Section 35.(1) "Where a trustee, either original or substituted, and whether appointed by a court or otherwise, is dead, or remains out of the British Islands for more than twelve months, or desires to be discharged from all or any of the trusts or powers reposed in or conferred on him, or refuses or is unfit to act therein, or is incapable of acting therein, or is an infant, then, subject to the restrictions imposed by this Act on the number of trustees -

(a) the person or persons nominated for the purpose of appointing new trustees by the instrument, if any creating the trust; or

(b) if there is no such person, or no such person able and willing to act, then the suviving or continuing trustees or trustee for the time being, or the personal representatives of the last surviving or continuing trustee;

may, by writing, appoint one or more other persons (whether or not being the persons exercising the power) to be a trustee or trustees in the place of the trustee so deceased, remaining out of the British Islands, desiring to be discharged, refusing, or being unfit, or being incapable, or being an infant, as aforesaid."

That section would appear to us to relate to the appointment of new trustees when one or more trustees are not capable of continuing, and one of the provisions is that where a trustee remains out of the British Islands for more than twelve months, his remaining trustees may, by writing, appoint one or more other persons to be a trustee in the place of such trustee. British Islands means the United Kingdom, the Channel Islands and the Isle of Man.