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2 1985

AGE OF MAJORITY ACT, 1985

SCHEDULE

Transitional Provisions and Savings

Section 7

Funds in Court

1. Any order or directions in force immediately before the commencement of this Act by virtue of any rules of court or other statutory provision relating to the control of money recovered by, or on behalf of or otherwise payable to, an infant in any proceedings shall have effect as if any reference therein to an infant's attaining the age of twenty-one years were a reference to his attaining full age and any provision in such order or directions referring, whether expressly or by implication, to the period before which, or the time at which, a person attains the age of majority shall be construed accordingly.

Wardship and Custody Orders

2. (1) Any order in force immediately before the commencement of this Act—

(a) making a person a ward of court, or

(b) otherwise providing for the custody of, or access to, any person,

that is expressed to continue in force until the person who is the subject of the order attains the age of twenty-one years, or any age between the age of eighteen and twenty-one years, shall have effect as if the reference to his attaining that age were a reference to his attaining full age.

(2) This paragraph is without prejudice to any provision in any such order that provides or allows for the maintenance or education of a person after he has attained full age.

Power of Trustees to Apply Income for Maintenance of Minor

3. (1) Section 2 shall not affect section 42 or 43 of the Conveyancing Act, 1881, in their application to any estate or interest under an instrument made before the commencement of this Act.

(2) In any case in which (whether by virtue of this paragraph or paragraph 7) trustees have power, under subsection (4) of the said section 42 or subsection (1) of the said section 43, to pay income to the parent or guardian of any person who has attained full age, or to apply it for or towards the maintenance, education or benefit of any such person, they shall also have power to pay it to that person himself.

Powers of Personal Representatives During Minority of Beneficiary

4. In the case of a beneficiary whose interest arises under a will or codicil made before the commencement of this Act or on the death before that date of an intestate, section 2 shall not affect the meaning of “infant” in sections 57 and 58 of the Succession Act, 1965 .

Accumulation Periods

5. The change, by virtue of section 2 , in the construction of section 1 of the Accumulations Act, 1892, shall not invalidate any direction for accumulation in a settlement or other disposition made by a deed, will or other instrument that was made before the commencement of this Act.

Limitation of Actions

6. The change by virtue of section 2 in the construction of section 48 (1) of the Statute of Limitations, 1957, shall not affect the time for bringing proceedings in respect of a right of action that accrued before the commencement of this Act.

Statutory Provisions Incorporated in Deeds and Wills

7. Section 2 shall not affect the construction of any statutory provision which is incorporated in and has effect as part of any deed, will or other instrument the construction of which is not affected by that section.