Sex Discrimination Act 1975 (repealed)

79 Educational endowments etc. to which Part VI of the Education (Scotland) Act 1962 applies. E+W+S

(1) This section applies to any educational endowment to which [F1 [F2 section 104] of the Education (Scotland) Act 1980]applies and which in any way restricts the benefit of the endowment to persons of one sex, and any reference to an educational endowment in this section includes a reference to—

(a) a scheme made or approved for that endowment under [F3 Part VI][F1 of the Education (Scotland) Act 1980;]

[F4 (aa) in the case of an endowment the governing body of which is entered in the Scottish Charity Register, a scheme approved for that endowment under section 39 or 40 of the Charities and Trustee Investment (Scotland) Act 2005 (asp 10)]

(b) any endowment which is, by virtue of [F5 section 108(1)]of [F6 the Education (Scotland) Act 1980] , dealt with as if it were an educational endowment [F7 (or which would, but for the disapplication of that section by section 122(4) of that Act, be so dealt with)] ; and

(c) a university endowment, the Carnegie Trust, a theological endowment and a new endowment.

(2) If, on the application of the governing body of an educational endowment, the Secretary of State is satisfied that the removal or modification of the provision which restricts the benefit of the endowment to persons of one sex would conduce to the advancement of education without sex discrimination, he may, by order, make such modifications to the endowment as appear to him expedient for removing or modifying the restriction and for any supplemental or incidental purposes.

(3) Where the Secretary of State proposes to make an order under this section, he shall publish a notice, in such manner as he thinks sufficient for giving information to persons whom he considers may be interested in the endowment—

(a) containing particulars of the proposed order; and

(b) stating that representations may be made with respect thereto within such period as may be specified in the notice, not being less than one month from the date of publication of the notice,

and the cost of publication of any such notice shall be paid out of the funds of the endowment to which the notice relates.

(4) Before making any order under this section, the Secretary of State shall consider any representations duly made in accordance with the said notice and he may cause a local inquiry to be held into such representations under [F5 section 67 of the Education (Scotland) Act 1980].

(5) Without prejudice to section 81(5) of this Act, any order made under this section may be varied or revoked in a scheme made or approved under [F1 Part VI of the Education (Scotland) Act 1980][F8 or, in the case of an endowment the governing body of which is entered in the Scottish Charity Register, a scheme approved for that endowment under section 39 or 40 of the Charities and Trustee Investment (Scotland) Act 2005 (asp 10)] .

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9

(7) This section shall be construed as one with [F1 Part VI of the Education (Scotland) Act 1980].

Textual Amendments

F1 In section 79 by Education (Scotland) Act 1980 (c. 44, SIF 41:2), Sch. 4 para. 9(a) for any reference to Part VI of the Education (Scotland) Act 1962 there is substituted a reference to Part VI of the Education (Scotland) Act 1980

F2 Words in s. 79(1) substituted (S.) (1.4.2006) by Charities and Trustee Investment (Scotland) Act 2005 (asp 10), ss. 104, 107(2), Sch. 4 para. 3(1)(a); S.S.I. 2006/189, art. 2, Sch. (with art. 3(1)(2))

F3 Words in s. 79(1)(a) substituted (S.) (1.4.2006) by Charities and Trustee Investment (Scotland) Act 2005 (asp 10), ss. 104, 107(2), Sch. 4 para. 3(1)(b); S.S.I. 2006/189, art. 2, Sch. (with art. 3(1)(2))

F4 S. 79(1)(aa) inserted (S.) (1.4.2006) by Charities and Trustee Investment (Scotland) Act 2005 (asp 10), ss. 104, 107(2), Sch. 4 para. 3(1)(c); S.S.I. 2006/189, art. 2, Sch. (with art. 3(1)(2))

F5 By Education (Scotland) Act 1980 (c. 44, SIF 41:2), Sch. 4 para. 9(b) for the references to sections 121(1) and 68 of the Education (Scotland) Act 1962 there are substituted respectively references to sections 108(1) and 67 of the Education (Scotland) Act 1980

F6 Words in s. 79(1)(b) substituted (S.) (1.4.2006) by Charities and Trustee Investment (Scotland) Act 2005 (asp 10), ss. 104, 107(2), Sch. 4 para. 3(1)(d); S.S.I. 2006/189, art. 2, Sch. (with art. 3(1)(2))

F7 Words in s. 79(1)(b) inserted (S.) (1.4.2006) by Charities and Trustee Investment (Scotland) Act 2005 (asp 10), ss. 104, 107(2), Sch. 4 para. 3(1)(d)(ii); S.S.I. 2006/189, art. 2, Sch. (with art. 3(1)(2))

F8 Words in s. 79(5) inserted (S.) (1.4.2006) by Charities and Trustee Investment (Scotland) Act 2005 (asp 10), ss. 104, 107(2), Sch. 4 para. 3(2); S.S.I. 2006/189, art. 2, Sch. (with art. 3(1)(2))

F9 S. 79(6) repealed by Education (Scotland) Act 1980 (c. 44, SIF 41:2), Sch. 5

Modifications etc. (not altering text)

C1 In section 79 by Education (Scotland) Act 1980 (c. 44, SIF 41:2), Sch. 4 para. 9(a) for any reference to Part VI of the Education (Scotland) Act 1962 there is substituted a reference to Part VI of the Education (Scotland) Act 1980

C2 S. 79(1)(b)(4): by Education (Scotland) Act 1980 (c. 44, SIF 41:2), Sch. 4 para. 9(b) for the references to sections 121(1) and 68 of the Education (Scotland) Act 1962 there are substituted respectively references to sections 108(1) and 67 of the Education (Scotland) Act 1980