1970 Ed.]
Perpetuities and Accumulations.
[CAP. 257
3
a special power of appointment shall apply only where the instrument creating the power takes effect after that commencement:
Provided that section 12 shall apply in all cases for construing the foregoing reference to a special power of appointment.
(3) This Ordinance shall apply in relation to a disposition made otherwise than by an instrument as if the disposition had been contained in an instrument taking effect when the disposition was made.
(4) This Ordinance binds the Crown.
PERPETUITIES.
4. The rule of law prohibiting the limitation, after a life interest to an unborn person, of an interest in land to the unborn child or other issue of an unborn person is hereby abolished, but without prejudice to any other rule relating to perpetuities.
5. For removing doubts, it is hereby declared that the rule of law relating to perpetuities does not apply and shall be deemed never to have applied-
(a) to any power to distrain on or to take possession of land or the income thereof given by way of indemnity against a rent, whether charged upon or payable in respect of any part of that land or not; or
(b) to any grant, exception, or reservation of any right of entry on, or user of, the surface of land or of any easements, rights, or privileges over or under land for the purpose of-
6.
(i) executing repairs, alterations, or additions to any adjoining land, or the buildings and erections thereon;
(ii) constructing, laying down, altering, repairing, renewing, cleansing, and maintaining sewers, watercourses, cesspools, gutters, drains, water-pipes, gas-pipes, electric wires or cables or other like works.
(1) Subject to subsection (2) of section 14 and subsection (2) of this section, where the instrument by which any disposition is made so provides, the perpetuity period applicable to the disposition under the rule against perpetuities, instead of being of any other duration, shall be of a duration equal to such number of years not exceeding eighty as is specified in that behalf in the instrument.
(2) Subsection (1) shall not have effect where the disposition is made in exercise of a special power of appointment, but where a period is specified under that subsection in the instrument creating such a power the period shall apply in relation to any disposition under the power as it applies in relation to the power itself.
Abolition of the double possibility rule. [cf. 1925, c. 20, s. 161.]
Restrictions on the perpetuity rule.
[cf. 1925, c. 20, s. 162.]
Power to specify perpetuity period.
1964, c. 55, s. 1.
1970 Ed.]
Perpetuities and Accumulations.
[CAP. 257
3
a special power of appointment shall apply only where the instrument creating the power takes effect after that commence-
ment:
Provided that section 12 shall apply in all cases for construing the foregoing reference to a special power of appointment.
(3) This Ordinance shall apply in relation to a disposition made otherwise than by an instrument as if the disposition had been contained in an instrument taking effect when the disposition was made.
(4) This Ordinance binds the Crown.
PERPETUITIES.
4. The rule of law prohibiting the limitation, after a life interest to an unborn person, of an interest in land to the unborn child or other issue of an unborn person is hereby abolished, but without prejudice to any other rule relating to perpetuities.
5. For removing doubts, it is hereby declared that the rule of law relating to perpetuities does not apply and shall be deemed never to have applied-
(a) to any power to distrain on or to take possession of land or the income thereof given by way of indemnity against a rent, whether charged upon or payable in respect of any part of that land or not; or
(b) to any grant, exception, or reservation of any right of entry on, or user of, the surface of land or of any ease- ments, rights, or privileges over or under land for the purpose of-
6.
(i) executing repairs, alterations, or additions to any adjoining land, or the buildings and erections thereon;
(ii) constructing, laying down, altering, repairing, re- newing, cleansing, and maintaining sewers, watercourses, cesspools, gutters, drains, water-pipes, gas-pipes, elec- tric wires or cables or other like works.
(1) Subject to subsection (2) of section 14 and subsection (2) of this section, where the instrument by which any disposition is made so provides, the perpetuity period applicable to the disposition under the rule against perpetuities, instead of being of any other duration, shall be of a duration equal to such number of years not exceeding eighty as is specified in that behalf in the instrument.
(2) Subsection (1) shall not have effect where the disposition is made in exercise of a special power of appointment, but where a period is specified under that subsection in the instrument creating such a power the period shall apply in relation to any disposition under the power as it applies in relation to the power itself.
Abolition of the double possibility rule. [cf. 1925, c. 20, s. 161.]
Restrictions on the perpetuity rule.
(cf. 1925, c. 20, s. 162.]
Power to specify perpetuity period.
1964, c. 55, s. 1.
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