the