Section 41D

Subject to subsection (2), a person who is authorised under section 41B to exercise any function is, despite the terms of the agency, subject to any specific duties or restrictions attached to the function. Example A person who is authorised under section 41B to exercise the general power of investment is subject to the duties under section 5 in relation to that power.

A person who is authorised under section 41B to exercise a power which is subject to a requirement to obtain advice is not subject to the requirement if the person is the kind of person from whom it would have been proper for the trustees, in compliance with the requirement, to obtain advice.