(2) A person does not commit an offence under this Part by
obtaining or intending to obtainproperty belonging to another unless the
person intends to permanently deprive the other of the property.
(3) For the
purposes of this Part,
"property belongs" to a person if--
(b) the person has a proprietary right or interest in the
property (not being an equitable interest arising only from an agreement to
transfer or grant an interest or from a constructive trust).
If property is
subject to a trust, the persons to whom it belongs include any person having a
right to enforce the trust.
(4) A personobtainingproperty belonging to
another without meaning the other permanently to lose the thing itself has,
nevertheless, the intention of permanently depriving the other of it if the
person's intention is to treat the thing as his or her own to dispose of
regardless of the other's rights. A borrowing or lending of the property may
amount to so treating it if, but only if, the borrowing or lending is for a
period and in circumstances making it equivalent to an outright taking or
disposal.
(5) Without limiting the generality of subsection (4), if--