Statutory Instruments
LOCAL GOVERNMENT, SCOTLAND
EDUCATION, SCOTLAND
Made
26th February 1996
Laid before Parliament
11th March 1996
Coming into force
1st April 1996
The Secretary of State, in exercise of the powers conferred on him by section 17(1), (2), (3), (4), (6) and (8) of the Local Government etc. (Scotland) Act 1994(1) and of all other powers enabling him in that behalf, hereby makes the following Order:
1. This Order may be cited as the Educational Endowments (Tayside Region) Transfer Scheme Order 1996 and shall come into force on 1st April 1996.
2. The Scheme set out in the Schedule to this Order shall have effect.
Raymond S Robertson
Parliamentary Under Secretary of State, Scottish Office
St Andrew’s House,
Edinburgh
26th February 1996
Article 2
1. This Scheme may be cited as the Educational Endowments (Tayside Region) Transfer Scheme 1996.
2.—(1) In this Scheme—
(a)references to Tayside Regional Council and to Angus, City of Dundee and Perth and Kinross District Councils are to those Councils as constituted under section 2 of the Local Government (Scotland) Act 1973(2); and
(b)references to Angus, Dundee City and Perth and Kinross Councils are to those Councils as constituted under section 2 of the Local Government etc. (Scotland) Act 1994.
(2) In this Scheme, unless the context otherwise requires, any reference to a numbered paragraph or Schedule is a reference to a paragraph of, or Schedule to, this Scheme.
3.—(1) On 1st April 1996 the educational endowments listed in Part I of Schedule 1 so far as vested in Tayside Regional Council immediately before that date shall be transferred to and vest in Angus Council.
(2) On 1st April 1996 the following powers vested in Tayside Regional Council immediately before that date shall be transferred to and vest in Angus Council:—
(a)all powers of the Regional Council under the Angus Educational Trust Scheme 1935(3); and
(b)all powers with respect to the endowments listed in Part I of Schedule 1.
4.—(1) On 1st April 1996 the educational endowments listed in Part II of Schedule 1 so far as vested in Tayside Regional Council immediately before that date shall be transferred to and vest in Dundee City Council.
(2) On 1st April 1996 the following powers vested in Tayside Regional Council immediately before that date shall be transferred to and vest in Dundee City Council:—
(a)all powers of the Regional Council under the City of Dundee Educational Trust Scheme 1966(4); and
(b)all powers with respect to the endowments listed in Part II of Schedule 1.
5.—(1) On 1st April 1996 the following educational endowments so far as vested in Tayside Regional Council immediately before that date shall be transferred to and vest in Perth and Kinross Council:—
(a)the endowments comprised in the Perth and Kinross Educational Trust, governed by the Perth and Kinross Educational Trust Scheme 1964(5);
(b)the endowments listed in Part III of Schedule 1.
(2) On 1st April 1996 the following powers vested in Tayside Regional Council immediately before that date shall be transferred to and vest in Perth and Kinross Council:—
(a)all powers under the Perth and Kinross Educational Trust Scheme 1964; and
(b)all powers with respect to the endowments listed in Part III of Schedule 1.
(3) On 1st April 1996 the rights to be paid money under section 8 of the Perth and Kinross Educational Trust Scheme 1964 vested in Tayside Regional Council immediately before that date shall be transferred to and vest in Perth and Kinross Council.
6.—(1) Where immediately before 1st April 1996 there were vested in Tayside 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 paragraphs 3 to 5, then, subject to paragraph 8 and Schedule 2, 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 authority.
(2) Where immediately before 1st April 1996 there were vested by virtue of his office in the holder of an office connected with Tayside 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 8 and Schedule 2, 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 authority nominated by that authority for the purpose;
(ii)in the case where they were vested by virtue of his office in an officer of Tayside Regional Council, the proper officer of the appropriate new authority;
(iii)in the case where they were vested in a person nominated by Tayside Regional Council, a person nominated by the appropriate new authority.
(3) In this paragraph, “the appropriate new authority” means—
(a)subject to head (c) below, the new authority 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 establishment, the new authority 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 heads (a) and (b) above do not apply, or where application of them indicates more than one new authority, the new authority for the area with which the endowment is most closely connected.
7.—(1) Where immediately before 1st April 1996 there were vested in Angus, City of Dundee or Perth and Kinross 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 8 and Schedule 2, 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 authority.
(2) Where immediately before 1st April 1996 there were vested by virtue of his office in the holder of an office connected with Angus, City of Dundee or Perth and Kinross 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 8 and Schedule 2, 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 authority 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 authority;
(iii)in the case where they were vested in a person nominated by the relevant district council, a person nominated by the successor authority.
(3) In this paragraph, “the successor authority” means—
(a)in relation to Angus District Council, Angus Council;
(b)in relation to City of Dundee District Council, Dundee City Council;
(c)in relation to Perth and Kinross District Council, Perth and Kinross Council.
8. The governing instruments specified in Schedule 2 shall be amended in accordance with that Schedule.
9. Subject to paragraph 8 and Schedule 2, and unless the context otherwise requires, where an educational endowment, or a power or right in respect of an educational endowment, is transferred by this Scheme, any reference, however expressed, in the governing instrument of the endowment in relation to that endowment, power or right, to a local authority or other person in whom the endowment, power or right was at any time vested shall be construed as a reference to the council or person in whom the endowment, power or right is vested under this Scheme.
Paragraphs 3, 4 and 5
| Name of endowment | Purpose | School |
|---|---|---|
| Grant Prize | Dux Medal | Southesk |
| Sturrock Medal | Dux Medal | Edzell |
| Victoria Prize Fund | Prize for good conduct | Edzell |
| Mrs Smart’s Bequest | Sewing prize | Forfar Academy |
| Graham Bequest Craig School | Dux Medal | Ferryden |
| Graham Bequest Montrose Academy | Prize for sport or gymnastics | Montrose Academy |
| Susan A Milne Prize | Essay Medal | Forfar Academy |
| Rotary Golden Jubilee Prize | Medal for home economics, technical or business studies | Forfar Academy |
| Mrs Grant Endowment | Dux Medal | Langlands Primary |
| Montrose Operatic Society Prize | Prize for singing or music | Montrose Academy |
| Robert Henderson Prize | Prize for hard work | Glenisla |
| Emanuel Racionzer | Runner up to dux | Forfar Academy |
| Mrs A Rodgers Prize | Dux Medal and sewing prizes | Strathmartine |
| E F Cobb Dux Medal Arbroath | Dux Medal | Arbroath High |
| Donald Thornton Memorial Prize | Essay Prize | Arbroath High |
| Major A Mearns Medal | Physics Prize | Montrose Academy |
| Burnett Prize | Books for school library | Newtyle |
| Trust for Regilding Dome | Periodic regilding of dome | Montrose Academy |
| Sir W Lamond Prize | Dux Medal | Newtyle Primary |
| Maths Prize | Maths Prize for S4 pupil | Carnoustie |
| Scott Medal | English Prize | Forfar Academy |
| Peter & Jemima Hood Fund | Purchase of books or bookcases | Hayshead, Inverbrothock, Ladyloan, Muirfield, St Thomas, Timmergreens, Warddykes |
| D R Mitchell Award | Violin Prize | All Montrose Primaries |
| Moffat-Sievwright Prize | Purchase of Prize | Forfar Academy |
| Moffat Sports Prize | Prize for sports | Chapelpark, Kirkriggs, Langlands, Wellbrae (one every four years) |
| Warrack Essay Prize | Essay Prize | Montrose Academy |
| Montrose Academy War Memorial Prize | Montrose Academy | |
| Scot-Australian Delegates Essay Prize | Essay Prize | Montrose Academy |
| J Herron Prize for Art | Art Prize | Forfar Academy |
| Personal Project Prize | ||
| Aberlemno & Pitkennedy Meals Fund | ||
| Andover School Clock | ||
| Wellington Boot Fund | Clothing for children in need | |
| Children’s Fund | ||
| H G Mitchell Bequest | ||
| David Frew Memorial Prize |
| Name of endowment | Purpose |
|---|---|
| T M Davidson Bequest | Music Prize |
| Ducat Memorial Prize | |
| D Mackenzie Memorial Prize | Science Prize |
| Dundee Public Gym | For upkeep of Ward Road Gym |
| Ex Lord Provost Macmanus Fund | Awards to pupils for good citizenship |
| W M Ryle Smith Memorial Prize | Prizes for Eastern & Forthill Primary Schools |
| Dundee Bakery Students Association | Prizes for First Year Bakery student at Kingsway Technical College in hospitality or hotel management |
| A D S Robertson Bequest | |
| Old Seafielders Memorial Fund | Prize for Grove Academy |
| Ruth Macdougall Memorial Trust | Prize for Morgan Academy in memory of pupil who died from cancer |
| Name of endowment | Purpose |
|---|---|
| Breadalbane Reading Room and Library | Provision of the reading room and library |
| Miss C C McLaren’s Trust | Grants to local charities |
| John Napier Prize | Perth College |
| Margaret Napier Prize | Perth College |
| J L Anderson | Kinnoull Primary School |
Paragraph 8
1.—(1) The Angus Educational Trust Scheme 1935(6) shall be amended in accordance with this paragraph.
(2) For the words “the County Council”, wherever they appear in the Scheme, substitute “the Council”.
(3) In section 2(3)—
(a)for paragraph (a) substitute:—
“8 persons to be elected by the Council being members of the Council or non-councillor members of a committee of the Council to which section 124 of the Local Government (Scotland) Act 1973(7) applies:”; and
(b)delete paragraphs (b) to (f) inclusive.
(4) For section 5 substitute:—
(1) The election of governors by the Council may be by the Council themselves or may be delegated to a committee of the Council.
(2) The governors elected by the Council shall hold office until the next ordinary election of councillors of the Council.”.
(5) In section 53 for the definitions of “The County” and “The County Council” substitute the following definitions:—
““The County” means the local government area of Angus described in Schedule 1 to the Local Government etc. (Scotland) Act 1994:
“The Council” means Angus Council as constituted under section 2 of the Local Government etc. (Scotland) Act 1994”.
2.—(1) The Webster and Davidson Mortification for the Blind Scheme 1963(8) shall be amended in accordance with this paragraph.
(2) In section 2(2)—
(a)for paragraph (a) substitute:—
“(a)the Lord Provost of Dundee City Council (hereinafter referred to as “the Lord Provost”);”; and
(b)for paragraph (g) substitute:—
“the proper officer of Dundee City Council having responsibility for education;”.
(3) In section 2(3), for paragraph (a) substitute:—
“(a)a councillor or other person elected by Dundee City Council;”.
(4) In section 4(1), delete from “Provided that” to the end.
(5) For section 6(1) substitute:—
“(1) the governor elected by Dundee City Council shall hold office until the next ordinary election of councillors of that Council.”.
(6) In section 6(2), for “the Town Council” substitute “Dundee City Council”.
3.—(1) The Perth and Kinross Educational Trust Scheme 1964(9) shall be amended in accordance with this paragraph.
(2) For the words “County Council”, wherever they appear in the Scheme, substitute “Council”.
(3) In section 1, for “the Joint County Council of the Combined County of Perth and Kinross” substitute “the Council”.
(4) In section 2(2)—
(a)for paragraph (a) substitute:—
“11 persons to be nominated by the Council from the Education Committee of the Council;”; and
(b)delete paragraphs (b) and (c).
(5) In section 2(3), for “triennial election of County Councillors” substitute “ordinary election of councillors”.
(6) In section 3, for “The Director of Education” substitute “An officer appointed by the Council for the purpose”.
(7) In section 56—
(a)for paragraphs (g) and (h) substitute:—
“(g)“County” means the local government area of Perth and Kinross (originally named Perthshire and Kinross) described in Schedule 1 to the Local Government etc. (Scotland) Act 1994;
(h)“Council” means Perth and Kinross Council as constituted under section 2 of the Local Government etc. (Scotland) Act 1994;”; and
(b)after paragraph (i) insert:—
“(ii)“Education Committee” means a committee of the Council to which section 124 of the Local Government (Scotland) Act 1973 applies;”.
4.—(1) The City of Dundee Educational Trust Scheme 1966(10) shall be amended in accordance with this paragraph.
(2) For the words “Town Council”, wherever they appear in the Scheme, substitute “Council”.
(3) In section 2(1)—
(a)for paragraph (c) substitute:—
“(c)“City” means the local government area of Dundee City (originally named City of Dundee) described in Schedule 1 to the Local Government etc. (Scotland) Act 1994;”;
(b)for paragraph (e) substitute:—
“(e)“Education Committee” means a committee of the Council to which section 124 of the Local Government (Scotland) Act 1973 applies;”; and
(c)for paragraph (j) substitute:—
“(j)“Council” means Dundee City Council as constituted under section 2 of the Local Government etc. (Scotland) Act 1994; and”.
(4) In section 4(1), for paragraph (a) substitute:—
“(a)Five persons to be nominated by the Council from the Education Committee of the Council;”.
(5) For section 5(1), substitute:—
“The nomination of governors from the Education Committee of the Council may be by the Council themselves or may be delegated to a committee of the Council.”.
5.—(1) The Patrick Allan-Fraser Trust Scheme 1980(11) shall be amended in accordance with this paragraph.
(2) In the list in paragraph 4(2), for the entries “The Chairman of Tayside Regional Council” and “The Chairman of Angus District Council” substitute respectively the entries “The Convener of Angus Council” and “The Vice-Convener of Angus Council”.
6.—(1) The Morgan Trust Scheme 1982(12) shall be amended in accordance with this paragraph.
(2) In section 2—
(a)For subsections (1) and (2) substitute the following two subsections:—
“(1) four persons to be elected by Angus Council from their own number;
(2) four persons to be elected by Dundee City Council from their own number;”.
(b)delete subsections (3) and (4); and
(c)renumber subsections (5) to (8) as subsections (3) to (6) respectively.
(3) For section 3(1) substitute the following subsection:—
“(1) The elections of governors by Angus and Dundee City Councils may be by the relevant Council themselves or may be delegated to a committee of the relevant Council.”.
(4) For section 4 substitute the following section:—
(1) The first election of governors by Angus Council and Dundee City Council under this Scheme as amended by the Educational Endowments (Tayside Region) Transfer Scheme 1996 shall be made before 1st July 1996, and the period of office of such governors shall begin on that date.
(2) The governors elected by Tayside Regional Council and Angus and City of Dundee District Councils who are in office immediately before 1st April 1996 shall notwithstanding the amendment of this Scheme remain in office for the period April, May and June 1996 and shall demit office at the end of that period; and during that period section 6(1) of this Scheme shall not apply to them.”.
(5) In section 5(1), for “any of subsections (1) to (4)” substitute “subsection (1) or (2)”.
(This note is not part of the Order)
This Order makes a Scheme for the transfer of interests in educational endowments from Tayside Regional Council and the district councils within Tayside Region, namely Angus, City of Dundee and Perth and Kinross District Councils to the new unitary Angus, Dundee City and Perth and Kinross 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.
Paragraphs 3, 4 and 5, of the Scheme, with Schedule 1, provide for the transfer of specific educational endowments, powers with respect to such endowments, and where appropriate rights to payment of money out of endowments, from Tayside Regional Council to Angus Council, Dundee City Council and Perth and Kinross Council respectively.
Paragraph 6 makes general provision for transfer of any interests in educational endowments, vested in Tayside Regional Council or its office-holders or nominees, which may not have been caught by the specific provisions of paragraph 3, 4 and 5. The general provision is, however, subject also to any specific amendments of governing instruments by Schedule 2. Paragraph 6 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 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 7 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 for their areas. Again this is subject to Schedule 2.
Paragraph 8 with Schedule 2 provides for amendments of the governing instruments of educational endowments consequential on local government reorganisation and on the provisions of the Scheme.
Paragraph 9 makes consequential provision for references in governing instruments of educational endowments to local authorities or persons in whom endowments, powers or rights 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.
1973 c. 65; section 2 is repealed by the Local Government etc. (Scotland) Act 1994 (c. 39), section 180(2) and Schedule 14.
Approved by Order in Council dated 2nd February 1937.
Approved by the City of Dundee Educational Trust Scheme 1966 Order in Council 1966 (S.I. 1966/812).
Approved by the Perth and Kinross Educational Trust Scheme 1964 Order in Council 1965 (S.I. 1965/316).
Approved by Order in Council dated 2nd February 1937.
1973 c. 65; section 124 was substituted by the Local Government etc. (Scotland) Act 1994 (c. 39), section 31.
Approved by the Webster and Davidson Mortification for the Blind Scheme 1963 Order in Council 1963 (S.I. 1963/1498).
Approved by the Perth and Kinross Educational Trust Scheme 1964 Order in Council 1965 (S.I. 1965/316).
Approved by the City of Dundee Educational Trust Scheme 1966 Order in Council 1966 (S.I. 1966/812).
S.I. 1980/2037.
This is the Morgan Trust Scheme 1963, approved by the Morgan Trust Scheme 1963 Order in Council 1963 (S.I. 1963/1321), as amended and renamed by Decree of the Court of Session dated 18th March 1983 in the Petition of the Governors of the Morgan Trust for Approval of a Scheme.