The Educational Endowments (Borders Region) Transfer Scheme Order 1996

Explanatory Note

(This note is not part of the Order)

This Order makes a Scheme for the transfer of interests in educational endowments from the Borders Regional Council and the district councils within Borders Region, namely the Berwickshire, Ettrick and Lauderdale, Roxburgh and Tweeddale District Councils, to the new unitary The Scottish Borders Council established under the Local Government etc. (Scotland) Act 1994.

The transfer takes effect on 1st April 1996, the day when the new unitary Councils take up their functions and the existing Regional and District Councils cease to exist.

Educational endowments are defined in section 122 of the Education (Scotland) Act 1980. Essentially they are property, heritable or moveable, dedicated to charitable educational purposes. Regional Councils as education authorities are most likely to have an interest in them but district councils may also have such an interest.

Paragraph 3 of the Scheme provides for the transfer of interests vested in the Borders Regional Council to The Scottish Borders Council. These interests may consist of the endowment itself, or powers with respect to an endowment (for instance, power to appoint trustees) or a right to payment of money out of an endowment. Provision is also made for endowments or powers vested in an office holder or nominee of the Borders Regional Council to be transferred to an office holder or nominee of The Scottish Borders Council.

Paragraph 4 provides similarly for the transfer of interests vested in the district councils or their office holders or nominees.

Paragraph 5 makes consequential provision for references in governing instruments of endowments to old local authorities and their office holders to be interpreted as references to The Scottish Borders Council and its councillors and officers.