Full legislation
s.40C
Provisions supplementary to sections 40A and 40B
(1) For the purposes of sections 40A and 40B , a direction is given by all the beneficiaries if— (a) a single direction is jointly given by all of them; or (b) in compliance with subsection (2), a direction is given by each of them (whether solely or jointly with one or more, but not all, of the others), and none of them by writing withdraws the direction given before it has been complied with. (2) If more than one direction is given, each beneficiary must specify for the appointment or retirement the same person or persons. (3) Section 37(7) (providing for the powers, authorities and discretions of new trustees) applies to a trustee appointed under section 40A or 40B as if the trustee were appointed under section 37 .