Education (Scotland) Act 1980

PART VI Reorganisation of Endowments

104 Register of educational endowments

(1) The Secretary of State shall appoint one of his officers to be Registrar of Educational Endowments, and it shall be the duty of the Registrar to keep a register of all educational endowments, which shall contain such information as may be prescribed, and shall be open to public inspection at all reasonable times.

(2) Except as hereinafter provided, it shall be the duty of the governing body of every educational endowment within twelve months after the date upon which the deed creating the endowment came into operation, to furnish the Registrar with such information about the endowment as may be prescribed by regulations made by the Secretary of State.

(3) This section shall not apply to a university endowment, to a theological endowment, or to the Carnegie Trust, and regulations made under this section may exempt any endowment or class of endowments from any of the provisions of this section.

105 Schemes for reorganisation of educational endowments

(1) Subject to the provisions of this section, the Secretary of State shall have power to prepare draft schemes for the future government and management of educational endowments, which schemes may provide—

(a) for altering the purposes to which such endowments are applied or applicable and the conditions and provisions regarding such application;

(b) for the application of the capital or income of such endowments to such educational purposes, mental or physical, moral or social, as the Secretary of State thinks fit having regard to the public interest and to existing conditions, social and educational: Provided always that the capital of any such endowment shall not be expended except on a purpose to which capital may properly be devoted ;

(c) for grouping, amalgamating, combining or dividing any such endowments;

(d) for altering the constitution of the governing body of any such endowment, or uniting two or more existing governing bodies or establishing new governing bodies with such powers as shall seem necessary, and for incorporating any governing body, whether old or new, and for dissolving any governing body whose endowment is transferred to another governing body; and

(e) for altering the powers as to the investment of the funds of any such endowment.

(2) It shall be the duty of the Secretary of State in reorganising any endowment in pursuance of the powers conferred by this Part of this Act to have special regard—

(a) to the spirit of the intention of the founders as embodied either—

(i) in the original deed constituting the endowment where it is still the governing instrument, or

(ii) in the scheme approved under any Act, or in any provisional order affecting the endowment;

(b) to the interest of the locality to which the endowment belongs;

(c) to the possibility of effecting economy in administration by the grouping, amalgamation or combination of any two or more endowments ; and

(d) to the need for continuing the provision from endowments of competitive bursaries at universities, central institutions, colleges of education or other educational institutions of a similar character.

(3) In every scheme which abolishes or modifies any privileges or educational advantages to which a particular class of persons is entitled, whether as inhabitants of a particular area or as belonging to a particular class in life or otherwise, the Secretary of State shall have regard to the educational interests of such class of persons:

Provided always that, where the governing instrument of any educational endowment has expressly provided for the education of children belonging to the poorer classes, either generally or within a particular area, or otherwise for their benefit, such endowment for such education or otherwise for their benefit shall continue, so far as requisite, to be applied for the benefit of such children.

(4) The powers of the Secretary of State under this section shall not extend—

(a) to a university endowment, or

(b) to the Carnegie Trust, or

(c) to a theological endowment, or

(d) to a new endowment:

Provided that if the founder or the governing body of a theological endowment or of a new endowment shall intimate in writing to the Secretary of State his or their consent to the endowment being dealt with under this section, the said powers shall extend to the endowment.

(5) If the founder or the governing body or the university court of any university, with respect to a university endowment, or the Carnegie Trustees with respect to the Carnegie Trust, shall intimate in writing to the Scottish Universities Committee of the Privy Council their consent to the endowment or the Trust being dealt with under this section, the Scottish Universities Committee shall have the like powers and duties with regard to the endowment or the Trust as are conferred by this Part of this Act upon the Secretary of State with regard to an educational endowment; and—

(a) except as mentioned in paragraph (b) below, the provisions of this Part of this Act shall, with any necessary modifications, apply for that purpose ;

(b) section 113 of this Act shall apply in place of section 112 thereof in relation to the procedure to be followed by the Scottish Universities Committee in preparing a scheme under this Part of this Act.

(6) After 30th June 1976 any reference in a scheme made or approved under Part VI of the Act of 1946 or under Part VI of the Act of 1962 (reorganisation of educational endowments)—

(a) to a certificated teacher shall be construed as a reference to a teacher registered under the [1965 c. 19.] Teaching Council (Scotland) Act 1965 ;

(b) to a children's committee shall be construed as a reference to a social work committee established under section 2(1) of the [1968 c. 49.] Social Work (Scotland) Act 1968 ;

(c) to the Scottish Counties of Cities Association or to the Association of County Councils in Scotland shall be construed as a reference to the Convention of Scottish Local Authorities.

106 Sale of land belonging to educational endowments

(1) Where it appears to the Secretary of State to be desirable that a scheme under this Part of this Act should make provision for the sale of any land forming an endowment or part thereof and for the application of the proceeds of sale in accordance with the provisions of the scheme, but that such provision cannot be made by reason of the third proviso to section 2 of the [1841 c. 38.] School Sites Act 1841 (which provides that if any land granted in accordance with the provisions of that section ceases to be used for the purposes mentioned in that Act, the land shall revert to the grantor), or by reason of any condition of a similar nature relating to the land in any Act, deed or other instrument, he may by order direct that the said proviso or condition shall not have effect in relation to the land:

Provided that no such direction shall be given in relation to any land unless the Secretary of State is satisfied either—

(a) that the person to whom the land would revert in accordance with the said proviso or condition cannot after due inquiry be found; or

(b) that, if that person can be found, he has consented to relinquish his rights in relation to the land under the said proviso or condition, and that, if he has consented so to do in consideration of the payment of a sum of money to him, adequate provision can be made for the payment to him of that sum out of the proceeds of the sale of the land.

(2) A scheme under this Part of this Act relating to any endowment which includes land in respect of which an order has been made under subsection (1) above may make provision for the payment out of the proceeds of the sale of the land of any sum which is payable to any person in consideration of the relinquishment of his rights in relation to the land under the said proviso or condition.

(3) For the purposes of this section, any land conveyed under section 2 of the [1841 c. 38.] School Sites Act 1841, or held under a condition of the nature referred to in subsection (1) above, other than land forming the site or part of the site of an educational establishment under the management of an education authority or of any building ancillary to such an educational establishment, shall be deemed to be an educational endowment or part thereof notwithstanding anything in the third proviso to that section or in the said condition.

107 Educational endowments applicable in part to non-educational purposes

(1) Where an endowment is an educational endowment within the meaning of this Part of this Act, and part of it is applicable or applied to other charitable purposes, the scheme shall be in conformity with the provisions of subsections (2) to (6) below (except so far as the governing body of such endowment assent to the scheme departing therefrom).

(2) The proportion of the endowment or annual income for the time being derived therefrom which is applicable to such other charitable purposes shall not be diverted by the scheme from such purposes unless in the opinion of the Secretary of State—

(i) there are no persons who are entitled to benefit out of such part of the endowment; or

(ii) the purposes of such part of the endowment have failed altogether or have become obsolete or useless or are otherwise sufficiently provided for; or

(iii) such purposes have become insignificant in comparison with the magnitude of such part of the endowment; or

(iv) such purposes have become prejudicial to the public welfare.

(3) The proportion of the endowment or annual income for the time being so applicable to such other charitable purposes shall be deemed to be the proportion which, in the opinion of the Secretary of State, is the proportion which has according to the average of such number of years as the Secretary of State shall determine been appropriated as regards capital or applied as regards income to such purposes, or if that proportion differs from the proportion which ought to have been so appropriated or applied according to the express directions of the instrument of foundation or the decree of any competent court or the statutes or regulations governing such endowment, the proportion applicable to such other charitable purposes shall be the proportion which ought, according to the express directions of such instrument, or such decree or such statutes or regulations, to have been appropriate or applied to such other charitable purposes.

(4) If the proportion applicable to other charitable purposes amounts to or exceeds one half of the whole of the endowment, the governing body of such endowment existing at the date of the scheme shall, so far as regards its non-educational purposes, remain unaltered by the scheme.

(5) Where the governing body remains so unaltered, that body shall pay or apply for educational purposes such proportion as under the former provisions of this section is applicable to those purposes, or such less sum as may be fixed by the Secretary of State.

(6) When any portion of the endowment or the annual income of such portion has been accumulated and not applied to any purpose, the Secretary of State shall determine whether, and in what proportion, such portion or income is to be considered for the purposes of this section as having been appropriated or applied for educational purposes or for other charitable purposes.

(7) Subject to the foregoing provisions of this section, the Secretary of State shall have power by any scheme to deal with any such endowment, and with the governing body thereof, in the same manner in all respects as if it were an endowment applied wholly to educational purposes.

108 Non-educational endowments

(1) Where the governing body of any endowment (not being an educational endowment) are of opinion that it is expedient that the endowment should be dealt with by the Secretary of State on any of the following grounds, that is to say:—

(a) that there are no persons entitled to benefit out of the endowment; or

(b) that the purposes of the endowment have failed altogether or have become obsolete or useless or prejudicial to the public welfare, or are otherwise sufficiently provided for, or are insignificant in comparison with the magnitude of the endowment, or are not substantially beneficial to the class of person for whom the endowment was originally intended; or

(c) that it is impossible, owing to the inadequacy of the endowment or to the impracticable character of the founder's intentions, to carry these intentions into effect,

the governing body may intimate in writing to the Secretary of State their consent to the endowment being dealt with under this Part of this Act and thereafter such endowment may be dealt with in all respects as if it were an educational endowment.

(2) Where the Lord Advocate is of opinion on any such ground as is specified in subsection (1) above that a scheme should be framed for the future government and management of any endowment which is not an educational endowment or of any new endowment the governing body of which have not intimated their consent to its being dealt with under this Act, he may present a petition to the Court of Session for such a scheme, and on any such petition the Court shall have power to frame a scheme for the future government and management of the endowment and for the application of the capital or income of the endowment to any purposes, as nearly as may be analogous to those contained in the governing instrument, as the Court shall think fit.

109 Provisions regarding interests of individuals

(1) Where at 3rd August 1928, any individual held a vested interest in any office, place, employment, pension, compensation allowance, bursary or emolument under or arising out of an endowment being dealt with in a scheme, the Secretary of State shall in such scheme save or make due compensation for the said vested interest.

(2) Every interest, right, privilege or preference which any person may acquire or may have acquired since 3rd August 1928, in or relative to any endowment, or in the governing body thereof, or as member of any such governing body, or in or relative to any office, place, employment, pension, compensation allowance, bursary or emolument in the gift of any such governing body, shall be subject to the provisions of any scheme made under this Part of this Act.

110 Provisions as to beneficiaries and teachers

(1) In framing a scheme for any endowment, the Secretary of State shall—

(a) provide that in making a selection from amongst those eligible for the benefits of the endowment, due regard shall be paid to diligence, attainment and promise as ascertained in such manner as the Secretary of State shall determine, and

(b) where he considers it expedient to do so, provide for extending to both sexes the benefit of the endowment.

(2) In every scheme the Secretary of State shall provide for the dismissal at pleasure of every officer in the employment of the governing body and of every teacher and officer in any endowed school to which the scheme relates:

Provided that the scheme shall make provision for the application in the case of the dismissal of a registered teacher of the provisions of section 88 of this Act, with the substitution of the governing body for the education authority, and with any other necessary modifications.

(3) In any scheme for any endowment, any provision which applies section 85(3) of the Act of 1962 to any certificated or registered teacher in the employment of the governing body of that endowment, or which has, in relation to such a teacher, the like effect as such a provision, shall cease to have effect.

(4) Any such scheme may contain provision for the removal of any religious test or qualification applicable to teachers.

111 Accounts and audit of educational endowments

(1) It shall be the duty of the governing body of every educational endowment administered under a scheme made by the Court of Session which provides for the audit of the accounts of that endowment in such manner as the Secretary of State may prescribe, or administered under a provisional order made under the Act of 1878, or under a scheme made under the Act of 1882, the Acts of 1928 to 1935, Part VI of the Act of 1946, Part VI of the Act of 1962 or under this Part of this Act, other than any such endowment to which section 106(1) of the [1973 c. 65.] Local Government (Scotland) Act 1973, applies, to comply with the following provisions of this section.

(2) The governing body of every endowment to which this section applies shall keep proper accounts and other records in relation to the functioning of that body, and shall prepare in respect of each financial year a statement of account in such form as the Secretary of State, or, in the case of a university endowment or the Carnegie Trust, the Scottish Universities Committee of the Privy Council, may by order direct.

(3) The accounts of every endowment to which this section applies shall be audited each year by an auditor appointed by the governing body with the approval in the case of a university endowment or the Carnegie Trust, of the Scottish Universities Committee of the Privy Council; and no person shall be qualified to be appointed auditor as aforesaid unless he is a member of one or more of the following bodies:—

(a) the Institute of Chartered Accountants of Scotland ;

(b) the Institute of Chartered Accountants in England and Wales;

(c) the Association of Certified Accountants;

(d) the Institute of Chartered Accountants in Ireland ;

(e) any other body of accountants established in the United Kingdom and for the time being recognised for the purposes of section 161(1)(a) of the [1948 c. 38.] Companies Act 1948 by the Secretary of State ;

but a Scottish firm may be so appointed if each of the partners therein is qualified to be so appointed.

(4) The governing body of every endowment to which this section applies, other than a theological endowment, a university endowment or the Carnegie Trust, shall, within such period after the end of the financial year of the endowment as the Secretary of State may direct, send such copies as the Secretary of State may require of the audited accounts of the endowment to the Secretary of State, who may examine these accounts and call for any other records kept in pursuance of subsection (2) above and for such additional information as he may require.

(5) Where the Secretary of State is of the opinion that the governing body of any endowment, the accounts of which he has examined in pursuance of subsection (4) above have not complied in any respect with any enactment, deed or other instrument applying to them, he shall so report to that body and shall afford to them an opportunity of satisfying him that they are not in default.

(6) The Registrar of Educational Endowments shall make the audited accounts of every endowment to which this section applies available for public inspection at all reasonable times.

(7) Any provision in a governing instrument referred to in subsection (1) above prescribing the financial year of an endowment shall remain in operation notwithstanding the repeal by the Act of 1962 of section 11(2) of the [1956 c. 75.] Education (Scotland) Act 1956.

112 Procedure in preparation of reorganisation schemes

(1) Before making a scheme for the reorganisation of any educational endowment the Secretary of State shall prepare a draft scheme and shall—

(a) send copies of the draft scheme to the governing body of the endowment to which it relates; and

(b) cause the draft scheme to be published in such manner as he thinks sufficient for giving information to all persons interested in the scheme ;

and the governing body of that endowment or any other person interested in the scheme may, not later than the expiry of the period of one month from the first publication of the draft scheme, send in writing to the Secretary of State objections to the draft scheme, or proposed amendments thereto, or both.

(2) If within the period referred to in subsection (1) above no objection and no proposed amendment to the draft scheme is received by him, the Secretary of State may by statutory instrument make the scheme in the terms of the draft scheme published under subsection (1) above.

(3) If within the said period objections or proposed amendments to the draft scheme are received by him, the Secretary of State shall consider those objections and proposed amendments and may thereafter, if he thinks fit, frame a scheme in such form as he thinks expedient.

(4) If the Secretary of State frames a scheme under subsection (3) above, he shall as soon as practicable thereafter—

(a) give to the persons who made the objections or, as the case may be, proposed the amendments to the draft scheme notice in writing of his decision with respect to those objections or amendments, together with a statement in writing of the reasons for his decision;

(b) send copies of the scheme to the governing body of the endowment to which it relates ;

(c) cause the scheme to be published in such manner as he thinks sufficient for giving information to all persons interested in the scheme;

(d) cause to be published, along with the scheme, a notice—

(i) stating that, unless not later than the expiry of the period of one month from the first publication of the scheme a petition or appeal is presented to the Court of Session in accordance with the following provisions of this section, the Secretary of State proposes by statutory instrument to make the scheme in the terms in which it has been published, and

(ii) drawing attention to the provisions of subsection (6) below in such a way as to inform all persons concerned of their right under that subsection to present a petition to the Secretary of State and of the effect of their so doing.

(5) If within the period referred to in paragraph (d)(i) of subsection (4) above no petition or appeal is presented as aforesaid to the Court of Session, or if any petition or appeal so presented is refused by the Court, the Secretary of State may by statutory instrument make the scheme in the terms in which it was published under subsection (4) above.

(6) If within the said period a petition praying that the scheme be laid before Parliament is presented to the Secretary of State by any of the persons mentioned below, the Secretary of State shall lay the statutory instrument containing the scheme before Parliament, and that statutory instrument shall be subject to annulment in pursuance of a resolution of either House thereof.

The persons referred to above are—

(a) the governing body of the endowment to which the scheme relates,

(b) the council of any district directly affected by the scheme,

(c) any education authority directly affected by the scheme,

(d) any ratepayers (not being less than twenty) of any district or place directly affected by the scheme,

(e) any person having a vested interest in the said endowment or any part of it.

(7) If within the said period there is presented to the Court of Session by the governing body of the endowment a petition for amendment of the scheme or for the substitution of a new scheme, the Court may amend the scheme and make it as so amended, or may make a new scheme, and for those purposes the Court of Session shall have the like powers as are conferred by this Part of this Act on the Secretary of State regarding schemes for the future government and management of educational endowments.

(8) If within the said period an appeal is presented to the Court of Session by—

(a) the governing body of the endowment to which the scheme refers, or any other person directly affected by the scheme, on the ground that the scheme is not within the scope of, or is not made in conformity with, this Part of this Act, or

(b) any person holding any office, place or employment, or receiving any pension, compensation, allowance, bursary or emolument, under or arising out of the endowment to which the scheme relates, on the ground that the scheme does not comply with the provisions of this Part of this Act as to saving or making due compensation for his vested interests,

and the Court of Session decides that the scheme is contrary to law on any of the grounds mentioned in paragraphs (a) and (b) above, the Secretary of State shall not make the scheme but may, if he thinks fit, frame an amended scheme in such form as he thinks expedient, and the provisions of subsections (4) to (7) above, and of this subsection, shall apply in relation to an amended scheme framed under this subsection as they apply to a scheme framed under subsection (3) above.

(9) Where the Secretary of State causes a draft scheme or a scheme to be published under this section, he shall cause to be prefixed to that draft scheme or scheme a memorandum setting out—

(a) the reasons why, in his view, the reorganisation of the endowment to which the draft scheme or scheme relates is necessary;

(b) the respects in which the draft scheme or scheme involves any substantial alteration of the purposes to which the said endowment is applied or applicable ; and

(c) the reasons for any such alteration ;

and for the purposes of the provisions of this section relating to publication, that memorandum shall be deemed to be part of the draft scheme or scheme, as the case may be.

113 Procedure in preparation of reorganisation schemes by Scottish Universities Committee of Privy Council by virtue of s. 105(5)

(1) Before making, by virtue of section 105(5) of this Act, a scheme for the reorganisation of any endowment the Scottish Universities Committee of the Privy Council (hereafter in this section called " the Committee ") shall prepare a draft scheme and shall—

(a) send copies of the draft scheme to the governing body of the endowment to which the draft scheme relates; and

(b) cause the draft scheme to be published in such manner as it thinks sufficient for giving information to all persons interested in the scheme;

and the governing body of that endowment or any other person interested in the scheme may, not later than the expiry of the period of one month from the first publication of the draft scheme, send in writing to the Committee objections to the draft scheme, or proposed amendments thereto, or both.

(2) If within the period referred to in subsection (1) above no objection and no proposed amendment to the draft scheme is received by it, the Committee may make the scheme in the terms of the draft scheme published under that subsection, and it shall be lawful for Her Majesty by Order in Council to approve the scheme so made.

(3) If within the said period objections or proposed amendments to the draft scheme are received by it, the Committee shall consider those objections and proposed amendments and may thereafter, if it thinks fit, frame a scheme in such form as it thinks expedient.

(4) If the Committee frames a scheme under subsection (3) above, it shall as soon as practicable thereafter—

(a) give to the persons who made the objections or, as the case may be, proposed the amendments to the draft scheme notice in writing of its decision with respect to those objections or amendments;

(b) send copies of the scheme to the governing body of the endowment to which the scheme relates;

(c) cause the scheme to be published in such manner as it thinks sufficient for giving information to all persons interested in the scheme ;

(d) cause to be published, along with the scheme, a notice—

(i) stating that, unless not later than the expiry of the period of one month from the first publication of the scheme an appeal is presented to the Court of Session in accordance with the following provisions of this section, the Committee proposes to make the scheme in the terms in which it has been published, and that the scheme when so made may be approved by Her Majesty by Order in Council; and

(ii) drawing attention to the provisions of subsection (6) below in such a way as to inform all persons concerned of their right under that subsection to present a petition to the Committee and of the effect of their so doing.

(5) If within the period referred to in paragraph (d)(i) of subsection (4) above no appeal is presented as aforesaid to the Court of Session, or if any appeal so presented is refused by the Court, the Committee may make the scheme in the terms in which it was published under that subsection, and, subject to subsection (6) below, it shall be lawful for Her Majesty by Order in Council to approve the scheme so made.

(6) If within the said period a petition praying that the scheme be laid before Parliament is presented to the Committee by any of the persons mentioned below, the Committee shall cause the scheme to be laid before both Houses of Parliament, and it shall be lawful for Her Majesty, after the scheme has so lain for forty days (in reckoning which period no account is to be taken of any time during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days), by Order in Council to approve the scheme unless within that period either House has resolved that the scheme shall not be proceeded with, in which case no further proceedings shall be taken thereon, without prejudice however, to the making of a new scheme.

The persons referred to above in relation to a scheme under this section are those mentioned in paragraphs (a) to (e) of section 112(6) of this Act in relation to a scheme under that section.

(7) Subsection (8) of section 112 of this Act shall apply for the purposes of this section as it applies for the purposes of that section, with the substitution, for the references to the Secretary of State and to subsections (4) to (7) and (3) of that section, of references to the Committee and to subsections (4) to (6) and (3) of this section respectively.

(8) Subsection (9) of section 112 of this Act shall apply for the purposes of this section as it applies for the purposes of that section, with the substitution, for the references to the Secretary of State and to that section, of references to the Committee and to this section respectively.

(9) For the purposes of this section, references to an endowment shall be construed as references to a university endowment or the Carnegie Trust and references to the governing body of an endowment shall be construed as references to the founder or the governing body of the university court of any university, with respect to a university endowment, and to the Carnegie Trustees, with respect to the Carnegie Trust.

114 Effect of schemes

(1) Any scheme made or approved under the foregoing provisions of this Part of this Act shall come into operation—

(a) except as provided in paragraph (b) below, on the date of the making of the statutory or other instrument containing, or (as the case may be) the Order in Council approving, the scheme;

(b) in the case of a scheme contained in a statutory instrument laid before Parliament in pursuance of section 112(6) of this Act, on such date as may be specified in that statutory instrument;

and shall have effect in the same manner as if it had been enacted in this Act, and accordingly, from the said date, any enactment, letters patent, deed, instrument, trust or direction relating to the subject-matter of the scheme, so far as inconsistent with the provisions thereof, shall cease to have effect.

(2) A statutory or other instrument containing a scheme made (otherwise than by the Scottish Universities Committee of the Privy Council), or an Order in Council or other instrument approving a scheme, under this Part of this Act shall be conclusive evidence that that scheme is within the scope of, and was made in conformity with, this Act, and the validity of the scheme shall not be questioned in any legal proceedings whatever.

115 Schemes for small endowments

In the case of an educational endowment of less annual value than £500, the procedure hereinbefore prescribed shall not apply, if the governing body of such endowment frame and submit to the Secretary of State a scheme respecting such endowment. The Secretary of State may approve such scheme with or without any modifications as he thinks fit. In framing and approving such scheme the same powers may be exercised, and subject to the same conditions, as nearly as may be, as in the case of any scheme under this Part of this Act; and such scheme, when approved by the Secretary of State, shall have effect as if it were a scheme made under section 112 or, as the case may be, 113 of this Act.

116 Amending schemes

Schemes may be from time to time made or approved for amending any scheme made or approved under the Acts of 1928 to 1935, Part VI of the Act of 1946, Part VI of the Act of 1962, or this Part of this Act, and all the provisions of this Part of this Act relative to an original scheme shall, with any necessary modifications, apply also to an amending scheme.

117 Cost of publishing scheme etc.

The cost of publishing and circulating any draft scheme, or scheme, or amended scheme, under this Part of this Act shall be paid out of the funds of the endowment or endowments to which the same relates:

Provided that, if the Secretary of State causes any draft scheme, or scheme, or amended scheme, to be published in the Edinburgh Gazette, no fees shall be exigible in respect of such publication.

118 Reports by governing body

Every governing body shall make such reports and returns and give such information to the Secretary of State as he may from time to time require.

119 Quorum of governing body

The majority of members of a governing body who are present at a meeting of their body duly constituted shall have power to do anything that may be required to be done by a governing body for the purposes of this Part of this Act:

Provided that this power shall be in addition to and not in restraint of any power which any meeting of such governing body may have independently of this Part of this Act.

120 Provision for default of governing body

If the governing body of any educational endowment fail to give effect to the provisions of any provisional order or of any scheme made or approved under the Act of 1882, the Acts of 1928 to 1935, Part VI of the Act of 1946, Part VI of the Act of 1962 or this Part of this Act, it shall be lawful for the Secretary of State, after such inquiry as he shall think proper, to send a requisition to such governing body, requiring them to give effect to the provisions of the provisional order or scheme, and the governing body shall comply with the said requisition within such time as may be specified in the requisition, and, if they fail, may be summarily compelled to do so by the Court of Session, on the application of the Lord Advocate.

121 Judgment of Court of Session final

In any proceeding before the Court of Session authorised by this Part of this Act—

(a) the judgment or deliverance of the Court shall be final and not subject to review; and

(b) the Court shall dispose of all questions of expenses, and may, if they think fit, direct the expenses or any part thereof (including the expenses of the Secretary of State) to be paid out of the funds of the educational endowment to which the proceeding relates: Provided always that it shall not be lawful for the Court to find the Secretary of State liable in expenses.

122 Interpretation of Part VI

(1) In this Part of this Act, unless the context otherwise requires—

• " the Act of 1878 " means the Endowed Institutions (Scot land) Act 1878;

• " Carnegie Trust " means the property vested in the Carnegie Trustees for the Universities of Scotland;

• " charitable purposes " shall be construed in the same way as if it were contained in the Income Tax Acts;

• " educational endowment " means any endowment which has been applied or is applicable in whole or in part, whether by the declared intention of the founder, or by the consent of the governing body, or in pursuance of any scheme approved under any Act or of any provisional order or by custom or otherwise, to educational purposes;

• " educational purposes " includes—

  (i)

  payments towards the cost of professional training and apprenticeship fees,

  (ii)

  the provision of maintenance, clothing and other benefits, and

  (iii)

  the payment of grants for travel;

• " endowment " means any property, heritable or moveable, dedicated to charitable purposes, but shall not, except with the consent of the governing body, include the funds, whether capital or revenue, of any incorporation or society contributed or paid by the members of such incorporation or society by way of entry moneys or other fixed or stated payments, nor burgess or guildry fines paid to any such incorporation or society, nor funds bequeathed or given to any such incorporation or society for the benefit solely of members or widows or families of members of such incorporation or society;

• " governing body " means the managers, governors or trustees of any endowment or other person having the administration of the revenue thereof;

• " governing instrument " means, with regard to any endowment, the scheme approved under any Act or any provisional order, in accordance with which the endowment is governed and managed or, where there is no such scheme or provisional order, the deed constituting the endowment;

• " provisional order " means provisional order confirmed by Act of Parliament and provisional order made under the Act of 1878 ;

• " theological endowment " means an endowment solely or mainly applicable or applied for the purposes of theological instruction or belonging to any theological institution;

• " university endowment " means an endowment vested in, or administered by, or in the gift of any of the universities of Scotland or any of the colleges of such universities.

(2) An educational endowment shall be deemed to be a " new endowment " until the expiry of twenty years from the date when the deed creating the endowment comes into operation, so, however, that where part of an endowment has been given at one time and another part has been given at a later time and the two portions cannot in the opinion of the Secretary of State be conveniently separated from each other, the date of the older part of the endowment shall be held to be the date of the endowment.

(3) Any reference in this Act to the endowment to which a scheme under this Part of this Act relates shall, in the case of a scheme relating to more than one endowment, be construed as a reference to every endowment, or (as the context may require) to any endowment, to which the scheme relates.