§ (1) A trustee (whether a sole trustee or a trustee with others) may, notwithstanding any rule of law or equity to the contrary, by power of attorney, attested by one or more witnesses, delegate to the donee of the power the execution during any period for which the trustee is engaged on war service within the meaning of this Act, and a further period of one month thereafter, of any trust of which he is trustee.
§ (2) For the purposes of this Act a trustee shall be deemed to be engaged on war service:—
- (a) If he is engaged on active service in connection with the present war as a member of any of the military or naval forces of the Crown; and
- (b) If he is engaged on service in any work abroad, in connection with the present war, of the British Red Cross Society, or the Saint John's Ambulance Association, or any other body with similar objects; and
- (c) If in connection with the present war he is a prisoner of war in the enemy's country or is interned in the country of a neutral Power.
§ (3) All jurisdiction and powers of any Court shall apply to the donee of a power of attorney given under this Act so far as respects the execution of the trust in the same manner as if the donee were a trustee of the trust.
§ (4) A statutory declaration by the donee of a power of attorney under which the execution of the trust is delegated, that the donor is engaged on war service within the meaning of this Act, or that in any transaction the donee is acting in execution of the trust, shall be accepted as sufficient evidence of the fact by any person dealing with the donee.
§ The SOLICITOR-GENERAL (Sir Stanley Buckmaster)I beg to move, in Sub-section (1), after the word "to" ["delegate to"], to leave out the words "the donee of the power," and to insert instead thereof the words, "any person capable of being appointed to be a trustee of the trust."
It is obvious that this is a reasonable Amendment, and that the person who is appointed must be a person concerned.
§ Amendment agreed to.