Section 71: Transitional provisions

71. Transitional provisions (1) Subject to the other provisions of this section, a trust which immediately before 1 December 2001 is valid, in existence and registered under a [Issue 1] T22 – 32 Revised Laws of Mauritius repealed enactment, shall continue to be valid and shall be governed by the applicable enactment as if it has not been repealed. (2) Any act made, any authorisation given or any registration effected in connection with a trust under a repealed enactment, shall be deemed, where required under this Act to have been made, given or effected under this Act. (3) Any register kept under any provision of a repealed enactment shall be deemed to be part of the register kept under the corresponding provision of this Act. (4) Any person having an interest in a trust to which a repealed enactment is applicable immediately before 1 December 2001, may apply to the Court for any variation of the terms of the trust rendered necessary as a result of the coming into force of this Act, and the Court shall make such order as it thinks just. (5) Where by the effect of a choice of law provided in a trust instrument made before 1 December 2001, a trust is to be governed by the laws of Mauritius, the trust shall be governed by this Act. (6) In this section, “repealed enactment” means— (a) the Trusts Act 1989; (b) the Trust Companies Act 1989; or (c) the Offshore Trusts Act 1992. 73. – 74. — T22 – 33 [Issue 1]