The Educational Endowments (Strathclyde Region) Transfer Scheme Order 1996

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.