Restrictions on the perpetuity rule

(1) For removing doubts, it is hereby declared that the rule of law relating to perpetuities shall not apply and shall be deemed never to have applied, (a) to any power to distrain on or to take possession of land or the income thereof given by way of indemnity against a rent, whether charged upon or payable in respect of any part of that land or not; (b) to any rent charge created only as an indemnity against another rent charge, although the indemnity rent charge may only arise or become payable on breach of a condition or stipulation; (c) to any power, whether exercisable on breach of a condition or stipulation or not, to retain or withhold payment of any instalment of a rent charge as an indemnity against another rent charge; or (d) to any grant, exception or reservation of any right of entry on, or user of, the surface of land or of any easements, rights or privileges over or under land for the purpose of, (i) winning, working, inspecting, measuring, converting, manufacturing, 88 carrying away and disposing of mines (ii) inspecting, grubbing up, felling and carrying away timber and other trees and the tops and lops thereof; (iii) executing repairs, alterations or additions to any adjoining land, or the buildings and erections thereon; (iv) constructing, laying down, altering, repairing, renewing, cleansing and maintaining sewers, water-courses, cess-pools, gutters, drains, water- pipes, gas-pipes, electric wires or cables or other like works. (2) This section shall apply to instruments coming into operation before or after the commencement of this Act.