The Educational Endowments (Strathclyde Region) Transfer Scheme Order 1996

Type Statutory-Instrument
Publication 1996-03-03
State In force
Department Queen's Printer of Acts of Parliament
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articles Not indexed
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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[^f00001] 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.

SCHEDULE — THE 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

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
Argyll and Bute City of Glasgow
East Ayrshire Inverclyde
North Ayrshire North Lanarkshire
South Ayrshire South Lanarkshire
East Dunbartonshire East Renfrewshire
West Dunbartonshire Renfrewshire

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

3

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

4

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.

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—

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

5

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.

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—

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;

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

6

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.

SCHEDULE 1

PART I — educational 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 II — educational 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 III — educational 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 IV — educational 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 V — educational 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 VI — educational 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 VII — educational 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 VIII — educational 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 IX — educational 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 X — educational 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 XI — educational 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 XII — educational 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

SCHEDULE 2 — AMENDMENTS 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:—

(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. (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. (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. (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. (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. (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. (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. (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. (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. (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. (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. (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. (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. (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. (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. (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—

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

SCHEDULE 3 — AMENDMENTS OF GOVERNING INSTRUMENTS

Lanarkshire Educational Trust Scheme 1936

1

(4) (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.

  • “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

(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

(5) (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.

Renfrewshire Educational Trust Scheme 1961

3

(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) (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.

(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;

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

Bute Educational Trust Scheme, 1961

4

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

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

  • “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

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

Scheme for the Administration of the Strathclyde Schools Orchestra Trust

7

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

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

; and

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

(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

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

The Glasgow Educational and Marshall Trust Scheme 1936 to 1991

10

(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.

  • : 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.

(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.

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

Signed

Raymond S Robertson — Parliamentary Under Secretary of State, Scottish Office — 3rd March 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 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.

Footnotes

[^f00001]: 1994 c. 39.

[^f00002]: 1973 c. 65; section 2 is repealed by the Local Government etc. (Scotland) Act 1994 (c. 39), section 180(2) and Schedule 14.

[^f00003]: Approved by Order in Council dated 2 February 1937, amended by S.I. 1967/1281.

[^f00004]: Approved by Order in Council dated 22nd October 1937.

[^f00005]: 1973 c. 65; section 124 was substituted by the Local Government etc. (Scotland) Act 1994 (c. 39), section 31.

[^f00006]: Approved by Order in Council dated 26th May 1961, amended by S.I. 1965/1135 and 1974/1666.

[^f00007]: Approved by Order in Council dated 26th May 1961, amended by the Bute Educational Trust (Amendment) Scheme 1969.

[^f00008]: Approved by the Court of Session by interlocutor dated 26th January 1962.

[^f00009]: S.I. 1978/645.

[^f00010]: Dated 1st March 1979 and registered in the Books of Council and Session on 14th May 1979.

[^f00011]: S.I. 1981/40.

[^f00012]: Made by Strathclyde Regional Council on 6th April 1988.

[^f00013]: Approved by the Court of Session by Interlocutor dated 28th June 1991.

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