WATERFORD AND BISHOP FOY ENDOWED SCHOOLS (AMENDMENT) ACT, 1930

AN ACT TO EXTEND THE POWERS CONFERRED BY THE WATERFORD AND BISHOP FOY ENDOWED SCHOOLS ACT, 1902, UPON THE GOVERNORS OF THE SAID SCHOOLS AND TO ENABLE THE COMMISSIONERS OF CHARITABLE DONATIONS AND BEQUESTS FOR IRELAND TO ALTER FROM TIME TO TIME THE PROVISIONS OF THE SAID ACT UPON THE APPLICATION OF THE GOVERNORS OF THE SAID SCHOOLS. [17th June, 1930.]

WHEREAS by the Waterford and Bishop Foy Endowed Schools Act, 1902 there were established in the City of Waterford and neighbourhood thereof certain Primary and Secondary Schools for providing education for boys and girls, and a body (therein and hereinafter called “the Governors”) for the governing and management of the said Schools was constituted in manner therein set forth, and by the said Act the several Endowments mentioned in the First and Second Schedules thereto and all other property and effects being the said Endowments and all rights powers and remedies respecting the same were vested in the Governors upon the trusts and for the purposes in the said Act mentioned, and certain powers were conferred and duties imposed upon the Governors and certain provisions were made for the application of the said Endowments and for the general regulation and management of the said Schools;

AND WHEREAS by reason of the changes from time to time in the conditions under which the said Schools are being carried on and of the introduction of new and improved principles and methods of education it is expedient that the powers conferred upon the Governors by the said Act should be extended and that for the purpose of furthering the objects purposes and administration of the trusts reposed in the Governors under the said Act alterations should from time to time be made in the provisions of the said Act in respect of the said trusts;

AND WHEREAS it is expedient that the expense of an application to the Oireachtas upon the occasion of every such alteration as aforesaid should be avoided;

AND WHEREAS for the purpose of providing a means for effecting such alterations without such expense as aforesaid it is expedient that the Commissioners of Charitable Donations and Bequests for Ireland should be empowered to alter from time to time the provisions of the said Act;

AND WHEREAS the aforesaid objects cannot be attained without the authority of the Oireachtas;

AND WHEREAS by section 38 of the said Act it is enacted that where in the judgment of the Governors it is expedient for the Governors to apply to Parliament for the repeal amendment or extension of the said Act or any other Act for the time being relating to or effecting the Governors or for any alteration or extension of their powers or in respect of any matter for furthering the objects purposes or administration of the trusts reposed in them under the said Act the Governors may pay the costs and expenses attending such application out of the endowments or other the funds for the time being in their hands for the purposes of such trusts as part of the outgoings thereof and that no such application as aforesaid shall be made except in pursuance of a resolution duly passed at a meeting of the Governors specially called for the purpose of considering such resolution;

AND WHEREAS a resolution authorising the application for this Act was duly passed at a meeting of the Governors specially called for that purpose on the 13th day of April, 1928.

BE IT THEREFORE ENACTED BY THE OIREACHTAS OF SAORSTAT EIREANN AS FOLLOWS:—

1 Interpretation.

1.—In this Act the expression “the Principal Act” shall mean the Waterford and Bishop Foy Endowed Schools Act, 1902.

The expression “the Governors” shall have the same meaning as in the Principal Act.

The expression “the Commissioners” shall mean the Commissioners of Charitable Donations and Bequests for Ireland.

2 Power to apply to the Commissioners.

2.—In addition to the powers conferred upon them by the Principal Act the Governors may from time to time apply to the Commissioners to alter or vary the provisions of the Principal Act.

3 Power to the Commissioners to alter the Principal Act.

3.—Upon such application as aforesaid the Commissioners may by a Minute under their Seal alter or vary any one or more of the Provisions of the Principal Act, or of the Principal Act as amended by any alteration or variation made or to be made under this Act provided that:

• (i) no alteration or variation to be made by the Commissioners shall authorise or purport to authorise the application of any fund or funds for the time being vested in or under the control of the Governors to any object other than the establishment, promotion or maintenance of a school or schools in or near the City of Waterford,

• (ii) no such alteration or variation shall affect or change or purport to affect or change the denominational character of any school or schools for the time being under the control or management of the Governors.

4 Application to the Commissioners.

4.—Every such application shall be in writing and under the Seal of the Governors and shall specify the alteration or variation sought for, and no such application shall be made except in pursuance of a resolution duly passed at a Meeting of the Governors specially called for the purpose of considering such resolution.

5 Costs of Act.

5.—All costs charges and expenses of and incident to the preparation obtaining and passing of this Act or otherwise incurred by the Governors in relation thereto shall be paid by the Governors out of the Endowments mentioned in the Principal Act or the income thereof or out of any of their funds.

6 Short title.

6.—This Act may be cited as the Waterford and Bishop Foy Endowed Schools (Amendment) Act, 1930.