PLANNING (NORTHERN IRELAND) ORDER 1972

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PLANNING (NORTHERN IRELAND) ORDER 1972 - SECT 85



85.(1) Where any instrument coming into operation after the making of this
Order contains a provision purporting to be a gift of property to the Ministry
upon trust to use the income thereof (either for a limited time or in
perpetuity) for or towards the upkeep of a listed building or other property
acquired or accepted by the Ministry under Article 84 or a building which the
Ministry proposes so to acquire or accept, the Ministry may accept the gift,
and if it does so, and the provision does not constitute a charitable trust,
paragraphs (2) to (7) shall have effect.

(2) The validity of the gift and of the trust to use the income as aforesaid
(in this Article referred to as "the endowment trust") shall be deemed not to
be, or ever to have been, affected by any rule of law or equity which would
not have affected their validity if the trust had been charitable.

(3) In relation to the property (of whatsoever nature) comprised in the gift
and any property for the time being representing that property (in this
Article collectively referred to as "the trust fund") the Ministry shall
during the continuance of the endowment trust have the like powers of
management, disposition and investment as, in the case of settled land are
conferred by law on the tenant for life and the trustees of the settlement in
relation to the land and the proceeds of its sale, respectively.

(4) Paragraph (3) does not prejudice any additional or larger powers conferred
on the Ministry by the trust instrument.

(5) If while the endowment trust continues an event happens such that
immediately thereafter the Ministry is neither entitled to any estate in the
building to which the trust relates nor has the building under its control or
management, and apart from this paragraph the endowment trust would not then
be determined or be deemed to have failed, then on the happening of that event
the endowment trust shall cease by virtue of this paragraph and the trust fund
shall devolve accordingly as on a failure of the trust.

(6) If the trust instrument contains a provision whereby on the failure or
determination of the endowment trust, the trust fund purports to be given, or
to be directed to be held, on charitable trusts, the validity of that gift or
direction shall be deemed not to be, or ever to have been, affected by any
rule of law or equity relating to perpetuities.

(7) In this Article "gift" includes devise, bequest, appointment, conveyance,
assignment, transfer and any other assurance of property, and "property" means
real or personal property of any description.

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Northern Irish Legislation

PLANNING (NORTHERN IRELAND) ORDER 1972 - SECT 85