1996 No. 478 (S.42)
The Educational Endowments (Grampian Region) Transfer Scheme Order 1996
Made
Laid before Parliament
Coming into force
The Secretary of State, in exercise of the powers conferred on him by section 17(1), (2), (3), (4), (6) and (8) of the Local Government etc. (Scotland) Act 19941 and of all other powers enabling him in that behalf, hereby makes the following Order:
Citation and commencement1
This Order may be cited as the Educational Endowments (Grampian Region) Transfer Scheme Order 1996 and shall come into force on 1st April 1996.
Making of Scheme2
The Scheme set out in the Schedule to this Order shall have effect.
SCHEDULETHE EDUCATIONAL ENDOWMENTS (GRAMPIAN REGION) TRANSFER SCHEME 1996
Citation1
This Scheme may be cited as the Educational Endowments (Grampian Region) Transfer Scheme 1996.
Interpretation2
1
In this Scheme—
a
references to Grampian Regional Council and to Aberdeen, Banff and Buchan, Gordon, Kincardine and Deeside and Moray District Councils are to those councils as constituted under section 2 of the Local Government (Scotland) Act 19732; and
b
references to Aberdeen City, Aberdeenshire and Moray Councils are to those Councils as constituted under section 2 of the Local Government etc. (Scotland) Act 1994.
2
In this Scheme, unless the context otherwise requires, any reference to a numbered paragraph or Schedule is a reference to a paragraph of, or Schedule to, this Scheme.
Transfer of specific interests in educational endowments from Grampian Regional Council to Aberdeen City Council3
1
On 1st April 1996 the following educational endowments vested in Grampian Regional Council immediately before that date shall be transferred to and vest in Aberdeen City Council:—
a
the endowments comprised in the Grampian Regional Council Prize Fund (to be renamed with effect from 1st April 1996 the Aberdeen City Council Prize Fund) and in the Murray Pictures Fund, James Findlay Prize Fund and Liddel Prize Fund, all administered in accordance with the City of Aberdeen Educational Endowments Scheme 19853; and
b
the endowments listed in Part I of Schedule 1.
2
On 1st April 1996 the following powers vested in Grampian Regional Council immediately before that date shall be transferred to and vest in Aberdeen City Council:—
a
all powers under the City of Aberdeen Educational Endowments Scheme 1985; and
b
all powers with respect to the endowments listed in Part I of Schedule 1.
Transfer of specific interests in educational endowments from Grampian Regional Council to Aberdeenshire Council4
1
On 1st April 1996 the following educational endowments vested in Grampian Regional Council immediately before that date shall be transferred to and vest in Aberdeenshire Council:—
a
the endowments comprised in the Aberdeenshire Educational Trust, governed by the Aberdeenshire Educational Trust Scheme 19554; and
b
the endowments of the Brander Library Trust, also governed by the said Scheme; and
c
the endowments listed in Part II of Schedule 1.
2
On 1st April 1996 the following powers vested in Grampian Regional Council immediately before that date shall be transferred to and vest in Aberdeenshire Council:—
a
all powers under the Aberdeenshire Educational Trust Scheme 1955;
b
all powers under the Kincardineshire Educational Trust Scheme 19625; and
c
all powers with respect to the endowments listed in Part II of Schedule 1.
3
On 1st April 1996 the rights to be paid money under section 2(2) and (3) of the Aberdeenshire Educational Trust Scheme 1955 vested in Grampian Regional Council immediately before that date shall be transferred to and vest in Aberdeenshire Council.
Transfer of specific interests in educational endowments from Grampian Regional Council to Moray Council5
1
On 1st April 1996 the following educational endowments vested in Grampian Regional Council immediately before that date shall be transferred to and vest in Moray Council:—
a
the endowments comprised in the Moray and Nairn Educational Trust, governed by the Moray and Nairn Educational Trust Scheme 19356;
b
the endowments of Milne’s Institution Trust, governed by the Grampian Regional Council Milne’s Institution Trust Scheme 19917; and
c
the endowments listed in Part III of Schedule 1.
2
On 1st April 1996 the following powers vested in Grampian Regional Council immediately before that date shall be transferred to and vest in Moray Council:—
a
all powers under the Moray and Nairn Educational Trust Scheme 1935;
b
all powers under the Grampian Regional Council Milne’s Institution Trust Scheme 1991; and
c
all powers with respect to the endowments listed in Part III of Schedule 1.
3
On 1st April 1996 the rights to be paid money under sections 3 and 4 of the Moray and Nairn Educational Trust Scheme 1955 vested in Grampian Regional Council immediately before that date shall be transferred to and vest in Moray Council.
Transfer of interests in any educational endowments not specifically provided for from Grampian Regional Council to new authorities6
1
Where immediately before 1st April 1996 there were vested in Grampian Regional Council—
a
to any extent, any educational endowments;
b
any powers with respect to educational endowments;
c
any rights to be paid money out of educational endowments,
which are not specifically provided for in paragraphs 3 to 5, then, subject to paragraph 8 and Schedule 2, and to paragraph 9 and Schedule 3, such educational endowments shall to the same extent, and such powers and rights shall, on that date be transferred to and vest in the appropriate new authority.
2
Where immediately before 1st April 1996 there were vested by virtue of his office in the holder of an office connected with Grampian Regional Council, or in a person nominated by that Council—
a
to any extent, any educational endowments;
b
any powers with respect to educational endowments,
then, subject to paragraph 8 and Schedule 2, and to paragraph 9 and Schedule 3, such educational endowments shall to the same extent, and such powers shall, on that date be transferred to and vest in—
i
in the case where they were vested by virtue of his office in a councillor, or in the holder of a specified office held by a councillor, a councillor of the appropriate new authority nominated by that authority for the purpose;
ii
in the case where they were vested by virtue of his office in an officer of Grampian Regional Council, the proper officer of the appropriate new authority;
iii
in the case where they were vested in a person nominated by Grampian Regional Council, a person nominated by the appropriate new authority.
3
In this paragraph, “the appropriate new authority” means—
a
subject to head (c) below, the new authority for the area in which any educational establishment to which the endowment relates is situated; or
b
subject to head (c) below, where the endowment relates to no particular establishment, the new authority for the area in which the beneficiaries of the endowment are required under its governing instrument to reside or with which they are so required to have some other connection; or
c
where heads (a) and (b) above do not apply, or where application of them indicates more than one new authority, the new authority for the area with which the endowment is most closely connected.
Transfer of interests in educational endowments from district councils to new authorities7
1
Where immediately before 1st April 1996 there were vested in Aberdeen, Banff and Buchan, Gordon, Kincardine and Deeside or Moray District Council—
a
to any extent, any educational endowments;
b
any powers with respect to educational endowments;
c
any rights to be paid money out of educational endowments,
then, subject to paragraph 8 and Schedule 2, and to paragraph 9 and Schedule 3, such educational endowments shall to the same extent, and such powers and rights shall, on that date be transferred to and vest in the successor authority.
2
Where immediately before 1st April 1996 there were vested by virtue of his office in the holder of an office connected with Aberdeen, Banff and Buchan, Gordon, Kincardine and Deeside or Moray District Council, or in a person nominated by that Council—
a
to any extent, any educational endowments;
b
any powers with respect to educational endowments,
then, subject to paragraph 8 and Schedule 2, and to paragraph 9 and Schedule 3, such educational endowments shall to the same extent, and such powers shall, on that date be transferred to and vest in—
i
in the case where they were vested by virtue of his office in a councillor, or in the holder of a specified office held by a councillor, a councillor of the successor authority nominated by that authority for the purpose;
ii
in the case where they were vested by virtue of his office in an officer of the relevant district council, the proper officer of the successor authority;
iii
in the case where they were vested in a person nominated by the relevant district council, a person nominated by the successor authority.
3
In this paragraph, “the successor authority” means—
a
in relation to Aberdeen District Council, Aberdeen City Council;
b
in relation to Banff and Buchan, Gordon or Kincardine and Deeside District Council, Aberdeenshire Council;
c
in relation to Moray District Council, Moray Council.
Transfer of endowments of Banffshire Educational Trust from Grampian Regional Council to new governing body8
1
On 1st April 1996 the endowments comprised in the Banffshire Educational Trust, governed by the Banffshire Educational Trust Scheme 19768, vested in Grampian Regional Council immediately before that date shall be transferred to and vest in the Governors of the Banffshire Educational Trust, constituted and incorporated under the said Scheme as amended in accordance with Schedule 2.
2
On 1st April 1996 all powers under the Banffshire Educational Trust Scheme 1976 vested in Grampian Regional Council immediately before that date shall be transferred to and vest in the said Governors of the Banffshire Educational Trust.
3
On 1st April 1996 all rights to be paid money out of educational endowments conferred by the Banffshire Educational Trust Scheme 1976 vested in Grampian Regional Council immediately before that date shall be transferred to and vest in the said Governors of the Banffshire Educational Trust.
4
The Banffshire Educational Trust Scheme 1976 shall be amended in accordance with Schedule 2.
Amendments of governing instruments9
The governing instruments specified in Schedule 3 shall be amended in accordance with that Schedule.
Consequential provision for interpretation of governing instruments10
Subject to paragraph 8 and Schedule 2 and paragraph 9 and Schedule 3, and unless the context otherwise requires, 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 in relation to that endowment, power or right, to a local authority or person in whom the endowment, power or right was at any time vested shall be construed as a reference to the council or person in whom the endowment, power or right is vested under this Scheme.
Termination of existing appointments11
Any person elected or appointed by an existing local authority to be a member of the governing body of an educational endowment shall demit office at 1st April 1996.
SCHEDULE 1MISCELLANEOUS ENDOWMENTS TRANSFERRED
PART IMISCELLANEOUS ENDOWMENTS TRANSFERRED TO ABERDEEN CITY COUNCIL
Name of Endowment | Purpose |
---|---|
Aberdeen Institution for Deaf and Dumb Fund | For benefit of Aberdeen School for the Deaf |
D M Andrew Bequest | For prize in classics at Aberdeen Grammar School |
Miss Elizabeth H Bain Bequest | For music tuition and for instruments to pupils in city schools |
Mrs Athol Benzie Prize Fund | For best all round pupil in the fifth year at Aberdeen Academy |
Edith and David R Bishop Prize Fund | For prize or prizes to pupil or pupils of Aberdeen Grammar School selected by the Rector |
Mrs Mina Brooks Memorial Prize | For prizes for children’s theatre |
Miss Lucy Cruickshank Prize Fund | For prize to best pupil or pupils in French and German at High School for Girls |
Jessie Durno Prize Fund | For prize in Mathematics at Aberdeen Academy |
Mary Durno Prize Fund | For prize in English at Aberdeen Academy |
Margaret Duthie Memorial Prize Fund | For pupil showing the greatest endeavour at Dyce School |
Miss Margaret C Harper Prize Fund | For prize to best pupil in German at Aberdeen Academy |
Miss Bessie Heriot Prize Fund | For prize to best girl at Kaimhill Secondary School |
Dr Duncan B Heriot Prize Fund | For prizes in English and History at Aberdeen Academy |
Dr Duncan B Heriot Prize Fund | For prize to best boy at Kaimhill Secondary School |
Miss Elizabeth M M Laing Prize | Prize for best pupil in French in the Third Year at Aberdeen Academy |
Logie Pirie Scholarship Fund | For the benefit of schools in the Dyce, Bucksburn Area |
Dr George MacKenzie Prize Fund | For prize to best pupil in German in Aberdeen Academy |
George R McIntosh Bequest | For prize to best joinery student at Aberdeen Technical College |
Kenneth MacIntosh Bequest | For paying or supplementing the expenses of pupils of Aberdeen Grammar School who might otherwise be unable to afford the cost of school trips abroad or elsewhere |
Dr Charles McLeod Trust | For purchase of books on Physical Science and Astronomy at Aberdeen Grammar School |
William Meston Bursary Fund | For bursary to pupil of merit at Culter School undertaking a secondary course |
Miss Lizzie L Milne Prize Fund | For prize in all round excellence to pupil in senior classes at Ashley Road School |
Primary and Intermediate Schools Sports Fund | General use in relation to sport |
John M Robertson Memorial Prize Fund | For prize to best pupil in commercial subjects at Aberdeen Grammar School |
35.9% of the Rose Hip Fund | To be used at the discretion of the officer appointed by Aberdeen City Council for the purpose |
Miss H Shepherd Bequest | For annual award to the head boy and head girl at Torry Academy |
Miss M S Smith Prize Fund | For prize or prizes for proficiency in art or handcrafts at Ashley Road School |
St Fittick (Aberdeen) Rotary Club Prize | For prizes to pupils at Torry Secondary School |
Spastics Association Fund | For the benefit of handicapped students at Aberdeen Technical College |
Mary Thomson Scottish Poetry Prize | For the three best reciters of a Scottish poem at Cults Primary School, Cults Academy, Harlaw Academy and Rubislaw Academy |
William C B Thomson Memorial Fund | For prizes in art at Northfield Secondary School |
Jayne Cable Smart Bequest | Prize(s) to most promising pupil(s) in Music at Skene Square School |
PART IIMISCELLANEOUS ENDOWMENTS TRANSFERRED TO ABERDEENSHIRE COUNCIL
Name of Endowment | Purpose |
---|---|
Mrs Alice M Hastings Prize Fund | For prize for fifth year secondary pupils for Instrumental Musical ability and surplus for school purposes at Peterhead Academy |
McKinnon Prize Fund | For prizes in Mathematics and Domestic Science to pupils at Peterhead Academy |
Francis J Mitchell Prize Fund | For Nature Study prizes to pupils at Monquhitter School |
Alexander Reid Prize Fund | For dux prize and/or prize in Chemistry at Peterhead Academy |
Rosehearty Heritage Museum | For maintenance of articles in the museums |
W B Sutherland Trust | Prizes for Peterhead Academy |
A L West Fund | For prize in Navigation, Commercial or other modern subject |
Mrs Sarah Sheriff Prize Fund | For prizes to pupils at Peterhead Academy |
William Joiner Trophy | To provide an annual trophy (at the discretion of the Head Teacher) to pupils at Whitehills School |
Agnes Bruce Prize | St Combs School |
Agnes Bruce Prize | Fetterangus School |
Mrs Joan Buchan Bequest | For prizes for Mintlaw Academy |
G B Cruickshank Bequest | For prizes to pupils at Hatton (Cruden) School |
Miss V Davie Bequest | For provision of the Allan Davie Prizes to pupils at Banff Academy |
John A Dickie (Peterhead) Prize Fund | For prizes in essays at Peterhead Academy |
George Roy Duthie Memorial Prize Fund | For prize to pupil most proficient in Mathematics at Fraserburgh Academy |
John Walker Bequest | For the furtherance of educational purposes in schools in the New Deer area |
Ramsay Keith Fund | For Westfield School for pupils with profound severe learning difficulties |
RELATING TO FORMER GORDON DISTRICT | |
H & R Addie Prize Fund | For prizes for pupils at Rhynie School |
Miss Jean L A Baxter Prize Fund | For prize for best poem or short story in Braid Scots by pupils at Echt School |
Andrew Cooper Prize Fund | For prize to pupil most proficient in handwriting at Chapel of Garioch School |
Charles Durno Prize Fund | For prizes to dux of Oyne School |
Barbara C Ferguson Prize Fund | For prizes to pupils at Daviot School |
Irvine Prize Fund | For prizes to a boy and girl in senior class at Pitmedden School |
William Kidd Prize Fund | For prizes to best first and second year pupils in the secondary Ellon Academy |
Captain J H Loutit Bequest | For improvements to Belhelvie Community Centre hut and sports ground |
Lumsden Prize Fund | For prizes to a boy and girl in the senior class at Tarves School |
John S Marshall Bequest | For benefit of St Andrew’s School, Inverurie |
William Martin Prize Fund | For prize to pupils at Lumsden School |
James Merson Trust | For general purposes of the Gordon Schools, Huntly |
Mrs Jemima Murray Prize Fund | For prizes to pupils at Meldrum School |
James Paton Trust Fund | For prizes and bursaries for pupils of Kintore School |
Alfred Penny Prize Fund | For prize to sixth year pupil most proficient in Mathematics at Gordon Schools, Huntly |
RELATING TO FORMER KINCARDINE AND DEESIDE DISTRICT | |
Andrew Cooper History Prize Fund | For prize to pupil most outstanding in History at Mackie Academy |
Luthermuir School Centenary (Gala Week) Prize | For the best two pieces of Creative Writing (poetry or prose), one piece to be on a Scottish or local theme |
Robert and Jenny T Watson Trust Fund | For purchase of library/reference books for Portlethen School |
Alex Jenkins Trust | For purchase of library materials for Arduthie Primary School |
Constance Wilson Bequest | To be used for the benefit of Carronhill School |
GENERAL | |
46.8% of the Rose Hip Fund | To be used at the discretion of the officer appointed by Aberdeenshire Council for the purpose |
PART IIIMISCELLANEOUS ENDOWMENTS TRANSFERRED TO MAORAY COUNCIL
Name of Endowment | Purpose |
---|---|
Keith Field Club | For various purposes to be decided by Chairman of Education Committee, Director of Education and Rector of Keith Grammar School |
E Moconachie Bequest | For prize in Music to pupils at Keith Grammar School |
Mrs Christina Strathdee Fund | For prizes at Speyside High School, Aberlour |
Miss Charlotte Thomson Prize Fund | Keith Grammar School— Prize for Latin |
Allan Prize Fund (Speymouth) | To provide a pocket bible for the boy and girl attending Garmouth School who in writing shall answer ten written questions taken from any of the four Gospels from the shorter Catechism |
Miss E S G Anderson Bequest | For prizes to pupils at Mosstowie School |
Australian Delegation Prize | For essay prize to Elgin Schools |
Alexander Cameron Prize Fund | For prizes to pupils attending Dallas School |
Miss C Cameron Bequest | For dux medal or prizes to pupils at Hopeman School |
R Innes Cameron Prize Fund | For book prizes to pupils at Hopeman School |
A G Cook Bequest | For “Kennedy Prizes” to pupils attending Elgin Academy and Lossiemouth High School |
William Gall Fund (Drainie) | For prizes for Religious Instruction to pupils attending Lossiemouth High School |
William Gall Fund (Elgin) | For prizes for Religious Instruction to pupils attending Elgin Burgh Schools |
George Geddes Bequest | For prizes to pupils attending Garmouth School |
Florence Gillies Foundation Trust | For prizes for pupils of Speyside High School |
Mrs Rachel Gordon Bequest | For prizes to be called “Ex Provost Alexander Gordon’s Prize” for Rothes Secondary School |
Pamela Simpson Grant Prize | For prizes to pupils attending Garmouth School |
Miss M B Hutcheson Bequest | For annual Christmas treat to children attending Bogmoor School |
Elizabeth May Jack Prize Fund | For prize in music in the secondary department of Rothes School |
Mrs Jeannie Jackson Bequest | For the “Elsie Annand Taylor Prize” in English and German at Milne’s High School |
Ronald A Knox Bursary | For prizes to pupils at Elgin Academy to be known as “The Alexander Knox (Burghead) Award” and “The William Forsyth Award” |
J Ramsay MacDonald Prize Fund | For dux medal and prizes to each of the Lossiemouth and Drainie Schools |
Miss P I MacDonald Prize Fund | For English Prize at Rothes School |
D MacDonald Prize Fund | For prize to best pupil in French at Tomintoul Schools |
Mrs Louisa McDonald Bequest | Capital and income to be applied for such purposes as will be for the benefit of pupils of Rothes Junior Secondary School |
Miss Margaret McFarlane Dux Prize Fund | For dux prize at New Elgin Primary School |
Rev John Mair Bequest | For prizes for Bible Knowledge to pupils at Bishopmill School |
Donald Manson (Edinkillie) Fund | For bursaries of children of Edinkillie |
Donald Manson (Forres Burgh) Fund | For bursaries to children at Forres |
William Melvin Fund | For provision of the Wood Melvin Reward for Merit for Science Studies at Elgin Academy |
George Pirie Dux Fund | For dux prize to the third year Forres Academy |
John Pringle Bequest | For assistance to students at Aberdeen University from Elgin Academy |
William Ramsay Bequest | For prizes to scholars attending New Elgin |
Brig Gen Robb Dux Medal Prize Fund | For dux medal at Rothes School |
17.3% of the Rose Hip Fund | To be used at the discretion of the officer appointed by Moray Council for the purpose |
Russell Fund | To go towards the equipment of a school library called “The Russell Library” and for an annual prize to the best boy or girl for attainment in practical subjects at Dyke Primary School |
Andrew Smith Bursary Fund | Bursaries for Forres Burgh |
Mrs Margaret Stephen Bequest | For prizes to pupils at Elgin Girls Technical School |
John E Sutherland Bequest | For gold medal to the dux of Class V at Elgin Academy |
Mrs Helen Clark Thomson Bequest | For Christmas treat to pupils at Bogmoor School (with powers to expend capital) |
Tulloch Pirie Memorial Prize Fund | For dux prize to Forres Primary School |
Continuation Class Exhibition Fund | For benefit of Continuation Class at Keith Grammar School |
Vass Bequest | For clothing for six indigent boys and girls in the Parish of Dyke |
Mrs Isabella P L Watson Bequest | For the benefit of Archiestown School (with power to expend capital) |
SCHEDULE 2AMENDMENTS OF BANFFSHIRE EDUCATIONAL TRUST SCHEME 1976
1
The Banffshire Educational Trust Scheme 19769 shall be amended in accordance with this Schedule.
2
Subject to the following paragraphs, for the word “Council”, wherever it appears in the Scheme, substitute “governing body”.
3
In paragraph 2(1)—
a
delete the definitions of “Council” and “Education Committee”; and
b
insert after the definition of “County” the following definition:—
“governing body” means the Governors of the Banffshire Educational Trust established and incorporated by paragraph 5;
4
For Part II and paragraphs 7 to 9 in Part III substitute—
PART IIFUNDS OF THE TRUST
Endowments vested in the governing body3
The endowment of the Banffshire Educational Trust (comprising the endowments listed in Parts I and II of Schedule 1 and any additional donations received since 22 January 1976), having been transferred from Grampian Regional Council to the governing body and vested in them on 1 April 1996 by paragraph 8 of the Educational Endowments (Grampian Region) Transfer Scheme 1996, shall remain vested in the governing body and be held, administered and applied by them exclusively in accordance with the provisions of this Scheme.
Annual payments into the Trust4
1
The endowments listed in Part III of Schedule 1 shall remain vested in their respective Trustees.
2
The said Trustees shall continue to pay each year to the governing body the sum shown in column (3) opposite the name of the respective Trustees shown in column (2) all of Schedule 2. The sums so paid shall form part of the income of the Trust.
PART IIACONSTITUTION OF THE GOVERNING BODY
Establishment and incorporation of the governing body5
1
For the purpose of carrying this scheme into effect there shall be established a Joint Board of Aberdeenshire and Moray Councils, to be known as “The Governors of the Banffshire Educational Trust”, which as from 1 April 1996 shall be the governing body of the Banffshire Educational Trust as successor to Grampian Regional Council in accordance with paragraph 8 of the Educational Endowments (Grampian Region) Transfer Scheme 1996.
2
The Governors of the Banffshire Educational Trust shall be a body corporate and have a common seal, and shall have all rights,powers and privileges of a body corporate.
Composition of the governing body5A
The governing body shall consist of—
a
three persons to be elected by Aberdeenshire Council being members of that Council; and
b
three persons to be elected by Moray Council being members of that Council.
Election of governors5B
The election of governors under paragraph 5A may be by the relevant Council themselves or may be delegated to a committee of that Council.
Period of office5C
1
Subject to paragraph 5D, each governor shall hold office until the 30th June following the next ordinary election of councillors of the Council which elected him to the governing body.
2
Where in such an ordinary election a governor is not re-elected as a councillor that shall not prevent his continuing to hold office as governor until 30th June in accordance with sub-paragraph (1).
Resignations etc5D
1
Save as provided by paragraph 5C(2), any governor shall be deemed to have vacated office as governor on ceasing to be a member of the Council which elected him.
2
Any governor who intimates in writing his resignation of office, or who has had his estate sequestrated or has made a trust deed for creditors or who becomes incapacitated to act, or who for the period of one year and without reasonable cause fails to attend any meeting of the governing body, shall be held to have vacated office.
Re-election5E
Any governor on the expiry of his period of office shall, subject to the provisions of paragraph 5D, be eligible for further election to the office of governor.
Vacancies5F
1
Every vacancy whether occasioned by the expiry of a term of office as a governor, or by resignation or any other cause, shall be entered in the minute book.
2
Each vacancy shall be intimated by the clerk of the governing body to the Council entitled to elect a successor. In the case of a vacancy caused by the expiry of the normal term of office, the intimation shall be made not less than one month before the date of the vacancy and in any other case as soon as may be after its occurrence. The intimation shall request the Council concerned to elect a successor within three months of its receipt.
3
If the Council entitled to elect a governor fails to do so within the said period of three months,it shall be in the power of the governing body to appoint a successor provided that the person appointed shall be a person eligible to be elected by the said Council. Any appointment under this sub-paragraph shall be deemed to be an election by the Council entitled to make the election.
Validity of proceedings of the governing body5G
The proceedings of the governing body shall not be invalidated by any vacancy among the governors or by any defect in the election of any of the governors, subject always to the provisions of paragraph 8.
Execution of deeds5H
All deeds and other writings, sealed with the common seal and signed by one of the governors, shall be held to be validly executed on behalf of the governing body.
Transitional arrangements5I
1
The terms of office of the governors who are first elected under this Part of the Scheme shall be deemed to have begun on 1st April 1996.
2
Aberdeenshire and Moray Councils shall use their powers of election under paragraph 5A so as to ensure that the membership of the governing body is complete as soon as practicable after 1st April 1996.
3
Aberdeenshire and Moray Councils shall arrange for the first meeting of the governing body to be held as soon as practicable after 1st April 1996.
Chairman5J
The governing body shall appoint a chairman from their own number at an ordinary meeting held at such period of the year as they may determine. They may make such arrangements under paragraph 9 of this scheme as they think fit for filling his place in the case of his absence.
Committees5K
1
The governing body may appoint such committees of their own number as they think fit, appoint the convener of each committee, confer on each committee all such powers and give all such instructions as may appear expedient and fix the quorum of each committee.
2
The governing body may appoint as additional members of any committee persons not being members of the governing body whom they deem specially fitted to assist in the work of such committee and any persons so appointed shall hold office for such period as the governing body may determine.
PART IIIADMINISTRATIVE ARRANGEMENTS
Administrative staff6
1
The governing body may appoint a clerk or factor or such other officers as they consider necessary, at such reasonable salaries and under such conditions of service as they may determine.
2
Any officer of the governing body whose duties include intromissions with the funds vested in the governing body shall find such caution for his intromissions as the governing body may require.
3
A governor acting as clerk, factor or other officer of the Trust shall not be entitled to any remuneration.
Meetings of the governing body7
1
The governing body shall hold at least two ordinary meetings in each year at such place and time as they may determine.
2
The chairman may at any time convene a special meeting of the governing body.
3
Any two governors may for any cause which seems to them sufficient require a special meeting to be convened by giving notice in writing to the clerk of the governing body specifying the business to be transacted.
4
At least seven days' notice of meetings shall be given and such notice, which shall be in writing, shall specify the date, time and place of the meeting and the business to be transacted.
5
Notwithstanding the provisions of sub-paragraph (4) above, the chairman or any governor duly authorised by the chairman may convene a meeting on less than seven days' notice. No resolution or motion carried at such a meeting shall be valid unless it is voted for by a majority of the governors then in office or it is confirmed by a subsequent meeting convened under the provisions of sub-paragraph (4) above.
Quorum of the governing body8
1
At all meetings of the governing body three shall form a quorum and, subject to the provisions of paragraph 7(5), all questions shall be determined by a majority of the governors present. In any case where there is an equality of votes, the chairman of any meeting shall have a second or casting vote in addition to a deliberative vote.
2
If at any time appointed for a meeting or if before the business of any meeting has been completed the number of governors present is less than three, the governors present shall adjourn the meeting to such day or time as they may determine and the provisions of paragraph 7(4) shall apply.
Rules and standing orders9
Subject to the provisions of this scheme, the governing body may make such rules and standing orders for the regulation of their proceedings, the keeping of records and such other matters connected with the business of the governing body as they think fit.
5
In paragraph 21(6), delete the words “Council as”.
6
In paragraph 33, delete the words “Council as”.
7
In paragraph 42, for the words “the Council and of the Education Committee” substitute “Aberdeenshire and Moray Councils”.
SCHEDULE 3AMENDMENTS OF GOVERNING INSTRUMENTS
Robb’s Trust Scheme 19341
1
Robb’s Trust Scheme 193410 shall be amended in accordance with this paragraph.
2
In section 2—
a
in subsection (1), for “the County Council of Aberdeen” substitute “Aberdeenshire Council”; and
b
in substitution (2), for “the Town Council of Aberdeen” substitute “Aberdeen City Council”.
3
In section 4, for “the Town Council or County Council” substitute “Aberdeenshire or Aberdeen City Council”.
4
In section 22(1), for “the County Council of Aberdeen” substitute “Aberdeenshire Council”.
Moray and Nairn Educational Trust Scheme 19352
1
The Moray and Nairn Educational Trust Scheme 193511 shall be amended in accordance with this paragraph.
2
For the words “the Joint County Council”, wherever they appear in the Scheme, substitute “the Council”.
3
For section 5, substitute—
5
The business of the endowment may be conducted by the Council themselves or any or all of that business may be delegated to a committee of the Council.
4
In section 39, for the definition of “The Joint County Council” substitute—
“the Council” means Moray Council as constituted under section 2 of the Local Government (Scotland) Act 199412;
Sharpe’s Trust Scheme 19553
1
Sharpe’s Trust Scheme 195513 shall be amended in accordance with this paragraph.
2
In section 3—
a
in the heading, delete the word “County”;
b
for subsections (2) and (3) substitute—
2
Aberdeenshire Council and Moray Council shall each appoint a member of the Council to be a trustee. Each such appointment shall be made within three months after each ordinary election of councillors or after a vacancy occurs. Each such trustee shall hold office until the next ordinary election of councillors or until he ceases to be a councillor if earlier and shall be deemed to have been assumed as a trustee under the deed. During his period of office he shall have the same powers, duties, privileges and liabilities as the other trustees acting thereunder.
3
The appointment of each such trustee may be made by the Council themselves or may be delegated to a committee of the Council.
c
delete subsection (4).
3
In section 9(2)—
a
delete “County”; and
b
for “Director of Education” substitute “proper officer”.
The Aberdeenshire Educational Trust Scheme 19554
1
The Aberdeenshire Educational Trust Scheme 195514 shall be amended in accordance with this paragraph.
2
For the words “the County Council”, wherever they appear in the Scheme, substitute “the Council”.
3
In section 1(1)—
a
for the definition of “The County” substitute—
“The County” means the area of the former County of Aberdeen and the burghs situated therein, but excluding the area of the former County of the City of Aberdeen, as those areas existed immediately before 16th May 1975;
b
for the definition of “The County Council” substitute—
“The Council” means Aberdeenshire Council acting as governing body of the Aberdeenshire Educational Trust;
4
In section 4—
a
For subsection (1) substitute—
1
Subject to subsection (3), the business of the endowment may be conducted by the Council themselves or any or all of that business may be delegated to a committee of the Council.
b
delete subsection (2); and
c
in subsection (3), for the first reference to “the Education Committee” substitute “the Council” and for the subsequent references to “the Education Committee” substitute “the Council, or any committee of the Council to which the business is delegated”.
Kincardineshire Educational Trust Scheme 19625
1
The Kincardineshire Educational Trust Scheme 196215 shall be amended in accordance with this paragraph.
2
For the words “the County Council”, wherever they appear in the Scheme, substitute “the Council”.
3
In section 2—
a
in subsection (2), delete paragraphs (b) and (c);
b
in subsection (3)—
i
for paragraph (a) substitute—
a
six persons elected by the Council from among the members of the Council representing electoral wards lying wholly or partly within the County;
ii
delete paragraph (b); and
iii
in paragraph (f), for “Kincardine” substitute “Aberdeenshire” and at the end add “who live or work in the County.”.
4
For section 4(1) substitute—
1
The election of governors from the Council may be by the Council themselves or may be delegated to a committee of the Council.
5
In section 5—
a
for subsection (1) substitute—
1
each governor elected by the Council shall hold office until the next ordinary election of councillors;
b
delete subsection (2).
6
In section 12(1) and at both places in section 12(2), for “five” substitute “four”.
7
In section 20(4) and (6), for “County Council of Aberdeenshire” substitute “Council”.
8
In section 50(1)—
a
for the definition of “County” substitute—
“County” means the area of the former County of Kincardine and the burghs situated therein, as that area existed immediately before 16th May 1975;
b
for the definition of “County Council” substitute—
“Council” means Aberdeenshire Council;
c
delete the definition of “electoral area”.
Dick Bequest Trust Scheme 19796
1
The Dick Bequest Trust Scheme 197916 shall be amended in accordance with this paragraph.
2
In section 2(1), for the definition of “area of benefit” substitute—
“area of benefit” means the area comprising—
- a
the local government area of Aberdeenshire excluding the area of the former County of Kincardine;
- b
the local government area of Moray; and
- c
those parts of the former County of Moray lying within the local government area of Highland and the former parishes of Abernethy and Duthill;
3
For section 4(c) substitute—
c
one person of experience in education to be elected by Moray Council, residing in the area of that Council;
d
two persons of experience in education to be elected by Aberdeenshire Council, of whom one shall reside in the former Banff and Buchan District and one in the former Gordon District.
4
In section 24, for the words “to the Grampian Regional Council and to the Highland Regional Council” substitute “to Aberdeenshire, Moray and Highland Councils”.
Scheme for the administration of the legacy of Robert Nicol7
1
The Scheme for the administration of the legacy of Robert Nicol17 shall be amended in accordance with this paragraph.
2
In clause 2, for “four” substitute “three” and for “one” substitute “two”.
3
In clause 3, delete “The Chairman of the Education Committee of Grampian Regional Council”.
4
In clause 3A, for the first sentence substitute—
One nominative trustee shall be appointed by Aberdeenshire Council and the other by Aberdeen City Council.
5
After clause 29 add the following clause:—
30
In this Scheme, any reference to the City or County of Aberdeen is to the area comprised in the former City or the former County of Aberdeen immediately before 16th May 1975.
City of Aberdeen Educational Endowments Scheme 19858
1
The City of Aberdeen Educational Endowments Scheme 198518 shall be amended in accordance with this paragraph.
2
Subject to sub-paragraph (8), for the words “Grampian Regional Council”, wherever they appear in the Scheme, substitute “Aberdeen City Council”.
3
For section 1(2)(a) substitute—
a
three persons to be elected by Aberdeen City Council;
4
In section 2(2)—
a
in paragraph (a), for “Convener of Grampian Regional Council” substitute “Lord Provost of Aberdeen City Council”;
b
in paragraph (b), for sub-paragraph (i) substitute—
i
three persons to be elected by Aberdeen City Council;
5
For section 3 substitute—
3Aberdeen City Council
Aberdeen City Council shall be the governing body for the purposes of executing the functions set forth in Part VI.
6
In section 4—
a
for subsection (1) substitute—
1
The elections of trustees under paragraph (a) of subsection (2) of section 1 and of governors under paragraph (b)(i) of subsection (2) of section 2 may be by Aberdeen City Council themselves or any or all such elections may be delegated to a committee of the Council.
b
in subsection (2), for “Director of Law and Administration” substitute “proper officer”;
c
in subsection (3), for “Director of Law and Administration” and “Director” substitute in each case “proper officer”.
7
In section 6, delete the words from “provided that” to the end.
8
For section 12 substitute—
12Vesting of funds in Aberdeen City Council
The endowments referred to in sections 62 and 63, which were vested in the Corporation of the City of Aberdeen, then in Grampian Regional Council as statutory successors to that Corporation, and which are now vested in Aberdeen City Council (by virtue of paragraph 3(1)(a) of the Educational Endowments (Grampian Region) Transfer Scheme 1996) shall remain vested in Aberdeen City Council and shall continue to be held by them as separate funds which shall be administered and applied exclusively in accordance with the conditions and provisions of this Scheme. The fund formerly known as the Grampian Regional Council Prize Fund shall be known as the Aberdeen City Council Prize Fund.
9
For section 20 substitute—
20Business arrangements of Aberdeen City Council
The business of Aberdeen City Council under sections 62 and 63 may be conducted by the Council themselves or any or all of that business may be delegated to a committee of the Council.
10
In section 25(iv), for “Grampian Regional Council superannuation fund” substitute “the fund established by regulations under section 7 of the Superannuation Act 197219 applicable to former employees of the Trust”.
11
In section 64(2), for “Director of Education” substitute “proper officer with responsibility for education”.
12
In the Third Schedule—
a
in the entry relating to Summerhill Academy Bursary, in column (2), for “City of Aberdeen District area” substitute “area of the former Aberdeen District as it existed immediately before 1st April 1996”; and
b
in the entry relating to Secondary School Bursaries for Boys and Girls, in column (2), for “Grampian Region” substitute “area of the former Grampian Region as it existed immediately before 1st April 1996”.
Oakbank School Trust Scheme 19889
1
The Oakbank School Trust Scheme 198820 shall be amended in accordance with this paragraph.
2
For section 2(1) substitute—
1
Nine persons to be elected by Aberdeen City Council, of whom not fewer than five shall be experienced in education and not fewer than four shall be experienced in social work;
3
For section 3(3) substitute—
3
The election of governors by Aberdeen City Council may be by the Council themselves or may be delegated to any extent to a committee or committees of the Council.
4
For section 4 substitute—
4
Governors shall, subject to section 5 of this Scheme, hold office until 30th June following the next ordinary election of councillors of Aberdeen City Council.
5
Delete section 5(1).
The Grampian Regional Council Milne’s Institution Trust Scheme 199110
1
The Grampian Regional Council Milne’s Institution Trust Scheme 199121 shall be amended in accordance with this paragraph.
2
For the words “Regional Council”, wherever they appear in the Scheme, substitute “Council”.
3
For section 2 substitute—
2
The business of the endowment may be conducted by the Council themselves or any or all of that business may be delegated to a committee of the Council.
4
In section 15—
a
after the definition of “commencement date” insert the following definition:—
“Council” means Moray Council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 acting as governing body of Milne’s Institution Trust;
b
delete the definition of “Regional Council”.
(This note is not part of the Order)