The Educational Endowments (Strathclyde Region) Transfer Scheme Order 1996

Article 2

SCHEDULE THE EDUCATIONAL ENDOWMENTS (STRATHCLYDE REGION) TRANSFER SCHEME 1996

Citation

1.  This Scheme may be cited as the Educational Endowments (Strathclyde Region) Transfer Scheme 1996.

Interpretation

2.—(1) In this Scheme—

(a) references to Strathclyde Regional Council and to any relevant district council are to those councils as constituted under section 2 of the Local Government (Scotland) Act 1973(1);

(b) references to any new council are to that council as constituted under section 2 of the Local Government etc. (Scotland) Act 1994.

(c) “relevant district council” means any district council listed below—

Argyll and Bute	Eastwood
Bearsden and Milngavie	Hamilton
City of Glasgow	Inverclyde
Clydebank	Kilmarnock and Loudoun
Clydesdale	Kyle and Carrick
Cumbernauld and Kilsyth	Monklands
Cumnock and Doon Valley	Motherwell
Cunninghame	Renfrew
Dumbarton	Strathkelvin
East Kilbride

(d) “new council” means any council listed below—

Argyll and Bute	City of Glasgow
East Ayrshire	Inverclyde
North Ayrshire	North Lanarkshire
South Ayrshire	South Lanarkshire
East Dunbartonshire	East Renfrewshire
West Dunbartonshire	Renfrewshire

(2) In this Scheme, unless the context otherwise requires, any reference to a numbered paragraph or Schedule is a reference to a paragraph of, or Schedule to, this Scheme.

Transfer of specific educational endowments and relevant powers from Strathclyde Regional Council to new councils

3.—(1) On 1st April 1996 the educational endowments listed in each Part of Schedule 1 to the extent that they are vested in Strathclyde Regional Council immediately before that date shall be transferred to and vest to the same extent in the new council to which that Part relates.

(2) On 1st April 1996 all powers vested in Strathclyde Regional Council immediately before that date with respect to educational endowments listed in each Part of Schedule 1 shall be transferred to and vest in the new council to which that Part relates.

Transfer of interests in any educational endowments not specifically provided for from Strathclyde Regional Council to new councils

4.—(1) Where immediately before 1st April 1996 there were vested in Strathclyde Regional Council—

(a) to any extent, any educational endowments;

(b) any powers with respect to educational endowments;

(c) any rights to be paid money out of educational endowments,

which are not specifically provided for in paragraph 3, then, subject to paragraph 6 and Schedule 2 and paragraph 7 and Schedule 3, such educational endowments shall to the same extent, and such powers and rights shall, on that date be transferred to and vest in the appropriate new council.

(2) Where immediately before 1st April 1996 there were vested by virtue of his office in the holder of an office connected with Strathclyde Regional Council, or in a person nominated by that Council—

(a) to any extent, any educational endowments;

(b) any powers with respect to educational endowments,

then, subject to paragraph 6 and Schedule 2 and paragraph 7 and Schedule 3, such educational endowments shall to the same extent,and such powers shall, on that date be transferred to and vest in—

(i) in the case where they were vested by virtue of his office in a councillor, or in the holder of a specified office held by a councillor, a councillor of the appropriate new council nominated by that council for the purpose;

(ii) in the case where they were vested by virtue of his office in an officer of Strathclyde Regional Council, the proper officer of the appropriate new council;

(iii) in the case where they were vested in a person nominated by Strathclyde Regional Council, a person nominated by the appropriate new council.

(3) In this paragraph, “the appropriate new council” means—

(a) subject to head (c) below, the new council for the area in which any educational establishment to which the endowment relates is situated; or

(b) subject to head (c) below, where the endowment relates to no particular such establishment, the new council for the area in which the beneficiaries of the endowment are required under its governing instrument to reside or with which they are so required to have some other connection; or

(c) where neither head (a) nor head (b) above applies, or where their application indicates more than one council, the new council for the area with which the endowment is most closely connected.

Transfer of interests in educational endowments from district councils to new councils

5.—(1) Where immediately before 1st April 1996 there were vested in a relevant district council—

(a) to any extent, any educational endowments;

(b) any powers with respect to educational endowments;

(c) any rights to be paid money out of educational endowments,

then, subject to paragraph 6 and Schedule 2 and paragraph 7 and Schedule 3, such educational endowments shall to the same extent, and such powers and rights shall, on that date be transferred to and vest in the successor new council.

(2) Where immediately before 1st April 1996 there were vested by virtue of his office in the holder of an office connected with a relevant district council, or in a person nominated by that council—

(a) to any extent, any educational endowments;

(b) any powers with respect to educational endowments,

then, subject to paragraph 6 and Schedule 2 and paragraph 7 and Schedule 3, such educational endowments shall to the same extent, and such powers shall, on that date be transferred to and vest in—

(i) in the case where they were vested by virtue of his office in a councillor, or in the holder of a specified office held by a councillor, a councillor of the successor new council nominated by that council for the purpose;

(ii) in the case where they were vested by virtue of his office in an officer of the relevant district council, the proper officer of the successor new council;

(iii) in the case where they were vested in a person nominated by the relevant district council, a person nominated by the successor new council.

(3) In this paragraph, “the successor new council” means—

(a) in relation to each district council listed in the following table, the new council specified opposite it in that table:—

District Council	Successor new council
Argyll and Bute	Argyll and Bute
Bearsden and Milngavie	East Dunbartonshire
Clydebank	West Dunbartonshire
Clydesdale	South Lanarkshire
Cumbernauld and Kilsyth	North Lanarkshire
Cumnock and Doon Valley	East Ayrshire
Cunninghame	North Ayrshire
East Kilbride	South Lanarkshire
Eastwood	East Renfrewshire
Hamilton	South Lanarkshire
Kilmarnock and Loudoun	East Ayrshire
Kyle and Carrick	South Ayrshire
Inverclyde	Inverclyde
Monklands	North Lanarkshire
Motherwell	North Lanarkshire;

(b) in relation to City of Glasgow, Dumbarton, Renfrew and Strathkelvin District Councils—

(i) subject to head (iii) below, the new council for the area in which any educational establishment to which the endowment relates is situated; or

(ii) subject to head (iii) below, where the endowment relates to no particular such establishment, the new council for the area in which the beneficiaries of the endowment are required under its governing instrument to reside or with which they are so required to have some other connection; or

(iii) where neither head (i) nor head (ii) above applies, or where their application indicates more than one council, the new council for the area with which the endowment is most closely connected.

Transfer of endowments of Dunbartonshire Educational Trust and McAulay Bequest from Strathclyde Regional Council to new governing body

6.—(1) On 1st April 1996 the endowments comprised in the Dunbartonshire Educational Trust, governed by the Dunbartonshire Educational Trust Scheme 1962, vested in Strathclyde Regional Council immediately before that date shall be transferred to and vest in the Governors of the Dunbartonshire Educational Trust, constituted and incorporated under the said Scheme as amended in accordance with Schedule 2.

(2) On 1st April 1996 all powers under the Dunbartonshire Educational Trust Scheme 1962 vested in Strathclyde Regional Council immediately before that date shall be transferred to and vest in the Governors of the Dunbartonshire Educational Trust.

(3) On 1st April 1996 all rights to be paid money out of educational endowments conferred by the Dunbartonshire Educational Trust Scheme 1962 vested in Strathclyde Regional Council immediately before that date shall be transferred to and vest in the Governors of the Dunbartonshire Educational Trust.

(4) The Dunbartonshire Educational Trust Scheme 1962 shall be amended in accordance with Schedule 2.

(5) On 1st April 1996 the endowment of the McAulay Bequest, and all powers in respect of that endowment, vested in Strathclyde Regional Council immediately before that date shall be transferred to and vest in the Governors of the Dunbartonshire Educational Trust.

(6) The Governors of the Dunbartonshire Educational Trust shall administer the McAulay Bequest as a trust separate from the Dunbartonshire Educational Trust, and Parts I, IA and II of the Dunbartonshire Educational Trust Scheme shall, so far as relevant and with such modifications as are necessary, apply to the administration of the McAulay Bequest as they apply to the administration of the Dunbartonshire Educational Trust.

Amendments of governing instruments

7.  The governing instruments specified in Schedule 3 shall be amended in accordance with that Schedule.

Consequential provision for interpretation of governing instruments

8.  Subject to paragraph 6 and Schedule 2 and paragraph 7 and Schedule 3, and unless the context otherwise requires, where an educational endowment, or a power or right in respect of it, is transferred by this Scheme, any reference, however expressed, in the governing instrument of the endowment, in relation to that endowment, power or right, to a local authority or person in whom the endowment, power or right was at any time vested shall be construed as a reference to the council or person to whom the endowment, power or right is transferred by this Scheme.

(1)

1973 c. 65; section 2 is repealed by the Local Government etc. (Scotland) Act 1994 (c. 39), section 180(2) and Schedule 14.