The Educational Endowments (Central 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 Central Regional Council and the district councils within Central Region, namely Clackmannan, Falkirk and Stirling District Councils, to the new unitary Clackmannanshire, Falkirk and Stirling Councils 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 specifically for the transfer of the endowments comprised in the Clackmannanshire Educational Trust and the powers of Central Regional Council as governing body of that Trust from Central Regional Council to Clackmannanshire Council.

Paragraph 4 makes general provision for transfer of any interests in educational endowments, vested in Central Regional Council or its office-holders or nominees, which are not caught by the specific provision of paragraph 3. The general provision is, however, subject also to the specific amendments of the governing instruments of the Clackmannanshire and Stirlingshire Educational Trusts by the Schedule. Paragraph 4 transfers interests to the council (or their office-holders or nominees) for the area where the educational establishment to which the endowment relates is situated, or where it does not relate to a particular establishment to the council for the area in which the beneficiaries reside or with which they are required to have a connection. Where these rules do not apply or do not indicate a single council, the interest is transferred to the council for the area with which the endowment is most closely connected.

Paragraph 5 makes general provision for transfer of any interests in educational endowments of the district councils (or their office-holders or nominees) to the new councils which take over responsibility from their areas. Again this is subject to the Schedule.

Paragraph 6 with the Schedule provides for amendments of the governing instruments of the Clackmannanshire and Stirlingshire Educational Trusts consequential on local government reorganisation and on the provisions of the Scheme.

Paragraph 7 makes consequential provision for references in governing instruments of educational endowments to local authorities or persons in whom they were formerly vested to be construed as references to the councils or persons in whom they are vested under this Scheme.

Copies of governing instruments specifically referred to in this Order are available from the Student Awards Agency for Scotland, Gyleview House, 3 Redheughs Rigg, Edinburgh, EH12 9HH.