The Educational Endowments (Strathclyde Region) Transfer Scheme Order 1996

Link to law: http://www.legislation.gov.uk/uksi/1996/629/made/data.htm?wrap=true
Published: 1996-03-03

Statutory Instruments
1996 No. 629 (S.64)

LOCAL GOVERNMENT, SCOTLAND
EDUCATION, SCOTLAND
The Educational Endowments (Strathclyde Region) Transfer Scheme Order 1996

Made
3rd March 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:

Citation and commencement

1.  This Order may be cited as the Educational Endowments (Strathclyde Region) Transfer Scheme Order 1996 and shall come into force on 1st April 1996.

Making of Scheme

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
3rd March 1996

Article 2

SCHEDULETHE EDUCATIONAL ENDOWMENTS (STRATHCLYDE REGION) TRANSFER SCHEME 1996

Citation

1.  This Scheme may be cited as the Educational Endowments (Strathclyde Region) Transfer Scheme 1996.

Interpretation

2.—(1) In this Scheme—

(a)references to Strathclyde Regional Council and to any relevant district council are to those councils as constituted under section 2 of the Local Government (Scotland) Act 1973(2);

(b)references to any new council are to that council as constituted under section 2 of the Local Government etc. (Scotland) Act 1994.

(c)“relevant district council” means any district council listed below—

Argyll and Bute
Eastwood

Bearsden and Milngavie
Hamilton

City of Glasgow
Inverclyde

Clydebank
Kilmarnock and Loudoun

Clydesdale
Kyle and Carrick

Cumbernauld and Kilsyth
Monklands

Cumnock and Doon Valley
Motherwell

Cunninghame
Renfrew

Dumbarton
Strathkelvin

East Kilbride

(d)“new council” means any council listed below—

Argyll and Bute
City of Glasgow

East Ayrshire
Inverclyde

North Ayrshire
North Lanarkshire

South Ayrshire
South Lanarkshire

East Dunbartonshire
East Renfrewshire

West Dunbartonshire
Renfrewshire

(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.

Transfer of specific educational endowments and relevant powers from Strathclyde Regional Council to new councils

3.—(1) On 1st April 1996 the educational endowments listed in each Part of Schedule 1 to the extent that they are vested in Strathclyde Regional Council immediately before that date shall be transferred to and vest to the same extent in the new council to which that Part relates.

(2) On 1st April 1996 all powers vested in Strathclyde Regional Council immediately before that date with respect to educational endowments listed in each Part of Schedule 1 shall be transferred to and vest in the new council to which that Part relates.

Transfer of interests in any educational endowments not specifically provided for from Strathclyde Regional Council to new councils

4.—(1) Where immediately before 1st April 1996 there were vested in Strathclyde 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 paragraph 3, then, subject to paragraph 6 and Schedule 2 and paragraph 7 and Schedule 3, 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 council.

(2) Where immediately before 1st April 1996 there were vested by virtue of his office in the holder of an office connected with Strathclyde 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 6 and Schedule 2 and paragraph 7 and Schedule 3, 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 council nominated by that council for the purpose;

(ii)in the case where they were vested by virtue of his office in an officer of Strathclyde Regional Council, the proper officer of the appropriate new council;

(iii)in the case where they were vested in a person nominated by Strathclyde Regional Council, a person nominated by the appropriate new council.

(3) In this paragraph, “the appropriate new council” means—

(a)subject to head (c) below, the new council 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 such establishment, the new council 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 neither head (a) nor head (b) above applies, or where their application indicates more than one council, the new council for the area with which the endowment is most closely connected.

Transfer of interests in educational endowments from district councils to new councils

5.—(1) Where immediately before 1st April 1996 there were vested in a relevant 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 6 and Schedule 2 and paragraph 7 and Schedule 3, 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 new council.

(2) Where immediately before 1st April 1996 there were vested by virtue of his office in the holder of an office connected with a relevant 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 6 and Schedule 2 and paragraph 7 and Schedule 3, 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 new council 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 new council;

(iii)in the case where they were vested in a person nominated by the relevant district council, a person nominated by the successor new council.

(3) In this paragraph, “the successor new council” means—

(a)in relation to each district council listed in the following table, the new council specified opposite it in that table:—

District Council
Successor new council

Argyll and Bute
Argyll and Bute

Bearsden and Milngavie
East Dunbartonshire

Clydebank
West Dunbartonshire

Clydesdale
South Lanarkshire

Cumbernauld and Kilsyth
North Lanarkshire

Cumnock and Doon Valley
East Ayrshire

Cunninghame
North Ayrshire

East Kilbride
South Lanarkshire

Eastwood
East Renfrewshire

Hamilton
South Lanarkshire

Kilmarnock and Loudoun
East Ayrshire

Kyle and Carrick
South Ayrshire

Inverclyde
Inverclyde

Monklands
North Lanarkshire

Motherwell
North Lanarkshire;

(b)in relation to City of Glasgow, Dumbarton, Renfrew and Strathkelvin District Councils—

(i)subject to head (iii) below, the new council for the area in which any educational establishment to which the endowment relates is situated; or

(ii)subject to head (iii) below, where the endowment relates to no particular such establishment, the new council 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

(iii)where neither head (i) nor head (ii) above applies, or where their application indicates more than one council, the new council for the area with which the endowment is most closely connected.

Transfer of endowments of Dunbartonshire Educational Trust and McAulay Bequest from Strathclyde Regional Council to new governing body

6.—(1) On 1st April 1996 the endowments comprised in the Dunbartonshire Educational Trust, governed by the Dunbartonshire Educational Trust Scheme 1962, vested in Strathclyde Regional Council immediately before that date shall be transferred to and vest in the Governors of the Dunbartonshire Educational Trust, constituted and incorporated under the said Scheme as amended in accordance with Schedule 2.

(2) On 1st April 1996 all powers under the Dunbartonshire Educational Trust Scheme 1962 vested in Strathclyde Regional Council immediately before that date shall be transferred to and vest in the Governors of the Dunbartonshire Educational Trust.

(3) On 1st April 1996 all rights to be paid money out of educational endowments conferred by the Dunbartonshire Educational Trust Scheme 1962 vested in Strathclyde Regional Council immediately before that date shall be transferred to and vest in the Governors of the Dunbartonshire Educational Trust.

(4) The Dunbartonshire Educational Trust Scheme 1962 shall be amended in accordance with Schedule 2.

(5) On 1st April 1996 the endowment of the McAulay Bequest, and all powers in respect of that endowment, vested in Strathclyde Regional Council immediately before that date shall be transferred to and vest in the Governors of the Dunbartonshire Educational Trust.

(6) The Governors of the Dunbartonshire Educational Trust shall administer the McAulay Bequest as a trust separate from the Dunbartonshire Educational Trust, and Parts I, IA and II of the Dunbartonshire Educational Trust Scheme shall, so far as relevant and with such modifications as are necessary, apply to the administration of the McAulay Bequest as they apply to the administration of the Dunbartonshire Educational Trust.

Amendments of governing instruments

7.  The governing instruments specified in Schedule 3 shall be amended in accordance with that Schedule.

Consequential provision for interpretation of governing instruments

8.  Subject to paragraph 6 and Schedule 2 and paragraph 7 and Schedule 3, and unless the context otherwise requires, where an educational endowment, or a power or right in respect of it, 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 person in whom the endowment, power or right was at any time vested shall be construed as a reference to the council or person to whom the endowment, power or right is transferred by this Scheme.

Paragraph 3
SCHEDULE 1

PART Ieducational endowments transferred to argyll and bute council

Name
Purpose or establishment

County of Argyll Educational Trust
Educational purposes in Argyll

County of Bute Educational Trust
Educational purposes in Bute

George Hutcheon Memorial Trust
Mathematics Prize at Campbeltown Grammar School

May Paterson Prize
Prize for business studies at Campbeltown Grammar School

Mrs Stead’s Retired Teachers Fund
For teachers in any of the state aided schools within the Burgh of Helensburgh

PART IIeducational endowments transferred to east ayrshire council

Name
Purpose or establishment

Gavin Memorial Fund
Prizes for schools in Dalmellington

Brown Prize Fund
Prizes for Duxes at Cumnock Academy

Hon Alex Shaw Prize Fund
Prizes at Kilmarnock Academy

Morton Steven Dux Medal
To provide a Dux Medal at Kilmarnock Academy

Latta Dux Medal
Dux Medal at Cumnock Academy

James Mackie Memorial Prize
Prizes at Kilmarnock Academy

Hunter Stewart Fund
Doon Academy

Hood Endowment
Loudoun Academy

Archibald Hood Prize
Loudoun Academy

A B Carswell Prize
Loudoun Academy

William Wilson Memorial Prize
Prize at Auchinleck Academy

Margaret Wilson Memorial Prize
Prize at Auchinleck Academy

McKenzie Prizes
Auchinleck Academy

Galston Town Council Dux Medal
Dux Medals at Galston Junior Secondary and St Sophie’s R.C.S.

George Mason Prize Fund
Grange Academy

Robert C Grant Prize Fund
Prizes at Kilmarnock Academy

Mary C Smith Memorial Prize
Prize at Loanhead Primary School

Marion Hamilton Memorial Prize
Auchinleck Academy

Sarah B Campbell
Prize at Bellsbank Primary School

Jean G Glennie
Auchinleck Academy

John Minto Prize Fund
Prize at Loanhead Primary School

W S Oughton Memorial Prize Fund
Prize at Doon Academy

Sir Alexander Fleming Prize Fund
Prize at Loudoun Academy

John C Kennedy Trust
Prize at Bellsbank Primary School

Brown Prize Fund
Prizes at Cumnock Academy

Mary C Smith Memorial Prize
Loanhead Primary School

Agnes Smith Campbell Prize Fund
Prize at Doon Academy

T K Stevenson Memorial Dux Prize
Prize at Greenmill Primary School, Cumnock

PART IIIeducational endowments transferred to north ayrshire council

Name
Purpose or establishment

William Ainsworth Prize Fund
Prize at Auchinharvie Academy

Kemp School Prize Fund
Prizes for schools in Ardrossan, Saltcoats and Stevenston

Elizabeth Cairnie Memorial Prize
Prize at Largs Academy

James Wylie Memorial Prize Fund
Prize at Auchinharvie Academy

Andrew Galloway Prize Fund
Prize at Irvine Royal Academy

John Parker Legacy
Prize at Irvine Royal Academy/Glebe Primary School

James and Olivia Porter Prize Fund
Prize for arts at Irvine Royal Academy

Robert C Black Prize Fund
Prize at Garnock Academy

Henry L Russell Fund
Kyleshill Primary School

George Hendry Prize Fund
Prize at Largs Academy

Patrick Prize
Prize at Gateside Primary School, Beith

Mrs M & A P Patrick Prize Fund
Prize at Auchinharvie Academy

Miss G B Boyd Prize Fund
Prize at Auchinharvie Academy

Jean C McKenzie Prize Fund
Prize at Stanley Primary School, Ardrossan

Miss M E W Bird’s Trust
Prizes in the Stevenston Area

McKillop Prize Fund
Prize at Irvine Royal Academy

A B Dickie Trust
Prize at Irvine Royal Academy

Sir James Dyer Simpson Prize Fund
Prize at Largs Academy

Stewart Prize Fund
Prize at Largs Academy

Spier’s Trust
Grants to persons from the parishes of Beith, Dalry, Dunlop, Kilbirnie, Lochwinnoch and Neilston

PART IVeducational endowments transferred to south ayrshire council

Name
Purpose or establishment

John McMaster Bursary Fund
Prize at Girvan High School

G F Pollok Fund
Prizes at Tarbolton Primary School/Mainholme Academy

Doctor A White Fund
Prize at Newton Primary School

John Dawn Bequest
Prize at Carrick Academy

Provost James Smith Prize
Prize at Braehead Primary School

Ian Carson— Drumbain Memorial Prize Fund
Prize at Fisherton Primary School

Queen Elizabeth Coronation Prize
Prize at Prestwick Academy

Miller & Chesney Prize Fund
Prize at Carrick Academy

McGill Memorial Prize
Prize at Newton Park School, Ayr

Baillie John Wood Shields Prize
Prize at Ayr Academy

John Hodge Prize Fund
Prize at Ayr Academy

McMurray Prize Fund
Prize at Belmont Academy

Carrick Academy Fund
Travel Grant at Carrick Academy

Mr and Mrs Naftalin Prize Fund
Prize at Ayr Academy

David I Penman Prize Fund
Prizes at Prestwick Academy

Monkton Pageant Committee Prize
Prize at Monkton Primary School

The Allan Medal Fund
Prize at Prestwick Academy

Mrs J Mair Prize Fund
Prize at Prestwick Primary School

James Brown Memorial Medal
Prize at Mainholme Academy

James McLaurin Prize Fund
Prize at Ayr Academy

Thomas Paterson Award
Prizes in Whitlets Area, Ayr

George Todd Memorial Hall
Upkeep of George Todd Memorial Hall, Dailly

Clark Achievement Trophy
Prize at Ayr Academy

George McMillan Medal Fund
Prize at Troon Primary School

John Alexander Paterson Prize
Prize at Ayr Academy

Charlotte Anderson Trust
Prize at Prestwick Academy

Margaret Oliver Prize
Prize at Ayr Academy

McGowan Prize Fund
Prizes at Ayr Academy

Isabella Laurie Prize Fund
Prize at Ayr Academy

PART Veducational endowments transferred to east dunbartonshire council

Name
Purpose or establishment

Miss Jane Reid Memorial Trust
Bookcase and books at Bishopbriggs High School

Harry Rudin Memorial Prize
Killermont Primary School

Captain Q A Stewart’s Bequest
Benefit of Lairdsland Primary School

PART VIeducational endowments transferred to west dunbartonshire council

Name
Purpose or establishment

Dalmuir Community Centre Prizes
Prize at Clydebank High School

Rosina Kirkpatrick Prize
Prize at Vale of Leven Academy

Andrew Nairn Prize
Prize at Clydebank High School

John Sloan Prize
Prize at Vale of Leven Academy

PART VIIeducational endowments transferred to city of glasgow council

Name
Purpose or establishment

Aid Fund
Prize for children attending Protestant Day Industrial Schools

Allan Glen’s Trust Funds
For pupils and ex pupils of Allan Glen’s School

Mrs Annie Anderson’s Holiday Fund
Necessitous children’s holiday

Margaret I Balbanian Award Fund
Prize at Crookston Castle Secondary School

M & K Blake Memorial Prize Fund
Cleveden Secondary School

George Buchanan Memorial Trust Fund
Prize at John Street Secondary School

George M Buchanan (Melbourne) Bequest
Bursaries for Glasgow High School

Dr John Munro Campbell Memorial Fund
Prize at Sir John Maxwell Primary School/Hillpark Secondary School/Shawlands Academy

Country Comes to Town Exhibition Fund
Charitable objects of an agricultural nature in Glasgow City

Anne M Chisholm Prize Fund
Prize at Smithycroft Secondary School

Bequest for the Education of Deaf Children
For the education of deaf children in Glasgow

John Donald Memorial Prize Fund
Prize at Whitehill Secondary School

Henry Dyer Memorial Fund
Prize at Allan Glen’s Secondary School

Exhibition Surplus Fund
For poor and necessitous children

Finlayson Prizes
Cleveden Secondary School

Mary Kerr Forman’s Bequest
Holidays for necessitous children

Govan Burgh Band Prize
Prize at Govan High School

William Greenhorne’s Bequest
Prize at Hyndland Secondary School

Holt Prize Fund
Prize at Glasgow High School

Robert Jackson Fund
Prize at John Street Secondary School

Keaney Bequest
Unlisted schools in Glasgow

Helen Lawson Memorial Fund
Cleveden Secondary School

George Fraser Leitch Bequest
Prize at Shawlands Academy

Logan and Johnston School Scheme 1988
Assistance for education and training for persons resident in Strathclyde Region

MacFarlane Gamble Prize Fund
Prize at Whitehill Secondary School

Alex G McKimmie Prize Fund
Prize at Allan Glen’s School

Colonel Maclean Trust
Grants to persons resident in Strathclyde Region

Maclean’s Trust— Free Church of Scotland Trust

McMorran Bequest
Prize at Allan Glen’s School

Robert McNab Prize Fund
Prize at Shawlands Academy

Miss Dorothy Mitchell’s Bequest
Prize at Hillhead Primary School

Mosspark School National Fire Service Prize Fund
Prize at Mosspark Primary School

Necessitous Children’s Holiday Camp Fund (Non Denominational)
Holidays for necessitous children

Necessitous Children’s Holiday Camp Fund for Roman Catholics
Holidays for necessitous children

Orpheus Club Diamond Jubilee Fund
Books and music for handicapped children

James and Flora Powell Prize Fund
Prize at London Road Primary School

Religious Knowledge Prize Fund
Prize for proficiency in religious knowledge in Glasgow schools

Mary Runciman Prize Fund
Prize at Springburn Academy

William Russell’s Prize Fund
Prize at Hillhead High School

Ralph Memorial Prize Fund
Prize at Garthamlock Secondary School

St Peter’s (Boys) School Prize Fund
Prize at St Peter’s Primary School

Professor William Smart Memorial Prize Fund
For pupils at Glasgow High School

Kessan Smith Prize Fund
Prize at Shawlands Academy

W Wylie Stewart Prize Fund
Prize at Allan Glen’s School

Strathclyde Schools Orchestra Trust
Schools Orchestra in area of Strathclyde Region

Dr Thomas Testimonial Prize Fund
Prizes at Eastbank Academy and Wellshot Primary School

Bannerman High and St Andrews Secondary Testimonial Fund

Miss Tough’s Prize Fund
Prize at Elderpark Primary School

G & J Weir Prize Fund
Prize at Allan Glen’s School

Mary Williamson Prize Fund
Prize at Merrylee Primary School

Sir Robert Wilson’s Prize Fund
Prize at Mosspark Primary School

A R Wiseman Prize Fund
Prize at John Street Secondary School for religious knowledge

William Young Prize Fund
Prize at Shawlands Academy

Ewing Medal Prize Fund
Unlisted Glasgow School Prize

Hutcheson’s Medal Prize Fund
Prize at Glasgow High School

Lumsden Medal Prize Fund/Paul Medal Prize Fund/Tennant Medal Prize Fund
Prizes at Glasgow High School

Margaret I Balbanian Award
Prizes at Crookston, Hyndland, John Street and Whitehill Secondary Schools

Reverend Dr I K Cosgrove Endowment
Prize in Hebrew at Shawlands Academy

Barney West Memorial Prize Fund
Castlemilk High School

Barney West Memorial Fund
St Margaret Mary’s Secondary School

The Lindsay Memorial Prize
Prizes in three schools in the Baillieston Electoral Division

The Johnstone Memorial Prize
Prizes at St Bridget’s Roman Catholic School, Baillieston

The Doctor Thomas Testimonial Fund
Prizes at Eastbank Academy and Wellshot Primary School

Wm John and George Percy Prize
Prize for Pupils at Carmyle Primary School

PART VIIIeducational endowments transferred to inverclyde council

Name
Purpose or establishment

Greenock Schools Penny Savings Bank
Charitable Purposes for Greenock Pupils

Lindsay Prize Fund
Prize at Greenock High School

The St Stephen’s Port Glasgow Jericho Award
Prize at St Stephen’s School, Port Glasgow

Anonymous Donor Prize
Gourock Primary School

PART IXeducational endowments transferred to north lanarkshire council

Name
Purpose or establishment

Lanarkshire Educational Trust
Educational purposes in Lanarkshire

Marshall Trust, Lanarkshire
Educational purposes in Lanarkshire

Airdrie Bible/Knowledge Prize Fund
Prizes for religious knowledge in Airdrie schools

James Dewar Mathematics Prize
Chryston High School

D Pollock Smith Prize Fund
Stepps Primary/St Joseph’s & St Barbara’s School

William Low Prize Fund
Albert Secondary/Coatbridge Successor School

Archie Miller Gold Medal Fund
Dalziel High School

Archie Miller Prize Fund
Dalziel High School

Andrew Gray Memorial Prize
Dalziel High School

Bain Bruce Memorial Prize Fund
Dalziel High School

Alexander Gardiner Memorial Prize

John Finlayson Memorial Medal Fund
Rosehall High School

John Frame Prize Fund
Glencairn Primary School

Keir Hardie Memorial Dux Medal Fund
Keir Hardie Primary School

Mrs Jane P McGee Prize Fund
New Monkland Primary School

Edward McGhee Prize
New Monkland Primary School

Nan Gilchrist Memorial Prize
Shawhead Primary School

Patrick McGowan Memorial Prize
St Kevin’s Primary School

Motherwell and Wishaw Rotary Prize Fund
Motherwell/Wishaw Schools

David Colville Centenary Medal
Motherwell/Wishaw Schools

The Hunter Maitland Medal
Prize at Airdrie Academy

The Joseph W Jeffrey Prize
Prize at Airdrie Academy

Margaret M W Thomson Prize Fund
Prize at Clarkston Primary School

Violet I Gray Memorial Dux Medal
Prize at Dunrobin and Tollbrae Primary Schools, Airdrie

Rankin & Mains Legacy
Prize at Glenboig and Chryston Primary Schools

The Lindsay Memorial Prize

The Patrick McGowan Memorial Prize
Prize at St Kevin’s Roman Catholic School, Bargeddie

The William Neilson Prize
Prizes at Bellshill Primary School

The Robert M Scott Writing Prize
Prizes at Belvidere Primary School, Bellshill

The Robert Moffat Prize
Prize at Bellshill Academy and Cardinal Newman High School

The Robert Moffat Prize for English
Prize at Bellshill Academy

The Robert and Mary Cameron Memorial Prize
Prizes for English at Bellshill Academy

The Joseph Potts Prize
Prize at Bellshill Academy and Cardinal Newman High School

PART Xeducational endowments transferred to south lanarkshire council

Name
Purpose or establishment

The James W Allan Bursary
Bursary for the study of natural history to students in Lanark County

A M Watt Low Memorial Prize
Bankhead Primary School

The Biggar Women’s Temperance Association Prize Fund
Prize at Biggar High School

Sir Nathaniel Dunlop Bursaries Fund
Biggar High School

The James W Allan Prize Fund
Prize at Biggar High School

The George B R Marshall Prize
Prize at Braidwood Primary School

The Dr Robert Yuill Prize Fund
Prize for pupils in schools in Carluke

The William Marr Prize
Prize for pupils at Carluke High School

The Alexander Robert Prize
Prize for pupils at Carluke High School

The Sir John Mann Memorial Prize Fund
Prize for pupil at Carnwath Primary School

Carstairs District Nursing Association Bequest

Alexander Campbell Prize Fund
Cathkin Primary School

The SSEB Prize for Physics
Earnock High School

The David L Struthers Prize Fund
Prize at Gilmourton Primary School

The Miss Marion Sharp Paterson Prize Fund
Prize at Glenlee Primary School

The Rev John McKechnie Prize Fund
Prize for pupil at Halfmerke Primary School

The George F Pollock Trust
Hamilton Grammar School

Miss E H Hamilton Fund
Prize at Hamilton Grammar School

The Flora B Aiton Medal
Prize at Hamilton Grammar School

The David B Hair Medal
Prize in mathematics at Hamilton Grammar School

The Thomas Anderson Gold Medal Fund
Gold Medal Prize at Hamilton Grammar School

The Archibald Stevenson Memorial Medal
Prize at Hamilton Grammar School

The Isobel Walker Memorial Prize
Prize at Hamilton Grammar School

Isabella Leggate Memorial Prize
Prize at Hamilton Grammar School

The Robert Britton Memorial Prize
Prize at Hamilton Grammar School

The Ewart Prize Fund
Prize at Hamilton Grammar School

The Miss Annie E Adams Memorial Prize
Prize at Hamilton Grammar School

The Holy Cross High Prize Fund
Prizes at Holy Cross High School, Hamilton

The Francis Martin Senior Boys Dux Prize
Dux Prize at Holy Cross High School, Hamilton

The Thomas Anderson Gold Medal Fund
Gold Medal Prize at Hamilton Grammar School

The Kathleen Power Memorial Prize
Dux Prize for Girls at Holy Cross High School

The Annie Harley Memorial Prize
Prize at Low Waters Primary School, Hamilton

Mrs Mary A B Scott (Lamington Bequest)
Bursary for resident of Lamington Parish

The Hutton Prize
Prize at Lanark Grammar School

The Robert Wood Prize Fund
Medal for Dux of Third Year at Lanark Grammar School

The Peter Shand Prize
Chemistry and physics prizes at Lanark Grammar School

The J Eunice Copeland Prize
First Year Dux Prize at Lanark Grammar School

The Mitchell Dux Medal
Larkhall Academy

Miss Mary McLauchlin Prize
Netherburn Primary School

Rev James French Trust
Prize at New Lanark Primary School

Dr John Shaw Memorial Prize
Quarter Primary School

J W Torrance Bursary
Quarter Primary School

Andrew McAllan Memorial Prize
Dux Medal at Rutherglen Academy

Marion N Blackley Memorial Bequest
Robert Smellie Memorial Primary School, Larkhall

Miss Christina Clarkston Ross Prize
Prize at Stonelaw High School

Dr Donald C Buchanan Memorial Prize Fund
Prize at Stonelaw High School

The Robertson Reid Memorial Prize
Dux Boy and Girl in Stonelaw High School

Jane Andrew Memorial Prize Fund
Prize at Strathaven Academy

The Elizabeth Strachan Memorial Prize Fund
Prize at Strathaven Academy

Strathaven Male Voice Choir
Prize at Strathaven Academy

The Fleming Downie Prize for English
Prize at Strathaven Academy

George Stewart Memorial Prize
Geography/History Prizes at Strathaven Academy

Symington Primary School Dux Prize
Prize at Tinto Primary School

The Clow Ross Prize
Prize at Uddingston Grammar School

The James Logan Memorial Prize Fund
Prize at Uddingston Grammar School

The George N Crawford Memorial Prize
Prize at Uddingston Grammar School

PART XIeducational endowments transferred to east renfrewshire council

Name
Purpose or establishment

McNiven Prize
Prize for pupils at Eastwood High School

Rev Denis Reen Trust Fund
Prize at St Ninians High School

PART XIIeducational endowments transferred to renfrewshire council

Name
Purpose or establishment

Provost Isabel H Leishman Prize
Prize at Camphill School

Duncan McKenzie Award
Prize for the benefit of pupils at Gleniffer High School

Joseph McLean Award
Prize for the benefit of pupils at Gleniffer High School

St Margaret’s Paisley Charity Fund
Local charities in the Paisley Area

Paragraph 6

SCHEDULE 2AMENDMENTS OF DUNBARTONSHIRE EDUCATIONAL TRUST SCHEME 1962

1.  The Dunbartonshire Educational Trust Scheme 1962 shall be amended in accordance with this Schedule.

2.  For the words “County Council”, wherever they appear in the Scheme, substitute “governing body”.

3.  For Part I substitute the following two Parts:—

“PART ICONSTITUTION OF THE GOVERNING BODY

Establishment and incorporation of the governing body

1.—(1) For the purpose of carrying this Scheme into effect there shall be established a Joint Board of Argyll and Bute, East Dunbartonshire, West Dunbartonshire and North Lanarkshire Councils, to be known as “The Governors of the Dunbartonshire Educational Trust”, which as from 1st April 1996 shall be the governing body of the Dunbartonshire Educational Trust as successor to Strathclyde Regional Council in accordance with paragraph 6 of the Educational Endowments (Strathclyde Region) Transfer Scheme 1996.

(2) The Governors of the Dunbartonshire Educational Trust shall be a body corporate and have a common seal, and shall have all rights, powers and privileges of a body corporate.

Composition of the governing body

2.  The governing body shall consist of—

(a)one person to be elected by Argyll and Bute Council being a member of that Council;

(b)three persons to be elected by East Dunbartonshire Council being members of that Council;

(c)three persons to be elected by West Dunbartonshire Council being members of that Council; and

(d)three persons to be elected by North Lanarkshire Council being members of that Council.

Election of governors

2A.  The election of governors under section 2 may be by the relevant Council themselves or may be delegated to a committee of that Council.

Period of office

2B.—(1) Subject to subsection (2) and to sections 2C and 2H, each governor shall hold office for a period of 4 years from the termination of the period of office of his predecessor.

(2) A governor elected to succeed a governor who has died or otherwise vacated office before the end of his term of office shall hold office only during the unexpired portion of the term of office of the governor whom he succeeds.

Resignations etc

2C.—(1) Any governor shall be deemed to have vacated office as governor on ceasing to be a member of the Council which elected him: provided that if on the occasion of an ordinary election of councillors he demits office as a councillor and is re-elected he shall not be deemed to have vacated office as governor on so demitting office.

(2) Any governor who intimates in writing his resignation of office, or who has had his estate sequestrated or has made a trust deed for creditors or who becomes incapacitated to act, or who for the period of one year and without reasonable cause fails to attend any meeting of the governing body, shall be held to have vacated office.

Re-election

2D.  Any governor on the expiry of his period of office shall, subject to the provisions of section 2C, be eligible for further election to the office of governor.

Vacancies

2E.—(1) Every vacancy, whether occasioned by the expiry of a term of office as a governor or by resignation or any other cause, shall be entered in the minute book.

(2) Each vacancy shall be intimated by the clerk of the governing body to the Council entitled to elect a successor. In the case of a vacancy caused by the expiry of the normal term of office, the intimation shall be made not less than one month before the date of the vacancy and in any other case as soon as may be after its occurrence. The intimation shall request the Council concerned to elect a successor within three months of its receipt.

(3) If the Council entitled to elect a governor fails to do so within the said period of three months, it shall be in the power of the governing body to appoint a successor provided that the person appointed shall be a person eligible to be elected by the said Council. Any appointment under this subsection shall be deemed to be an election by the Council entitled to make the election.

Validity of proceedings of the governing body

2F.  The proceedings of the governing body shall not be invalidated by any vacancy among the governors or by any defect in the election of any of the governors, subject always to the provisions of section 3D.

Execution of deeds

2G.  All deeds and other writings, sealed with the common seal and signed by one of the governors, shall be held to be validly executed on behalf of the governing body.

Transitional arrangements

2H.—(1) The terms of office of the governors who are first elected under section 2 shall be deemed to have begun on 1st April 1996 and shall expire—

(a)in the case of governors elected by Argyll and Bute and East Dunbartonshire Councils, on 1st April 1998; and

(b)in the case of governors elected by West Dunbartonshire and North Lanarkshire Councils, on 1st April 2000.

(2) The Councils entitled to elect governors under section 2 shall use their powers of election so as to ensure that the membership of the governing body is complete as soon as practicable after 1st April 1996.

(3) Those Councils shall arrange for the first meeting of the governing body to be held as soon as practicable after 1st April 1996.

PART IAADMINISTRATIVE ARRANGEMENTS

Chairman

3.  The governing body shall appoint a chairman from their own number at an ordinary meeting held at such period of the year as they may determine. They may make such arrangements under section 3E as they think fit for filling his place in the case of his absence.

Committees

3A.—(1) The governing body may appoint such committees of their own number as they think fit, appoint the convener of each committee, confer on each committee all such powers and give all such instructions as may appear expedient and fix the quorum of each committee.

(2) The governing body may appoint as additional members of any committee persons not being members of the governing body whom they deem specially fitted to assist in the work of such committee and any persons so appointed shall hold office for such period as the governing body may determine.

Administrative staff

3B.—(1) The governing body may appoint a clerk or factor or such other officers as they consider necessary, at such reasonable salaries and under such conditions of service as they may determine.

(2) Any officer of the governing body whose duties include intromissions with the funds vested in the governing body shall find such caution for his intromissions as the governing body may require.

(3) A governor acting as clerk, factor or other officer of the Trust shall not be entitled to any remuneration.

Meetings of the governing body

3C.—(1) The governing body shall hold at least two ordinary meetings in each year at such place and time as they may determine.

(2) The chairman may at any time convene a special meeting of the governing body.

(3) Any two governors may for any cause which seems to them sufficient require a special meeting to be convened by giving notice in writing to the clerk of the governing body specifying the business to be transacted.

(4) At least seven days' notice of meetings shall be given and such notice, which shall be in writing, shall specify the date, time and place of the meeting and the business to be transacted.

(5) Notwithstanding the provisions of subsection (4) above, the chairman or any governor duly authorised by the chairman may convene a meeting on less than seven days' notice. No resolution or motion carried at such a meeting shall be valid unless it is voted for by a majority of the governors then in office or it is confirmed by a subsequent meeting convened under the provisions of subsection (4) above.

Quorum of the governing body

3D.—(1) At all meetings of the governing body three shall form a quorum and, subject to the provisions of section 3C(5), all questions shall be determined by a majority of the governors present. In any case where there is an equality of votes, the chairman of any meeting shall have a second or casting vote in addition to a deliberative vote.

(2) If at any time appointed for a meeting or if before the business of any meeting has been completed the number of governors present is less than three, the governors present shall adjourn the meeting to such day or time as they may determine and the provisions of section 3C(4) shall apply.

Rules and standing orders

3E.  Subject to the provisions of this Scheme, the governing body may make such rules and standing orders for the regulation of their proceedings, the keeping of records and such other matters connected with the business of the governing body as they think fit.”.

4.  After section 6, insert the following section:—

“6A.  In respect of the investment of the funds of the Trust and any additional funds received in terms of section 7 the governing body shall have all powers competent to them under the common law of Scotland as a body corporate.”.

5.  In section 8(1), in two places, and in section 8(2)(a), for “sub-account” substitute “account”.

6.  In section 9(2), for “sub-account” substitute “account”.

7.  In section 18, delete “County Council as”.

8.  In section 35—

(a)for the definition of “County” substitute—

““County” means the area of the former County of Dunbarton and the burghs situated in it, as that area existed immediately before 16th May 1975;”;

(b)delete the definition of “County Council”; and

(c)after the definition of “date of this Scheme” insert—

““governing body” means the Governors of the Dunbartonshire Educational Trust constituted by section 1;”.

Paragraph 7

SCHEDULE 3AMENDMENTS OF GOVERNING INSTRUMENTS

Lanarkshire Educational Trust Scheme 1936

1.—(1) The Lanarkshire Educational Trust Scheme 1936(3) shall be amended in accordance with this paragraph.

(2) Subject to the following provisions of this paragraph, for the words “the County Council”, wherever they appear in the Scheme, except in the phrases “the County Council of the County of Lanark” and “the County Council of Peeblesshire”, substitute “North Lanarkshire Council”.

(3) For section 4 substitute—

(1) North Lanarkshire Council shall constitute a committee of the Council called the Educational Trust Committee, which shall be composed of 3 persons nominated by the Council and 3 persons nominated by South Lanarkshire Council.

(2) All business under this Scheme shall stand referred to the Educational Trust Committee, and North Lanarkshire Council before exercising any power conferred upon them by this Scheme and not delegated under sub-paragraph (3) shall, unless the matter is urgent, obtain the advice of the Educational Trust Committee on the matter.

(3) North Lanarkshire Council may delegate to the Educational Trust Committee any or all of their powers under this Scheme.”.

(4) In section 25—

(a)after “themselves” insert “or South Lanarkshire Council”; and

(b)for “they” substitute “either Council”.

(5) In section 27—

(a)after “themselves” insert “or South Lanarkshire Council”; and

(b)for “the County Council” where second occurring substitute “either Council”.

(6) In section 35, for “the said County Council” substitute “The Scottish Borders Council”.

(7) In section 36, for “the County Council of Peeblesshire” substitute “The Scottish Borders Council”.

(8) In section 37—

(a)for “the County Council” where second occurring substitute “North Lanarkshire and South Lanarkshire Councils”; and

(b)for “the County Council of Peeblesshire” substitute “The Scottish Borders Council”.

(9) In section 38, for the definitions of “The County” and “The County Council” substitute—

““The County” means the area of the former County of Lanark including the burghs situated in it but not including the area of the former County of the City of Glasgow, as those areas existed immediately before 16th May 1975;

“North Lanarkshire Council” means that Council acting as governing body of the Lanarkshire Educational Trust:”.

Ayrshire Educational Trust Scheme 1936

2.—(1) The Ayrshire Educational Trust Scheme 1936(4) shall be amended in accordance with this paragraph.

(2) Subject to the following provisions of this paragraph, for the words “the County Council”, wherever they appear in the Scheme, substitute “each Council”.

(3) In section 2(3)—

(a)for paragraph (a) substitute—

“(a)5 persons to be elected by East Ayrshire Council being members of that Council or non-councillor members of its education committee:

(aa)5 persons to be elected by North Ayrshire Council being members of that Council or non-councillor members of its education committee:

(ab)5 persons to be elected by South Ayrshire Council being members of that Council or non-councillor members of its education committee:”; and

(b)delete paragraphs (f) to (j).

(4) For section 5 substitute—

(1) The election of governors by each Council may be by the Council themselves or may be delegated to a committee of the Council.

(2) Each governor elected by a Council shall, subject to section 8 of this Scheme, hold office until the next ordinary election of councillors of that Council.”.

(5) In section 8(1), delete the words from “provided always” to the end.

(6) In section 32(5), for “the County” substitute “any relevant”.

(7) In section 52, for the definitions of “The County” and “The County Council” substitute—

“The County” means the area of the County of Ayr and the burghs situated in it, as that area existed immediately before 16th May 1975;

“Council” means any of East Ayrshire, North Ayrshire or South Ayrshire Councils;

“education committee” means a committee of a Council to which section 124 of the Local Government (Scotland) Act 1973(5) applies.

(8) In the First Schedule, in paragraph 1, in the first column for the words “County Council” substitute “The Councils, each receiving the part of the total sum applicable to schools in their area”.

(9) In the Second Schedule, in the entry relating to the MacCallum Bursary, in column (5) for the words “the Provost, Magistrates and Councillors of the Burgh of Maybole” and “the said Provost, Magistrates and Councillors” (twice) substitute in each case “South Ayrshire Council”.

Renfrewshire Educational Trust Scheme 1961

3.—(1) The Renfrewshire Educational Trust Scheme 1961(6) shall be amended in accordance with this paragraph.

(2) Subject to the following provisions of this paragraph, for the words “the County Council”, wherever they appear in the Scheme, substitute “each Council”.

(3) In section 2, for paragraphs (b) to (e) substitute—

“(b)three persons to be elected by East Renfrewshire Council being members of the Council or non-councillor members of its education committee;

(c)three persons to be elected by Inverclyde Council being members of that Council or non-councillor members of its education committee;

(d)five persons to be elected by Renfrewshire Council being members of that Council or non-councillor members of its education committee;

(e)one person to be elected by the governing body (excluding for this purpose any person previously so elected) from among ministers of religion officiating in the County other than ministers of the Church of Scotland;”.

(4) For section 4 substitute—

(1) The election of governors by each Council may be by the Council themselves or may be delegated to a committee of the Council.

(2) Each governor elected by a Council shall, subject to section 6, hold office until the next ordinary election of councillors of that Council.”.

(5) For section 18(1)(f) substitute—

“(f)they shall pay to Inverclyde Council the sum of £194 to be expended by that Council in such manner as they think most beneficial to the students attending James Watt College, Greenock;

(ff)they shall pay to the three Councils a total of £1,262 to be expended by them on prizes in accordance with section 47, the amount paid to each Council being the total of the sums to be expended annually on prizes for persons attending educational establishments in their area, as those sums are stated in column (4) of the Seventh Schedule;”.

(6) In section 47(1) for the first sentence substitute—

“Each Council shall expend the amount paid to them under section 18(1)(ff) in awarding annually the prizes described in the Seventh Schedule which are for persons attending educational establishments in their area.”.

(7) In section 47(6), for the words “in the County” substitute “in their area”.

(8) In section 49(1)—

(a)for the definitions of “County” and “County Council” substitute—

““County” means the area of the former County of Renfrew and the burghs situated in it, but does not include any part of the area of the former County of the City of Glasgow, as those areas existed immediately before 16th May 1975;

“Council” means any of East Renfrewshire, Inverclyde or Renfrewshire Councils.”.

(b)after the definition of “date of the Scheme” insert the following definition:—

““education committee” means a committee of a Council to which section 124 of the Local Government (Scotland) Act 1973 applies;”.

(9) In the Third Schedule—

(a)in the entry in column (2) for payment 7, for “the County Council” substitute “Renfrewshire Council”;

(b)for the entry in column (2) for payment 8 there shall be substituted—

“The governing body shall each year pay to East Renfrewshire Council the sum of £7.00, Inverclyde Council the sum of £7.00 and Renfrewshire Council the sum of £13.50, to be expended by each Council in awarding grants to pupils who are attending schools in their area and who require financial assistance to enable them to attend a school camp.”; and

(c)in the entry in column (2) for payment 9, for “the County Council” substitute “the Council for the relevant area”.

Bute Educational Trust Scheme, 1961

4.—(1) The Bute Educational Trust Scheme, 1961(7) shall be amended in accordance with this paragraph.

(2) For the words “County Council”, wherever they appear in the Scheme, substitute “Council”.

(3) For section 2 substitute—

The business of the endowment may be conducted by the Council themselves or may be delegated to a committee of the Council.”.

(4) In section 17, for the definition of “County Council” substitute—

““Council” means Argyll and Bute Council acting as governing body of the Bute Educational Trust.”.

County of Argyll Educational Trust Scheme, 1960

5.—(1) The County of Argyll Educational Trust Scheme, 1960(8) shall be amended in accordance with this paragraph.

(2) For the words “County Council”, wherever they appear in the Scheme, substitute “Council”.

(3) For section 4(1) and (2) substitute the following subsection:—

The business of the Education Trust may be conducted by the Council themselves or may be delegated to a committee of the Council.”.

(4) In section 44(1), for the definitions of “County” and “County Council” substitute—

““County” means the area of the former County of Argyll and the burghs situated in it, as that area existed immediately before 16th May 1975;

“Council” means Argyll and Bute Council acting as governing body of the County of Argyll Educational Trust;”.

Spier’s Trust Scheme 1978

6.—(1) Spier’s Trust Scheme 1978(9) shall be amended in accordance with this paragraph.

(2) In paragraph 2(1), for the definition of “Council” substitute—

““Council” means North Ayrshire Council acting as the governing body of Spier’s Trust, and”.

(3) In paragraph 16, for “the Region of Strathclyde” substitute “any local government area lying wholly or partly within the area of benefit”.

Scheme for the Administration of the Strathclyde Schools Orchestra Trust

7.—(1) The Scheme for the Administration of the Strathclyde Schools Orchestra Trust(10) shall be amended in accordance with this paragraph.

(2) For the words “the Regional Council”, wherever they appear in the Scheme, substitute “the Council”.

(3) For the definition of “The Regional Council” substitute—

““The Council” means City of Glasgow Council acting as Trustees of the Strathclyde Schools Orchestra Trust.”.

(4) For the definition of “The Strathclyde Schools Orchestra” substitute—

““The Strathclyde Schools Orchestra” shall mean the Orchestra, established by the former Strathclyde Regional Council under that name and now administered by the Council, which derives its members by annual competition amongst those pupils attending schools within the area of the former Strathclyde Region (whether under the management of an education authority or otherwise) who excel in instrumental music: provided that it shall be competent for the Council to change the name of the Orchestra, with consent of the other education authorities for the said area, without prejudice to the application to it of this Scheme.”.

The Colonel Maclean Trust Scheme 1980

8.—(1) The Colonel Maclean Trust Scheme 1980(11) shall be amended in accordance with this paragraph.

(2) For the words “Regional Council”, wherever they appear in the Scheme, substitute “Council”.

(3) In paragraph 2(1)—

(a)for the definition of “Regional Council” substitute—

““Council” means City of Glasgow Council acting as governing body of the Colonel Maclean Trust;”; and

(b)for the definition of “area of benefit” substitute—

““area of benefit” means the area of the former Strathclyde Region as it existed immediately before 1st April 1996.”.

(4) For paragraph 4 substitute—

“4.  The business of the trust may be conducted by the Council or any or all of that business may be delegated to a committee or sub-committee of the Council.”.

Logan and Johnston School Scheme 1988

9.—(1) The Logan and Johnston School Scheme 1988(12) shall be amended in accordance with this paragraph.

(2) In paragraph 2(1)—

(a)for “Strathclyde Regional Council” substitute “City of Glasgow Council”; and

(b)for “Strathclyde Region” substitute “the area of the former Strathclyde Region as it existed immediately before 1st April 1996”.

(3) For paragraph 3 substitute—

“3.  For the purpose of carrying the provisions of this scheme into effect the Council shall be the governing body of the Endowment.”.

(4) In paragraph 11(2)—

(a)for “Region of Strathclyde” substitute “City of Glasgow”; and

(b)delete the words “Glasgow Division, Strathclyde Regional Council”.

The Glasgow Educational and Marshall Trust Scheme 1936 to 1991

10.—(1) The Glasgow Educational and Marshall Trust Scheme 1936 to 1991(13) shall be amended in accordance with this paragraph.

(2) In section 3(2)—

(a)for paragraph (i) substitute—

“(i)Six persons to be elected by City of Glasgow Council, who may be members of that Council or non-councillor members of its education committee or officers of that Council.”.

(b)delete paragraph (ii).

(3) In section 5(1), at the end delete the full stop and add—

“: provided that the election of governors by City of Glasgow Council may be by the Council themselves or may be delegated to a committee of the Council.”.

(4) For section 6(1), substitute—

“(1) Subject to the provisions of subsection (3) below and section 7 of this Scheme—

(a)the governors elected by City of Glasgow Council shall hold office until the next ordinary election of councillors of that Council; and

(b)the remaining governors shall hold office for periods of five years from and after the termination of the periods of office of their predecessors.”.

(5) In section 6(2), delete paragraphs (a) and (b).

(6) In section 7(1), delete the words from “provided always” to the end.

(7) In section 37, delete the words “Regional Council”.

(8) In section 49(1)—

(a)delete the definition of “The Regional Council”; and

(b)after the definition of “the date on which this Scheme comes into effect” insert—

““education committee” means a committee to which section 124 of the Local Government (Scotland) Act 1973 applies;”.

Explanatory Note

(This note is not part of the Order)
This Order makes a Scheme for the transfer of interests in educational endowments from Strathclyde Regional Council and the district councils within Strathclyde Region to the new unitary 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, with Schedule 1, provides for the transfer of specific educational endowments, and powers with respect to such endowments, from Strathclyde Regional Council to appropriate new councils.
Paragraph 4 makes general provision for transfer of any interests in educational endowments, vested in Strathclyde Regional Council or its office-holders or nominees, which may not have been caught by the specific provisions of paragraph 3. The general provision is, however, subject also to paragraph 6 and to any specific amendments of governing instruments by Schedules 2 and 3. 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 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 Schedules 2 and 3.
Paragraph 6 with Schedule 2 provides for transfer of Strathclyde Regional Council’s interests in the Dunbartonshire Educational Trust. In place of Strathclyde Regional Council a new governing body is constituted, which is a Joint Board of Argyll and Bute, East Dunbartonshire, West Dunbartonshire and North Lanarkshire Councils. The endowments comprised in the Dunbartonshire Educational Trust and relevant powers and rights are transferred to the new governing body. The endowment of the McAulay Bequest and relevant powers are also transferred to the new governing body.
Paragraph 7 with Schedule 3 provides for amendments of governing instruments of educational endowments consequential on local government reorganisation and on the provisions of the Scheme.
Paragraph 8 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 to whom they are transferred under the 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.


(1)
1994 c. 39.

(2)
1973 c. 65; section 2 is repealed by the Local Government etc. (Scotland) Act 1994 (c. 39), section 180(2) and Schedule 14.

(3)
Approved by Order in Council dated 2 February 1937, amended by S.I. 1967/1281.

(4)
Approved by Order in Council dated 22nd October 1937.

(5)
1973 c. 65; section 124 was substituted by the Local Government etc. (Scotland) Act 1994 (c. 39), section 31.

(6)
Approved by Order in Council dated 26th May 1961, amended by S.I. 1965/1135 and 1974/1666.

(7)
Approved by Order in Council dated 26th May 1961, amended by the Bute Educational Trust (Amendment) Scheme 1969.

(8)
Approved by the Court of Session by interlocutor dated 26th January 1962.

(9)
S.I. 1978/645.

(10)
Dated 1st March 1979 and registered in the Books of Council and Session on 14th May 1979.

(11)
S.I. 1981/40.

(12)
Made by Strathclyde Regional Council on 6th April 1988.

(13)
Approved by the Court of Session by Interlocutor dated 28th June 1991.
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