Education (Scotland) Act 1980

113 Procedure in preparation of reorganisation schemes by Scottish Universities Committee of Privy Council by virtue of s. 105(5)

(1) Before making, by virtue of section 105(5) of this Act, a scheme for the reorganisation of any endowment the Scottish Universities Committee of the Privy Council (hereafter in this section called " the Committee ") shall prepare a draft scheme and shall—

(a) send copies of the draft scheme to the governing body of the endowment to which the draft scheme relates; and

(b) cause the draft scheme to be published in such manner as it thinks sufficient for giving information to all persons interested in the scheme;

and the governing body of that endowment or any other person interested in the scheme may, not later than the expiry of the period of one month from the first publication of the draft scheme, send in writing to the Committee objections to the draft scheme, or proposed amendments thereto, or both.

(2) If within the period referred to in subsection (1) above no objection and no proposed amendment to the draft scheme is received by it, the Committee may make the scheme in the terms of the draft scheme published under that subsection, and it shall be lawful for Her Majesty by Order in Council to approve the scheme so made.

(3) If within the said period objections or proposed amendments to the draft scheme are received by it, the Committee shall consider those objections and proposed amendments and may thereafter, if it thinks fit, frame a scheme in such form as it thinks expedient.

(4) If the Committee frames a scheme under subsection (3) above, it shall as soon as practicable thereafter—

(a) give to the persons who made the objections or, as the case may be, proposed the amendments to the draft scheme notice in writing of its decision with respect to those objections or amendments;

(b) send copies of the scheme to the governing body of the endowment to which the scheme relates;

(c) cause the scheme to be published in such manner as it thinks sufficient for giving information to all persons interested in the scheme ;

(d) cause to be published, along with the scheme, a notice—

(i) stating that, unless not later than the expiry of the period of one month from the first publication of the scheme an appeal is presented to the Court of Session in accordance with the following provisions of this section, the Committee proposes to make the scheme in the terms in which it has been published, and that the scheme when so made may be approved by Her Majesty by Order in Council; and

(ii) drawing attention to the provisions of subsection (6) below in such a way as to inform all persons concerned of their right under that subsection to present a petition to the Committee and of the effect of their so doing.

(5) If within the period referred to in paragraph (d)(i) of subsection (4) above no appeal is presented as aforesaid to the Court of Session, or if any appeal so presented is refused by the Court, the Committee may make the scheme in the terms in which it was published under that subsection, and, subject to subsection (6) below, it shall be lawful for Her Majesty by Order in Council to approve the scheme so made.

(6) If within the said period a petition praying that the scheme be laid before Parliament is presented to the Committee by any of the persons mentioned below, the Committee shall cause the scheme to be laid before both Houses of Parliament, and it shall be lawful for Her Majesty, after the scheme has so lain for forty days (in reckoning which period no account is to be taken of any time during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days), by Order in Council to approve the scheme unless within that period either House has resolved that the scheme shall not be proceeded with, in which case no further proceedings shall be taken thereon, without prejudice however, to the making of a new scheme.

The persons referred to above in relation to a scheme under this section are those mentioned in paragraphs (a) to (e) of section 112(6) of this Act in relation to a scheme under that section.

(7) Subsection (8) of section 112 of this Act shall apply for the purposes of this section as it applies for the purposes of that section, with the substitution, for the references to the Secretary of State and to subsections (4) to (7) and (3) of that section, of references to the Committee and to subsections (4) to (6) and (3) of this section respectively.

(8) Subsection (9) of section 112 of this Act shall apply for the purposes of this section as it applies for the purposes of that section, with the substitution, for the references to the Secretary of State and to that section, of references to the Committee and to this section respectively.

(9) For the purposes of this section, references to an endowment shall be construed as references to a university endowment or the Carnegie Trust and references to the governing body of an endowment shall be construed as references to the founder or the governing body of the university court of any university, with respect to a university endowment, and to the Carnegie Trustees, with respect to the Carnegie Trust.