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(Scotland).

(2) In every scheme which abolishes or modifies A.D. 1928. any privileges or educational advantages to which a particular class of persons is entitled, whether as inhabitants of a particular area or as belonging to a particular 5 class in life or otherwise, the Commissioners shall have regard to the educational interests of such class of persons: Provided always that, where the governing instrument of any educational endowment has expressly provided for the education of children belonging to the poorer 10 classes, either generally or within a particular area, or otherwise for their benefit, such endowment for such education or otherwise for their benefit shall continue, so far as requisite, to be applied for the benefit of such children.

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4.-(1) The powers of the Commissioners under this Act not to Act'shall not extend

(a) to any educational endowment given either by
present gift made subsequently to the thirty-
first day of December, nineteen hundred and
twenty, or by the will of a testator who died
after the said day;

(b) to any endowment belonging to, or administered
by, or in the gift of any of the universities
of Scotland, or any of the colleges of such
universities (hereinafter in this Act referred
to as a university endowment); or

(c) to any endowment solely or mainly applicable
or applied for the purposes of theological
instruction or belonging to any theological
institution (hereinafter in this Act referred
to as a theological endowment); or

(d) to the property vested in the Carnegie Trustees for the Universities of Scotland (hereinafter in this Act referred to as the Carnegie Trust), 35 unless the founder or the governing body of such endowment, or the University Court of such university or the said Carnegie Trustees respectively, shall intimate in writing to the Commissioners their consent to such endowment or Trust being dealt with under this Act.

40 (2) Where the University Court of any university or the Carnegie Trustees intimate in writing to the Commissioners their consent that a university endowment

apply to certain endowments.

(Scotland),

A.D. 1928. or the Carnegie Trust respectively shall be dealt with under this Act, the provisions of this Act shall apply to such endowment or Trust with the substitution for the Department of the Scottish Universities Committee of the Privy Council.

Date of endowments.

Mixed endowments.

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5. Where part of an endowment has been given on or before the thirty-first day of December, nineteen hundred and twenty, and another part has been given after the said day, and the two portions cannot in the opinion of the Commissioners be conveniently separated 10 from each other, the date of the older part of the endowment shall be held to be the date of the endowment.

6. Where any part of an endowment is an educational endowment within the meaning of this Act, and part of it is applicable or applied to other charitable 15 purposes, the scheme shall be in conformity with the following provisions (except so far as the governing body of such endowment assent to the scheme departing therefrom), that is to say:

(1) The proportion of the endowment or annual 20 income for the time being derived therefrom which is applicable to such other charitable uses shall not be diverted by the scheme from such uses unless in the opinion of the Commissioners

(a) there are no persons who are entitled to benefit out of such part of the endowment;

or

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(b) the purposes of such part of the endowment have failed altogether or have become 30 obsolete or useless or are otherwise sufficiently provided for; or

(c) such purposes have become insignificant in comparison with the magnitude of such part of the endowment; or

(d) such purposes have become prejudicial to the public welfare.

(2) The proportion of the endowment or annual income for the time being so applicable to such

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(Scotland).

other charitable uses shall be deemed to be the A.D. 1928
proportion which, in the opinion of the Commis-
sioners, is the proportion which has according
to the average of such number of years as the
Commissioners shall determine been appro-
priated as regards capital or applied as regards
income to such uses, or if that proportion
differs from the proportion which ought to have
been so appropriated or applied according to
the express directions of the instrument of
foundation or the decree of any competent
court or the statutes or regulations governing
such endowment, the proportion applicable to
such other charitable uses shall be the proportion
which ought, according to the express directions
of such instrument, or such decree or such
statutes or regulations, to have been appro-
priated or applied to such other charitable

uses

(3) If the proportion applicable to other charitable
uses amounts to or exceeds one half of the whole
of the endowment, the governing body of such
endowment existing at the date of the scheme
shall, so far as regards its non-educational
purposes, remain unaltered by the scheme;
(4) Where the governing body remains so unaltered,
that body shall pay or apply for educational
purposes such proportion as under the former
provisions of this section is applicable to
those purposes, or such less sum as may be
fixed by the Commissioners:

(5) When any portion of the endowment or the
annual income of such portion has been
accumulated and not applied to any purpose,
the Commissioners shall determine whether,
and in what proportion, such portion or income
is to be considered for the purposes of this
section as having been appropriated or applied
for educational purposes or for other charitable

usés..

Subject to the foregoing provisions of this section, the Commissioners shall have power by any scheme

(Scotland).

A.D. 1928. to deal with such endowments, and with the governing body thereof, in the same manner in all respects as if the whole of it were an educational endowment.

Non-educa

tional endowments.

Schemes by
Court of
Session.

7. Where the governing body of any endowment
(not being an educational endowment) are of opinion 5
that it is expedient that the endowment should be
dealt with by the Commissioners on any of the following
grounds, viz. :-

(a) That there are no persons entitled to benefit out
of the endowment; or
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(b) That the purposes of the endowment have
failed altogether or have become obsolete or
useless or prejudicial to the public welfare,
or are otherwise sufficiently provided for, or
are insignificant in comparison with the mag- 15
nitude of the endowment, or are not substantially
beneficial to the class of persons for whom the
endowment was originally intended; or

(c) That it is impossible, owing to the inadequacy
of the endowment or to the impracticable 20
character of the founder's intentions, to carry
these intentions into effect,

the governing body may intimate in writing to the
Commissioners their consent to the endowment being
dealt with under this Act and thereafter such endowment 25
may be dealt with in all respects as if it were an
educational endowment.

8.-(1) Where the Lord Advocate is of opinion on any such ground as is specified in the immediately preceding section of this Act that a scheme for the future 30 administration of any endowment to which this section applies should be framed, he may present a petition to the Court of Session for such a scheme and on any such petition the Court shall have power to frame a scheme for the future administration of the endowment 35 and for the application of the capital or income of the endowment to any purposes, as nearly as may be analogous to those contained in the governing instrument, as the Court shall think fit.

(2) This section shall apply to any such endowment 40 as is mentioned in the immediately preceding section

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(Scotland).

or in paragraph (a) of subsection (1) of section four of A.D. 1928. this Act where the governing body of such endowment have not intimated their consent to its being dealt with under this Act.

9. For the purposes and subject to the provisions Endowof this Act, endowments for the payment of apprenticeship ments for fees, or for the advancement in life, or for the maintenance apprenticeor clothing, or otherwise for the benefit of poor children ship fees. shall be deemed to be and may be dealt with as edu10 cational endowments.

10. In framing a scheme for any endowment, the Vested Commissioners shall save or shall make due compensation interests. for the vested interests of individuals holding any office, place, employment, pension, compensation allowance, 15 bursary, or emolument under or arising out of the endowment at the date of the passing of this Act.

Act.

11. Every interest, right, privilege, or preference Interests which any person may acquire after the passing of this acquired Act, in or relative to any endowment, or in the after 20 governing body thereof, or as member of any such passing of governing body, or in or relative to any office, place, employment, pension, compensation allowance, bursary, or emolument in the gift of any such governing body, shall be subject to the provisions of any scheme made 25 under this Act; and the governing body of an educational endowment shall not, during the continuance of the power of making schemes under this Act, begin to build, rebuild, or enlarge any school buildings, or teachers' residences, or buildings connected therewith, except with 30 the written consent of the Commissioners, or under the directions of such a scheme, but this provision shall not prevent them from continuing any works begun before the passing of this Act, or from doing anything necessary for the repair or maintenance of buildings or residences 35 existing at the passing of this Act.

12. In framing a scheme for any endowment, the Selection Commissioners shall provide that in making a selection of benefifrom amongst those eligible for the benefits of the ciaries. endowment, due regard shall be paid to diligence, attain40 ment and promise as ascertained in such manner as the Commissioners shall determine.

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