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The Educational Endowments (Lothian Region) Transfer Scheme Order 1996

S.I. 1996/630 · Made 3 March 1996

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

LOCAL GOVERNMENT, SCOTLAND

EDUCATION, SCOTLAND

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 1994f1 and of all other powers enabling him in that behalf, hereby makes the following Order:

Annotations to the whole text

Footnotes

f1

1994 c. 39.

Contents

  1. 1Citation and commencement
  2. 2Making of Scheme
  3. Signature
  4. Schedule: THE EDUCATIONAL ENDOWMENTS (LOTHIAN REGION) TRANSFER SCHEME 1996
  5. 1Citation
  6. 2Interpretation
  7. 3Transfer of specific interests in educational endowments from Lothian Regional Council to City of Edinburgh Council
  8. 4Transfer of specific interests in educational endowments from Lothian Regional Council to East Lothian Council
  9. 5Transfer of specific interests in educational endowments from Lothian Regional Council to Midlothian Council
  10. 6Transfer of specific interests in educational endowments from Lothian Regional Council to West Lothian Council
  11. 7Disaggregation of the Midlothian Educational Trust
  12. 8Transfer of interests in any educational endowments not specifically provided for from Lothian Regional Council to new authorities
  13. 9Transfer of interests in educational endowments from district councils to new authorities
  14. 10Consequential provision for interpretation of governing instruments
  15. Schedule 1: EDUCATIONAL ENDOWMENTS AND POWERS TRANSFERRED TO CITY OF EDINBURGH COUNCIL
  16. Ieducational endowments transferred
  17. IIeducational endowments in respect of which powers are transferred
  18. Schedule 2: DISAGGREGATION OF THE MIDLOTHIAN EDUCATIONAL TRUST
  19. Part I: transfer of endowments
  20. AEndowments transferred to Midlothian Council
  21. BEndowment transferred to City of Edinburgh Council
  22. CEndowments transferred to East Lothian Council
  23. DEndowment transferred to West Lothian Council
  24. EEndowments transferred to The Scottish Borders Council
  25. Part II: governance of endowments
  26. 1Paragraph 1
  27. 2Paragraph 2
  28. 3Paragraph 3
  29. 4Paragraph 4
  30. 5Paragraph 5
  31. Explanatory note

1Citation and commencement

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

2Making of Scheme

The Scheme set out in the Schedule to this Order shall have effect.

Signature

Raymond S Robertson

Parliamentary Under Secretary of State, Scottish Office

St Andrew’s House,

Edinburgh

31st March 1996

1Citation

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

2Interpretation

(1)

In this Scheme—

(a)

references to Lothian Regional Council and to City of Edinburgh, East Lothian, Midlothian and West Lothian District Councils are to those councils as constituted under section 2 of the Local Government (Scotland) Act 1973f1; and

(b)

references to City of Edinburgh, East Lothian, Midlothian and West Lothian Councils and to The Scottish Borders Council are to those Councils as constituted under section 2 of the Local Government etc. (Scotland) Act 1994.

(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.

3Transfer of specific interests in educational endowments from Lothian Regional Council to City of Edinburgh Council

(1)

On 1st April 1996 the following educational endowments to the extent that they are vested in Lothian Regional Council immediately before that date shall be transferred to and vest to the same extent in City of Edinburgh Council:—

(a)

the endowments listed in Part I of Schedule 1;

(b)

the endowments comprised in the City of Edinburgh Educational Trustf1; and

(c)

the endowments comprised in the G Boyd Anderson Trust.

(2)

On 1st April 1996 the following powers vested in Lothian Regional Council immediately before that date shall be transferred to and vest in City of Edinburgh Council:—

(a)

all powers with respect to educational endowments listed in Part I of Schedule 1;

(b)

all powers with respect to educational endowments listed in Part II of Schedule 1;

(c)

all powers with respect to the City of Edinburgh Educational Trust;

(d)

all powers with respect to the G Boyd Anderson Trust; and

(e)

all powers with respect to the David Westwood Bequest.

(3)

On 1st April 1996 the right to be paid money in respect of the David Westwood Bequest, vested in Lothian Regional Council immediately before that date, shall be transferred to and vest in City of Edinburgh Council.

4Transfer of specific interests in educational endowments from Lothian Regional Council to East Lothian Council

On 1st April 1996 the following powers vested in Lothian Regional Council immediately before that date shall be transferred to and vest in East Lothian Council:—

(a)

all powers with respect to the East Lothian Educational Trustf1; and

(b)

all powers with respect to the Lamp of Lothian Collegiate Centre Trust.

5Transfer of specific interests in educational endowments from Lothian Regional Council to Midlothian Council

(1)

On 1st April 1996 the endowment of the Mrs A Pringle Prize to the extent that it is vested in Lothian Regional Council immediately before that date shall be transferred to and vest to the same extent in Midlothian Council.

(2)

On 1st April 1996 all powers with respect to the Mrs A Pringle Prize vested in Lothian Regional Council immediately before that date shall be transferred to and vest in Midlothian Council.

6Transfer of specific interests in educational endowments from Lothian Regional Council to West Lothian Council

(1)

On 1st April 1996 the endowment of The Irene Elizabeth Miller Trust Fund to the extent that it is vested in Lothian Regional Council immediately before that date shall be transferred to and vest to the same extent in West Lothian Council.

(2)

On 1st April 1996 the following powers vested in Lothian Regional Council immediately before that date shall be transferred to and vest in West Lothian Council:—

(a)

all powers with respect to the West Lothian Educational Trustf1; and

(b)

all powers with respect to The Irene Elizabeth Miller Trust Fund.

7Disaggregation of the Midlothian Educational Trust

(1)

On 1st April 1996 the endowments of the Midlothian Educational Trustf1 vested in Lothian Regional Council immediately before that date shall be transferred to new authorities in accordance with Part I of Schedule 2.

(2)

Part II of Schedule 2 shall have effect in respect of the endowments so transferred.

8Transfer of interests in any educational endowments not specifically provided for from Lothian Regional Council to new authorities

(1)

Where immediately before 1st April 1996 there were vested in Lothian 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 paragraphs 3 to 7, 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 authority.

(2)

Where immediately before 1st April 1996 there were vested by virtue of his office in the holder of an office connected with Lothian Regional Council, or in a person nominated by that Council—

(a)

to any extent, any educational endowments;

(b)

any powers with respect to education endowments,

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 authority nominated by that authority for the purpose;

(ii)

in the case where they were vested by virtue of his office in an officer of Lothian Regional Council, the proper officer of the appropriate new authority;

(iii)

in the case where they were vested in a person nominated by Lothian Regional Council, a person nominated by the appropriate new authority.

(3)

In this paragraph, “the appropriate new authority” means—

(a)

subject to head (c) below, the new authority 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 establishment, the new authority 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 heads (a) and (b) above do not apply, or where application of them indicates more than one new authority, the new authority for the area with which the endowment is most closely connected.

9Transfer of interests in educational endowments from district councils to new authorities

(1)

Where immediately before 1st April 1996 there were vested in City of Edinburgh, East Lothian, Midlothian or West Lothian 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,

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 authority.

(2)

Where immediately before 1st April 1996 there were vested by virtue of his office in the holder of an office connected with City of Edinburgh, East Lothian, Midlothian or West Lothian 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,

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 authority 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 authority;

(iii)

in the case where they were vested in a person nominated by the relevant district council, a person nominated by the successor authority.

(3)

In this paragraph, “the successor authority” means—

(a)

in relation to City of Edinburgh District Council, City of Edinburgh Council;

(b)

in relation to East Lothian District Council, East Lothian Council;

(c)

in relation to Midlothian District Council, Midlothian Council; and

(d)

in relation to West Lothian District Council, West Lothian Council.

10Consequential provision for interpretation of governing instruments

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 the 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.

Ieducational endowments transferred

Name of EndowmentPurposeLocation
James ClarkPrizeBoroughmuir/James Gillespie’s HS
Ellen Smeaton CowePrizeColinton, Stenhouse, Royston, Craiglockhart PS
Monsignor ForsythPrizeSt Cuthbert’s PS
FultonPrizeTowerbank PS
Miss GrahamPrizeTowerbank PS
Grassmarket Child GardenSupportGrassmarket
Dr W A GuthriePrizeBroughton HS
Hope Cottage Child GardenSupportEast Crosscauseway
Hossack Memorial ShieldPrizeTynecastle HS
Tom Hunter VCPrizeTynecastle HS
J A HutchisonPrizeWardie PS
Margaret McCallumPrizeForrester HS
Peter McDougallPrizeTynecastle HS
Sir Richard MackiePrizeLeith Academy/Trinity Academy
Miss MacmillanPrizeLeith Walk PS
George OgilviePrizeBroughton HS
James OgilviePrizeLeith Academy
Elizabeth PhilipsPrizeCorstorphine PS
Christina C PhilpPrizeCorstorphine PS
Norma PrenticePrizeBroughton HS
Christian M ReidPrizeBroughton HS
Schools Benevolent FundSupportCity of Edinburgh
Isabella SmailPrizeRoseburn PS
Sir Alexander StevensonPrizeRoyal HS
George W TaitPrizeLeith Academy
John W TaitScholarshipLeith Academy
Tynecastle Child GardenSupportTynecastle
George WattPrizeTowerbank PS
Helen WilsonPrizeLeith PS
Alexander WoodPrizeCorstorphine PS
Hugh RussellPrizeSouth Queensferry Schools
Principal HopkirkPrizeBroughton/Portobello HS
J Evans GordonPrizeQueensferry HS
Dr John MackiePrizeLeith Academy
Eileen B KerrPrizeDavidson’s Mains PS
W B CrawfordPrizeGranton PS
Jean B MarniePrizeLeith PS
Thomas M DuncanBursaryTrinity Academy
Jane McDermontBursaryJames Gillespie’s HS
ProctorBursaryFlora Stevenson’s PS
Andrew YoungBursaryRoyal Mile PS
Dr K GrigorPrizeDavidson’s Mains PS
G C WhiteBursaryTynecastle HS
William Anderson TrustPrizeGilmerton PS
Leith Academy PABursaryLeith Academy
W Currie TaylorBursaryLeith Academy
Royal High School Endowment TrustVariousRoyal HS
Gracie AllanPrizeBoroughmuir HS
Dr BainPrizeBlackhall PS
Jane BrownPrizeGranton PS
BurnettPrizeJames Gillespie’s HS
Dr CranPrizeSt Augustine’s HS
Cunniston MemorialPrizeBoroughmuir HS
DonaldsonPrizeJames Gillespie’s HS
DuncanPrizeTrinity Academy
A K FlemingPrizeBrunstane PS
John FluckerPrizeSt Augustine’s HS
JenkinsPrizeJames Gillespie’s HS
Bruce LairdPrizeLeith Academy
John MunroPrizeCraigmillar PS
Duncan McGregorPrizeLeith Academy
John McKayPrizeBrunstane PS
Donald McLeanPrizeBoroughmuir HS
D G McLennan’s TrustEquipmentCowgate Nursery School
Hector McIvorPrizeRoyal HS
R B SmithPrizeTrinity Academy
TaitPrizeTrinity Academy
Margaret UrePupil to UniversityLeith Academy
War MemorialPrizeTrinity Academy
E Gladstone WalkerPrizeAbbeyhill PS
Thomas WilsonPrizeTrinity Academy
WishartPrizeJames Gillespie’s HS

IIeducational endowments in respect of which powers are transferred

  • Charles Smith Trust

  • Dean Orphanage and Cauvin’s Trust

  • Donaldson Trust

  • Edinburgh College of Art

  • Edinburgh University Court

  • Fettes Trust

  • George Heriot’s Trust

  • Heriot-Watt University Convocation

  • Heriot Watt University Court

  • Leith Industrial School Trust

  • Lothian Homes Trust

  • “Mars” Training Ship Fund

  • Merchant Company Education Board

  • Moray House Institute of Education

  • Trefoil Holiday and Adventure Centre

  • John Watson’s Trust

AEndowments transferred to Midlothian Council

Gibsone Bequest

  • James L Gray Bursary

  • James Harper Bursary Fund

  • Herkes' Bequest

  • Kinnaird Fund and Vogrie or McLurg Mortification

  • Marshall Memorial Medal Fund

  • Stephenson’s Bequest

  • James A Tod Fund

  • Toxside School Annuity Fund

  • Rev Dr Wright’s Endowment

  • Young Bursary Fund

  • Cathie Armstrong Memorial Prizes Fund

  • Stuart Burns Botany Prize Fund

  • Any funds not specifically transferred to other new authorities.

BEndowment transferred to City of Edinburgh Council

Balerno and Currie Coronation Fund 1937.

CEndowments transferred to East Lothian Council

Davidson’s Bequest etc

  • Delta Medal Fund

  • J C Murdoch’s Bequest Fund.

DEndowment transferred to West Lothian Council

Moodie’s Mortification.

EEndowments transferred to The Scottish Borders Council

Johnstone Bequest

  • Wright Prize Fund.

  • For the purpose of this Part, the amount of each endowment transferred shall be such share of the total endowment of the Midlothian Educational Trust as may be agreed to be appropriate by the five transferee Councils (or failing agreement as may be determined by arbitration) having regard (as far as information is available) to the original value of each endowment, any subsequent events affecting the endowments, the amounts of any preferences or prizes to be provided out of each endowment, and any other relevant considerations.

1

The endowments transferred to each new authority in accordance with paragraph 7(1) of this Scheme and Part I of this Schedule shall together constitute the endowment of a trust to be held, administered and applied by that new authority as governing body in accordance with the provisions of the Midlothian Educational Trust Scheme 1991f1 (in this Part of this Schedule called “the 1991 Scheme”) which shall remain in force only for the purpose of application to those trusts, and shall apply in accordance with the provisions of this Part of this Schedule.

2

In relation to the trusts constituted under paragraph 1 above, the 1991 Scheme shall apply as if—

(a)

any reference to “the Council” were a reference to the new authority holding the particular trust;

(b)

any reference to “the Trust” were a reference to the particular trust;

(c)

any reference to “the District” were a reference—

(i)

in the case of the trust held by Midlothian Council, to the local government area of Midlothian;

(ii)

in the case of the trust held by any other new authority, to the part of the area of the former County of Midlothian (as it existed immediately before 16th May 1975) falling within the local government area of that new authority; and

(d)

any other minor modifications were made which are necessary to enable the 1991 Scheme to apply to the particular trust.

3

Section 8(1) (annual payments into Trust) of the 1991 Schemef1 shall have effect as if the reference to “the Council” were a reference to Midlothian Council.

4

In the application of sections 20 (preferences for certain beneficiaries) and 21 (variation of preferences etc) of the 1991 Scheme, each new authority holding a trust shall apply those sections only in respect of those entries in the Second Schedule to that Scheme which relate to endowments comprised in the trust held by them.

5

In the application of section 25 (prizes) of the 1991 Scheme, each new authority shall apply that section only in respect of those entries in the Third Schedule to that Scheme which relate to schools in their area.

Explanatory note

(This note is not part of the Order)

This Order makes a Scheme for the transfer of interests in educational endowments from Lothian Regional Council and the district councils within Lothian Region, namely City of Edinburgh, East Lothian, Midlothian and West Lothian District Councils to the new unitary City of Edinburgh, East Lothian, Midlothian and West Lothian Councils established under the Local Government etc. (Scotland) Act 1994 (and in the case of two small endowments to the new unitary The Scottish Borders Council).

The transfer takes effect on 1st April 1996, the day when the new unitary Councils take up their functions and the existing regional and district councils cease to exist.

Educational endowments are defined in section 122 of the Education (Scotland) Act 1980. Essentially they are property, heritable or moveable, dedicated to charitable educational purposes. Regional councils as education authorities are most likely to have an interest in them but district councils may also have such an interest.

Paragraphs 3, 4, 5 and 6 of the Scheme, with Schedule 1, provide for the transfer of specific educational endowments and powers with respect to such endowments, and where appropriate rights to payment of money out of endowments, from Lothian Regional Council to City of Edinburgh, East Lothian, Midlothian and West Lothian Council respectively.

Paragraph 7 of the Scheme with Schedule 2 provides for disaggregation of the Midlothian Educational Trust. Its endowments are distributed to Midlothian, City of Edinburgh, East Lothian, West Lothian and The Scottish Borders Councils.

Paragraph 8 makes general provision for transfer of any interests in educational endowments, vested in Lothian Region or its office-holders or nominees, which may not have been caught by the specific provisions of paragraphs 3 to 7. Paragraph 8 transfers interests to the council (or their office-holders or nominees) for the area where the educational establishment to which the endowment relates is situated, or where it does not relate to a particular establishment to 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 9 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.

Paragraph 10 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.