# The Educational Endowments (Lothian Region) Transfer Scheme Order 1996, Note: 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.

---
Source: https://www.legislation.gov.uk/uksi/1996/630/note (the official version)
Page: https://openlegislation.uk/educational-endowments-lothian-region-transfer-scheme-order-1996/note
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.