110 Provisions as to beneficiaries and teachers.S
(1)In [F1preparing a draft] scheme for any endowment, the [F2education authority] shall—
(a)provide that in making a selection from amongst those eligible for the benefits of the endowment, due regard shall be paid to [F3educational need], diligence, attainment and promise as ascertained in such manner as the [F2education authority] shall determine, and
(b)[F4unless in any particular case they consider it inexpedient to do so,] provide for extending to both sexes the benefit of the endowment.
(2)[F5Every scheme for an educational endowment] shall make provision for the application in the case of the dismissal of a registered teacher of the provisions of section 88 of this Act, with the substitution of the governing body for the education authority, and with any other necessary modifications.
(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6
(4)Any such scheme—
[F7(a)given effect to by the Court of Session; or
(b)prepared by an education authority with respect to a school other than one which has been transferred to them under section 16 or provided under section 17(2) of this Act,]may contain provision for the removal of any religious test or qualification applicable to teachers.
Textual Amendments
F1Words substituted with savings by Education (Scotland) Act 1981 (c. 58), Sch. 6 para. 9(b)(i), Sch. 8 and S.I. 1981/1557, art. 4
F2Words substituted with savings by Education (Scotland) Act 1981 (c. 58), Sch. 6 para. 9(a), Sch. 8 and S.I. 1981/1557, art. 4
F3Words inserted with savings by Education (Scotland) Act 1981 (c. 58), Sch. 6 para. 9(b)(ii) and S.I. 1981/1557, art. 4
F4Words substituted with savings by Education (Scotland) Act 1981 (c. 58), Sch. 6 para. 9(b)(iii), Sch. 8 and S.I. 1981/1557, art. 4
F5Words substituted with savings by Education (Scotland) Act 1981 (c. 58), Sch. 6 para. 9(c), Sch. 8 and S.I. 1981/1557, art. 4
F6Ss. 105(5), 110(3), 112(6), 113, 115, 116, repealed with savings by Education (Scotland) Act 1981 (c. 58), Sch. 9 and S.I. 1981/1557, art. 4
F7Words inserted with savings by Education (Scotland) Act 1981 (c. 58), Sch. 6 para. 9(e) and S.I. 1981/1557, art. 4