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(Scotland).

such Order in Council, in the same manner as if it had A.D. 1928. been enacted in this Act; and thereupon every Act of Parliament, letters patent, statute, deed, instrument, trust, or direction relating to the subject-matter of the 5 scheme, so far as inconsistent with the provisions thereof, shall be repealed and abrogated.

endow

28. In the case of endowments belonging to any Schemes grant-aided school or to any public school under the for small Education (Scotland) Acts, 1872 to 1925, of less annual ments. 10 value than fifty pounds, the procedure herein before prescribed shall not apply, if the governing body of such endowment or the education authority within whose area the school is situated, as the case may be, frame and submit to the Department a scheme respecting such 15 endowment. The Department may approve such scheme with or without any modifications as they think fit. In framing and approving such scheme the same powers may be exercised, and subject to the same conditions, as nearly as may be, as in the case of any scheme under this 20 Act; and such scheme, when approved by the Department, shall have effect as if it were a scheme approved by Order in Council under this Act.

29. Schemes may be from time to time framed and Amendment approved for amending any scheme approved under this of schemes. 25 Act, and all the provisions of this Act relative to an

original scheme shall, with any necessary modifications, apply also to an amending scheme.

30. The Order in Council approving a scheme shall Evidence of be conclusive evidence that such scheme was within the scheme. 30 scope of and made in conformity with this Act, and the validity of such scheme and order shall not be questioned in any legal proceedings whatever.

sioner.

31. Where any assistant commissioner holds a local Inquiry by public inquiry under this Act, he shall for that purpose assistant 35 hold a sitting or sittings in some convenient place in the commisneighbourhood of the place where the endowment or endowments to which the scheme relates is situate or administered, and shall thereat take and receive any evidence, oral or documentary, offered, or which may have 40 been called for or produced under the powers contained

(Scotland).

A.D. 1928. in the immediately succeeding section, and shall hear and inquire into any objections respecting the scheme or the endowment or endowments, with power from time to time to adjourn any sitting.

Power to cite witnesses, &c.

Report of assistant commissioner.

Cost of publishing scheme, &c.

Notice shall be published in such manner as the 5 Commissioners direct of every such sitting (except an adjourned sitting) fourteen days at least before the holding thereof.

32. In the execution of this Act the Commissioners shall have the same powers as a judge of the Court of 10 Session with regard to the citation and examination of witnesses and the recovery and inspection of documents, and it shall not be necessary that any warrant or citation or order shall be signed by more than one Commissioner, and if any warrant or order of the Commissioners in 15 exercise of the said powers is not obeyed, a judge of the Court of Session may on summary application by the Commissioners grant a second warrant of citation and diligence in ordinary form, or make such other order as may be necessary.

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This section shall authorise the citation and examination of witnesses and the recovery and inspection of documents before an assistant commissioner; and any assistant commissioner may administer an oath or affirmation, as the case may be, to any witness or haver. 25

33. The assistant commissioner who holds an inquiry shall make a report in writing to the Commissioners, setting forth the result of the inquiry, and, when the inquiry relates to a draft scheme, stating whether in his opinion the draft scheme referred to him should be 30 approved with or without alteration, and if with any, then with what alteration, and his reasons for the same, and the objections, if any, made on the inquiry and his opinion thereon.

34. The cost of publishing and circulating any 35 draft scheme, or scheme or any abstract thereof, under this Act, shall be paid out of the funds of the endowment or endowments to which the same relates: Provided that if the Department or the Commissioners cause any draft scheme or scheme or abstract thereof to be published 40

(Scotland).

in the Edinburgh Gazette no fees shall be exigible in A.D. 1928. respect of such publication.

35.-(1) Notices and documents required to be Service of served or sent for the purposes of this Act may be served notices. 5 or sent by post, and shall be deemed to have been served and received at the time when the letter containing the same would be delivered in the ordinary course of the post; and in proving such service or sending it shall be sufficient to prove that the letter containing the notices 10 or documents was properly addressed and put into the post office.

(2) Notices and documents required to be served on or sent to a governing body for the purposes of this Act may be served or sent by being left at the office, if any, 15 of such governing body, or by being served on or sent to the chairman, secretary, clerk, or other officer of such body, or if there is no office, chairman, secretary, clerk, or officer, or none known to the Commissioners after reasonable inquiry, by being served on or sent to the 20. principal teacher of the endowed school, if any, under such governing body.

36. Any scheme, declaration, minute, notice, or Signature other document for the purposes of this Act, if purporting and evito be signed by a secretary, or assistant secretary of the dence of 25 Department, shall, unless the contrary is proved, be of the deemed to have been so signed and to have been approved Departor made, as the case may be, by the Department.

documents

ment.

37. The Commissioners shall in every year make Annual to the Department a report of their proceedings under reports. 30 this Act during the preceding year, and the Department shall cause such report to be laid with all convenient speed before both Houses of Parliament.

38. Every governing body shall make such reports Returns, and returns and give to the Commissioners such informa- &c., by 35 tion as to the funds, estates, property, and income under governing the control of the governing body as the Commissioners body. may from time to time require.

Every governing body shall make such reports and returns and give such information to the Department 40 as the Department may from time to time require.

A.D. 1928.

Provision

for default

(Scotland).

39. If the governing body of any educational endowment fail to give effect to the provisions of any scheme approved under this Act, it shall be lawful for the Department, after such inquiry as they shall of governing think proper, to send a requisition to such governing 5 body. body, requiring them to give effect to the provisions of the scheme, and the governing body shall comply with the said requisition without undue delay, and, if they fail, may be summarily compelled to do so by the Court of Session, on a petition and complaint at the instance 10 of the Lord Advocate.

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Powers of

to make schemes

after expiry of powers of

Commissioners.

40. The powers of the Commissioners under this Act shall not, unless continued by Parliament, be exercised by them after the thirty-first day of December, nineteen hundred and thirty one.

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41.-(1) After the expiry of the powers of the Department Commissioners the Department shall have, subject as hereinafter provided, the like powers regarding schemes for the future government and management of endowments as are conferred by this Act on the Com- 20 missioners, and for the purpose of the exercise by the Department of the said powers the provisions of this Act regarding endowments shall so far as applicable have effect with the substitution of the Department for the Commissioners subject to the following modifications:- 25 (a) The provisions with regard to submission of schemes for the approval of the Department shall not apply, and the provisions which apply in the case of a scheme submitted to the Department shall apply in like manner in the case of 30 a scheme framed by the Department:

(b) For the power conferred on the Department to approve a scheme there shall be substituted a power to confirm a scheme, and any reference to approving a scheme shall be construed accord- 35 ingly:

(c) References to remission of a scheme by the Department to the Commissioners shall not apply, and for the power so to remit a scheme which in the opinion of the Court of Session is 40 contrary to law there shall be substituted a power to frame an amended scheme:

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(Scotland).

(d) The provisions regarding references to, inquiries A.D: 1928...
by, or reports of an assistant commissioner shall
be construed as if for an assistant commissioner
there were substituted an officer of the Depart-
ment or other person appointed by them for
the purpose of any such reference, inquiry, or
report, which appointment the Department
shall have power to make.

(2) Notwithstanding anything in section four of this 10 Act contained, the powers conferred on the Department by this section shall not extend to a university endowment or to the Carnegie Trust.

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42. For the purposes of this Act, unless the context Interpretaotherwise requires,

"Endowment" shall mean any property, heritable
or moveable, dedicated to charitable uses, but
shall not, except with the consent of the govern-
ing body, include the funds, whether capital or
revenue, of any incorporation or society contri-
buted or paid by the members of such incor-
poration or society by way of entry moneys or
other fixed or stated payments, nor burgess fines
paid to any such incorporation or corporate
society:
"Educational endowment " shall mean any endow-
ment which has been applied or is applicable in
whole or in part, whether by the declared inten-
tion of the founder, or by the consent of the
governing body, or in pursuance of any scheme
approved under the Act of 1882 or under any
other Act or of any Provisional Order or by
custom or otherwise, to educational purposes:
Governing body" shall mean
mean the managers,
governors, or trustees of any endowment or
other person or persons having the adminis-
tration of the revenue thereof:

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Governing instrument" shall mean, with regard
to any endowment, the scheme approved under
the Act of 1882 or under any other Act or any
Provisional Order, in accordance with which
the endowment is governed and managed or,

tion.

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