Substitution of model trust deed or new statement of trusts
19 Substitution of model trust deed or new statement of trusts
Upon an application in writing addressed to the registrar by one or more of the persons whose authority or consent is necessary for the registration of a trust under this Part and with the authority and consent required by section six of this Act for the registration of a trust together with—
in the case of a religious denomination proof that there has been deposited or enrolled in the office of the Registrar-General under the provisions of section fifteen of the Property Law Act 1958 or of any statutory modification thereof a statement of trusts certified under the hand of the registered head or representative of the denomination concerned as being the model deed of trust or substituted model deed of trust adopted for the purposes of this Part by the principal governing or representative body of such denomination; and
in all other cases proof that there has been so deposited or enrolled a statement of trusts or substituted statement of trusts approved in writing for the purposes of this Part under the hand of the Attorney-General—
the registrar shall enter or cause to be entered in the folium of the Register of Successory Trusts in which the trust concerned is registered a memorandum that the trusts upon which the property of such trust is thenceforth to be held are those set forth in such deposited or enrolled deed or statement of trusts (referring thereto by the registered number of such deed or statement).
Upon the signing of such memorandum by the registrar all property of such trust shall thenceforth be discharged as from that date from all former trusts and be held upon the trusts of the deed or statement so deposited or enrolled but subject to and without prejudice to any mortgage charge lien lease easement or other encumbrance then affecting such property or any portion thereof.
Nothing contained in or done pursuant to this section shall be construed or operate as allowing the property concerned to be held for the benefit of any religious denomination or public educational or charitable institution or body of persons other than that in connexion with which the deed or statement of trusts so superseded was registered.
The provisions of section eight of this Act shall be deemed to extend to and include matters under this section, and the powers thereby conferred on the registrar may subject as therein mentioned be exercised by him in dealing with matters under this section.
No. 3765 s. 20.
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