Education (Scotland) Act 1980

122 Interpretation of Part VI. S

(1) In this Part of this Act, unless the context otherwise requires—

• “the Act of 1878” means the Endowed Institutions (Scotland) Act 1878;

• “Carnegie Trust” means the property vested in the Carnegie Trustees for the Universities of Scotland;

• [F1 “charitable purposes” has the same meaning as in the Charities and Trustee Investment (Scotland) Act 2005 (asp 10);]

• “educational endowment” means any endowment which has been applied or is applicable in whole or in part, whether by the declared intention of the founder, or by the consent of the governing body, or in pursuance of any scheme approved under any Act or of any provisional order or by custom or otherwise, to educational purposes;

• “educational purposes” includes—

  (i)

  payments towards the cost of professional training and apprenticeship fees,

  (ii)

  the provision of maintenance, clothing and other benefits, and

  (iii)

  the payment of grants for travel;

• “endowment” means any property, heritable or moveable, dedicated to charitable purposes, but shall not, except with the consent of the governing body, include the funds, whether capital or revenue, of any incorporation or society contributed or paid by the members of such incorporation or society by way of entry moneys or other fixed or stated payments, nor burgess or guildry fines paid to any such incorporation or society, nor funds bequeathed or given to any such incorporation or society for the benefit solely of members or widows or families of members of such incorporation or society;

• “governing body” means the managers, governors or trustees of any endowment or other person having the administration of the revenue thereof;

• “governing instrument” means, with regard to any endowment, the scheme approved under any Act or any provisional order [F2 or made under section 17 of the Local Government etc. (Scotland) Act 1994,] in accordance with which the endowment is governed and managed or, where there is no such scheme or provisional order, the deed constituting the endowment;

• “provisional order” means provisional order confirmed by Act of Parliament and provisional order made under the Act of 1878;

• “theological endowment” means an endowment solely or mainly applicable or applied for the purposes of theological instruction or belonging to any theological institution;

• “university endowment” means an endowment vested in, or administered by, or in the gift of any of the universities of Scotland or any of the colleges of such universities.

(2) An educational endowment shall be deemed to be a “new endowment” until the expiry of twenty years from the date when the deed creating the endowment comes into operation, so, however, that where part of an endowment has been given at one time and another part has been given at a later time and the two portions cannot in the opinion of the [F3 Court of Session] be conveniently separated from each other, the date of the older part of the endowment shall be held to be the date of the endowment.

(3) Any reference in this Act to the endowment to which a scheme under this Part of this Act relates shall, in the case of a scheme relating to more than one endowment, be construed as a reference to every endowment, or (as the context may require) to any endowment, to which the scheme relates.

[F4 (4) This Part, apart from section 104, does not apply in relation to any endowment the governing body of which is a charity within the meaning of section 106 of the Charities and Trustee Investment (Scotland) Act 2005 (asp 10).]

Textual Amendments

F1 Words in s. 122(1) substituted (1.4.2006) by Charities and Trustee Investment (Scotland) Act 2005 (asp 10), s. 107(2), sch. 4 para. 4; S.S.I. 2006/189, art. 2(1), sch. Pt. 1

F2 Words in s. 122 inserted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 118(7); S.I. 1996/323, art. 4(1)(c).

F3 Words substituted by Education (Scotland) Act 1981 (c. 58), Sch. 6 para. 20, Sch. 8

F4 S. 122(4) inserted (1.4.2006) by Charities and Trustee Investment (Scotland) Act 2005 (asp 10), ss. 43, 107(2); S.S.I. 2006/189, art. 2(1), sch. Pt. 1