The Educational Endowments (Strathclyde Region) Transfer Scheme Order 1996

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.