The Educational Endowments (Tayside 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 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.