s. 42 (9) If a person who is a patient within the meaning of S. 41(9) the Mental Health Act 2014 is a trustee of substituted by Nos 7332 property and is entitled in possession to some s. 2(Sch. 1 beneficial interest in the property no appointment item 115), 59/1986 of a new trustee in his or her place can be made by s. 143(2), the continuing trustee or trustees under this amended by No. 26/2014 section unless leave has been given— s. 455(Sch. item 32). (a) in the case of a represented person within the S. 41(9)(a) amended by meaning of the Guardianship and No. 52/1998 Administration Act 1986, by the guardian s. 311(Sch. 1 item 98). or administrator; or (b) in any other case, by the Court. (10) The provisions of this section relative to a person nominated for the purpose of appointing new trustees apply, whether the appointment is to be made in a case specified in this section or in a case specified in the instrument (if any) creating the trust, but where a new trustee is appointed under this section in a case specified in that instrument, the appointment shall be subject to the terms applicable to an appointment in that case under the provisions of that instrument. 42 Supplemental provisions as to appointment of No. 5770 s. 42. trustees (1) On the appointment of a trustee for the whole or any part of trust property— (a) the number of trustees may, subject to the restrictions imposed by this Act on the number of trustees, be increased; and (b) a separate set of trustees, not exceeding four, may be appointed for any part of the trust property held on trusts distinct from those
S. 41(9) substituted by Nos 7332 s. 2(Sch. 1 item 115), 59/1986 s. 143(2), amended by No. 26/2014 s. 455(Sch. item 32). (9) If a person who is a patient within the meaning of the Mental Health Act 2014 is a trustee of property and is entitled in possession to some beneficial interest in the property no appointment of a new trustee in his or her place can be made by the continuing trustee or trustees under this section unless leave has been given— S. 41(9)(a) amended by No. 52/1998 s. 311(Sch. 1 item 98). (a) in the case of a represented person within the meaning of the Guardianship and Administration Act 1986, by the guardian or administrator; or (b) in any other case, by the Court. (10) The provisions of this section relative to a person nominated for the purpose of appointing new trustees apply, whether the appointment is to be made in a case specified in this section or in a case specified in the instrument (if any) creating the trust, but where a new trustee is appointed under this section in a case specified in that instrument, the appointment shall be subject to the terms applicable to an appointment in that case under the provisions of that instrument. No. 5770 s. 42. 42 Supplemental provisions as to appointment of trustees s. 42 (1) On the appointment of a trustee for the whole or any part of trust property— (a) the number of trustees may, subject to the restrictions imposed by this Act on the number of trustees, be increased; and (b) a separate set of trustees, not exceeding four, may be appointed for any part of the trust property held on trusts distinct from those
58-6401a121.docx