(1)Where it appears to the [F1Court of Session] to be desirable that a scheme under this Part of this Act should make provision for the sale of any land forming an endowment or part thereof and for the application of the proceeds of sale in accordance with the provisions of the scheme, but that such provision cannot be made by reason of the third proviso to section 2 of the M1School Sites Act 1841 (which provides that if any land granted in accordance with the provisions of that section ceases to be used for the purposes mentioned in that Act, the land shall revert to the grantor), or by reason of any condition of a similar nature relating to the land in any Act, deed or other instrument, [F1the Court may order] that the said proviso or condition shall not have effect in relation to the land:
Provided that no such [F2order shall be made] in relation to any land unless the [F3Court] is satisfied either—
(a)that the person to whom the land would revert in accordance with the said proviso or condition cannot after due inquiry be found; or
(b)that, if that person can be found, he has consented to relinquish his rights in relation to the land under the said proviso or condition, and that, if he has consented so to do in consideration of the payment of a sum of money to him, adequate provision can be made for the payment to him of that sum out of the proceeds of the sale of the land.
(2)A scheme under this Part of this Act relating to any endowment which includes land in respect of which an order has been made under subsection (1) above may make provision for the payment out of the proceeds of the sale of the land of any sum which is payable to any person in consideration of the relinquishment of his rights in relation to the land under the said proviso or condition.
(3)For the purposes of this section, any land conveyed under section 2 of the M2School Sites Act 1841, or held under a condition of the nature referred to in subsection (1) above, other than land forming the site or part of the site of an educational establishment under the management of an education authority or of any building ancillary to such an educational establishment, shall be deemed to be an educational endowment or part thereof notwithstanding anything in the third proviso to that section or in the said condition.
Textual Amendments
F1Words substituted with savings by Education (Scotland) Act 1981 (c. 58), Sch. 6 para. 5(a), Sch. 8 and S.I. 1981/1557, art. 4
F2Words substituted with savings by Education (Scotland) Act 1981 (c. 58), Sch. 6 para. 5(b)(i), Sch. 8 and S.I. 1981/1557, art. 4
F3Word substituted with savings by Education (Scotland) Act 1981 (c. 58), Sch. 6 para. 5(b)(ii), Sch. 8 and S.I. 1981/1557, art. 4
Marginal Citations