120 Provision for default of governing body.S
[F1(1)]If the governing body of any educational endowment [F2to which section 105 of this Act does not extend] 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 [F3prior to the commencement of section 15 of the M1Education (Scotland) Act 1981], 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.
[F4(2)In relation to any educational endowment to which section 105 of this Act extends, subsection (1) above shall apply—
(a)with the omission of the words “to which section 105 of this Act does not extend” and the words “prior to the commencement of section 15 of the M2Education (Scotland) Act 1981”; and
(b)with the substitution for the words “Secretary of State after such inquiry as he” of the words “education authority having power under section 105 of this Act to prepare a draft scheme for the future government and management of the endowment, after such inquiry as they”.]
Textual Amendments
F1 “(1)” inserted by Education (Scotland) Act 1981 (c. 58), Sch. 6 para. 18(a)
F2Words inserted by Education (Scotland) Act 1981 (c. 58), Sch. 6 para. 18(b)
F3Words inserted by Education (Scotland) Act 1981 (c. 58), Sch. 6 para. 18(c)
Marginal Citations