The Educational Endowments (Highland Region) Transfer Scheme Order 1996

Consequential provisions for interpretation of governing instruments of educational endowments

5.—(1) Where an educational endowment, or a power or right in respect of an educational endowment, is transferred by this Scheme, any reference, however expressed, in the governing instrument of the endowment and relating to the endowment, power or right transferred, to—

(a) Highland Regional Council;

(b) a relevant district council; or

(c) a county, large or small burgh or district council in which the endowment, right or power was vested immediately before 16th May 1975,

shall unless the context otherwise requires be construed as a reference to Highland Council.

(2) Where an educational endowment, or a power or right in respect of an educational endowment, is transferred by this Scheme, any reference, however expressed, in the governing instrument of the endowment and relating to the endowment, power or right transferred, to—

(a) a councillor of any council referred to in sub-paragraph (1) above, or the holder of a specified office held by such councillor, shall unless the context otherwise requires be construed as a reference to a councillor of Highland Council nominated by that Council for the purpose;

(b) an officer, or any specified officer, of a council referred to in sub-paragraph (1) above shall unless the context otherwise requires be construed as a reference to the proper officer of Highland Council.