(Scotland). [H.L.] [AS AMENDED BY THE STANDING COMMITTEE ON SCOTTISH BILLS.] ARRANGEMENT OF CLAUSES. Clause. 1. Appointment of Commissioners. 2. Powers of Commissioners. 3. Directions as to schemes for re-organisation. 4. Act not to apply to certain endowments. 5. Date of endowments. 11. Interests acquired after passing of Act. 12. Selection of beneficiaries. 13. Benefits to be extended to both sexes. 14. Tenure of office of teachers, &c. 15. Inspection and audit. 16. Preliminary inquiry. 17. Governing body may lodge draft scheme. 18. Printing and publication of draft schemes. 19. Objections to draft schemes. 20. Framing of schemes. 21. Consideration of schemes by Department. 22. Amended schemes. 23. Quorum of Commissioners. 24. Quorum of governing body. 25. Special case to Court of Session on questions of law. Clause. (Scotland). 26. Deliverance of Court of Session final. Disposal of questions of expenses. 37. Annual reports. 38. Returns, &c., by governing body. 39. Provision for default of governing body. 40. Duration of powers of Commissioners. 41. Powers of Department to make schemes after expiry of powers of Commissioners. [AS AMENDED BY THE STANDING COMMITTEE ON INTITULED An Act to make further make further provision for the A.D. 1928. re-organisation of educational and other endowments in Scotland. E it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, 5 as follows: The Commis 1. (1) For the purposes of this Act it shall be Appointlawful for His Majesty to appoint nine Commissioners, ment of and to appoint a secretary to the Commissioners, and sioners. as vacancies occur to supply such vacancies. 10 Commissioners and the secretary shall hold office during His Majesty's pleasure. His Majesty may from time to time appoint one of the Commissioners to be chairman. (2) The secretary and such assistant commissioners and other officers, as the Commissioners may with the 15 consent of the Treasury as to number appoint, shall be paid such remuneration as the Treasury may determine, and such remuneration, together with all expenses incurred by the Commissioners in the execution of this Act with the approval of the Treasury, shall be paid 20 out of moneys provided by Parliament. 2. Subject to the provisions hereinafter contained, Powers of the Commissioners shall have power to prepare draft Commis sioners. (Scotland). A.D. 1928. schemes for the future government and management of educational endowments, which schemes may provide― Directions as to schemes for re-organisation. (a) for altering the purposes to which such endowments are applied or applicable and the conditions and provisions regarding such appli- 5 cation; (b) for the application of the capital or income of such endowments to such educational purposes, mental or physical, moral or social, as the Commissioners think fit having regard to the 10 public interest and to existing conditions, social and educational: Provided always that the capital of any such endowment shall not be expended except on a purpose to which capital may properly be devoted; 15 (c) for grouping, amalgamating, combining, or dividing any such endowments; (d) for altering the constitution of the governing (e) for altering the powers as to the investment of 3.-(1) Subject to the provisions of this Act, it shall be the duty of the Commissioners in re-organising any endowment in pursuance of the powers conferred by this Act to have special regard 25 (a) to the spirit of the intention of the founders as 30 embodied either (i) in the original deed constituting the endowment where it is still the governing instrument, or (ii) in the scheme approved under the Act of 1882, or under any other Act, or in any Provisional Order affecting 35 the endowment; (b) to the interest of the locality to which the endowment belongs; (c) to the possibility of effecting economy in administration by the grouping, amalgamation, or 40 combination of any two or more endowments. (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. 15 20 25 30 4. (1) The powers of the Commissioners under this Act not to Act shall not extend (a) to any educational endowment given either by (b) to any endowment vested in, or administered (c) to any endowment solely or mainly applicable (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. |