Section 68
In this Part “a purpose trust” means a trust of capital or income or both which –
of International Trusts Order, 2000
40
BLUV as at 16th December 2010
(a)
is for some abstract and impersonal purpose or purposes (whether general or specific) other than an exclusively charitable purpose or exclusively charitable purposes;
(b)
other than may be necessary to satisfy the provisions of section 69(1)(d)(ii) is not for the direct or indirect benefit of any particular ascertainable persons or class of persons (whether or not immediately ascertainable); and
(c)
does not confer on any person an interest such as would enable that person to enforce the trust otherwise than under section 69(3) or section 72, and so that, without prejudice to the generality of the foregoing, a trust for the purpose of holding securities in a company or any other assets constituting the trust property shall be deemed a purpose trust;
“enforce” in relation to a trust means to require or compel trustees to execute carry out and perform their duties under the trust instrument and to bring and prosecute proceedings to enforce the terms of the trust;
“enforcer” means a person who has a duty or power to enforce a purpose trust.
Authorised purpose trusts.