Section 71 — Trusts Act 2019: Notice of delegation of trustee’s powers and functions

71 Notice of delegation of trustee’s powers and functions (1) Not later than 5 working days after a delegation under section 70 commences, the delegating trustee (or, if the trustee is incapable, the delegate) must notify any co-trustees and any person with the power to remove or to appoint trustees of the following: (a) the date on which the delegation commenced: (b) the duration of the delegation: (c) the name and contact details of the delegate: (d) the reason for the delegation: (e) which powers are delegated, if only some are delegated. (2) In the case where a power of attorney authorising delegation under section 70 is signed on the basis that the trustee expects that the delegation may from time to time become necessary ( see section 70(2)), the delegating trustee (or, if the trustee is incapable, the delegate) must, not later than 5 working days after the power of attorney is signed, notify any co-trustees and any person with the power to remove or to appoint trustees of the following: (a) the date on which the power of attorney was signed: (b) the name and contact details of the delegate: (c) in which of the circumstances specified in section 70(2) the delegation commences. (3) For a sole delegating trustee, it is sufficient compliance with subsections (1) and (2) if the trustee (or, if the sole trustee is incapable, the trustee’s delegate) notifies— (a) any person with the power to remove or to appoint trustees; or (b) if there is no person authorised under paragraph (a), all competent adult beneficiaries; or (c) if, in the circumstances, it is unreasonable or impracticable to comply with paragraph (b), a reasonably representative sample of beneficiaries. (4) However, a trustee or delegate is not required to comply with notification requirements under subsection (3)(b) or (c) if the trustee or delegate reasonably considers, after taking into account the factors in section 53 , that beneficiaries should not be notified. (5) Failure to comply with a notification requirement under this section does not invalidate any act done or document executed by the delegate in favour of a person dealing with a trustee’s delegate. Compare: Trustee Act 1925 s 25 (UK)