AI-assisted research summary: This amendment introduces and regulates an enforcer for trusts with non-charitable purposes, including duties, resignation rules, and trustee steps when no enforcer is in place.
Jersey Law 14/1996 TRUSTS (AMENDMENT 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 ____________ T HE STATES , subject to the sanction of Her Most Excellent Majesty in Council, have adopted the following Law – ARTICLE 1 In Article 1 of the Trusts (Jersey) Law 1984, 1 as amended 2 (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 10B;”. ARTICLE 2 In Article 10 of the principal Law, there shall be inserted at the beginning of paragraph (2) the words “Subject to Article 10A,”. ARTICLE 3 After Article 10 of the principal Law, there shall be inserted the following Articles – “ARTICLE 10A 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. ARTICLE 10B Enforcers (1) It shall be the duty of an enforcer to enforce the trust in relation to its non-charitable purposes. (2) The 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 trust. (3) Paragraph (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’. ARTICLE 10C Resignation or removal of enforcer (1) Subject to paragraph (3), an enforcer may resign his office by notice in writing delivered to the trustee. (2) A resignation takes effect on the delivery of notice in accordance with paragraph (1). (3) A resignation given in order to facilitate a breach of trust shall be of no effect. (4) An 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 becoming effective; (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.”. ARTICLE 4 In Article 17 of the principal Law, after paragraph (6) there shall be added the following paragraphs – “(7) A 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. (8) Where 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.”. ARTICLE 5 In Article 19 of the principal Law, in each place where it appears, the word “charitable” shall be deleted. ARTICLE 6 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.”. ARTICLE 7 In Article 38 of the principal Law, in paragraph (2), the word “charitable” shall be deleted in each place where it appears. ARTICLE 8 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 enforcer”. ARTICLE 9 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”. ARTICLE 10 This Law may be cited as the Trusts (Amendment No. 3) (Jersey) Law 1996. G.H.C. COPPOCK Greffier of the States 1 Volume 1984–1985, page 32. 2 Volume 1988–1989, page 373, and Volume 1990–1991, page 409.