A.D. 1928.A

45 & 46 Vict. c. 59.

Short title,
extent,
and com-
mencement.

(Scotland))

where there is no such scheme or Provisional Order, the deed constituting the endowment: "Provisional Order" shall mean Provisional Order confirmed by Act of Parliament:

"The Department" shall mean the Scottish Educa- 5 tion Department:

The expression "the Act of 1882" shall mean the Educational Endowments (Scotland) Act, 1882 : The expression "grant-aided school" shall mean a school in receipt of grants from the Department: 10 The expressions "the accountant of the Department," "education authority," "certificated teacher," and " public school" shall have the like meanings as in the Education (Scotland) Acts, 1872 to 1925.

43. (1) This Act shall apply to Scotland only and may be cited as the Educational Endowments (Scotland) Act, 1928.

(2) This Act shall come into operation on the first day of January, nineteen hundred and twenty-nine.

15

20

(Scotland). [H.L.]

[AS AMENDED BY THE STANDING COMMITTEE ON SCOTTISH BILLS.]

FINANCIAL MEMORANDUM.

The main object of the Bill is to set up an Executive Commission of seven members, with powers to review the educational endowments of Scotland and to frame schemes for the better application of these endowments. The legislative and administrative developments of the last five and twenty years have made such a review a matter of urgency if the monies available are to be put to the best possible use. All ordinary educational endowments of a date earlier than 31st December 1920, may be dealt with by the Commissioners at their own hand. Later foundations and certain endowments of a special character (University endowments, theological endowments, and the Carnegie Trust for the Universities of Scotland) are excluded from the purview of the Commission, unless the trustees concerned make special application for their admission.

The general directions to the Commissioners follow closely the unanimous recommendations of the Departmental Committee which considered the question in 1927. The procedure to be followed in framing and approving schemes is strictly modelled upon the precedent furnished by the Educational Endowments (Scotland) Act, 1882.

The powers of the Commissioners will expire on 31st December 1931, unless extended by Parliament. The desirability of making permanent provision for the recasting of schemes was emphasised by the Departmental Committee, which pointed out that this might be done either by making the Commission a permanent one or by putting the Scottish Education Department in a position analogous to that now occupied in England by the Board of Education, to whom Parliament in 1899 transferred the powers and duties of the Charity Commissioners, so far as educational charities are concerned. The number of endowments in Scotland seems to be too small to justify the expense that would be involved by the adoption of the first alternative. Accordingly the

(Scotland).

Bill proposes that, after the Commission has completed its task, its powers may be exercised from time to time by the Department as occasion arises.

The addition to the Vote for Royal Commissions might amount on the average to about 2,000l. for each year during which the Commission continued to function. This increase of expenditure would be temporary only. On the other hand, if the arrangements foreshadowed in the Bill as to the audit of endowment accounts are given effect to, a permanent reinforcement of the staff of the accountant of the department will probably be called for. It is unlikely that the cost of this would exceed 700l. a year, and the larger part of it would be recovered by fees paid from the endowments, which would be used as appropriations in aid.