1996 No. 478 (S.42)

LOCAL GOVERNMENT, SCOTLAND
EDUCATION, SCOTLAND

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.

Raymond S RobertsonParliamentary Under Secretary of State, Scottish OfficeSt Andrew’s House,Edinburgh

SCHEDULETHE EDUCATIONAL ENDOWMENTS (GRAMPIAN REGION) TRANSFER SCHEME 1996

Article 2

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

Paragraphs 3, 4 and 5

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

RELATING TO FORMER BANFF AND BUCHAN DISTRICT

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

Paragraph 8

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

Paragraph 9

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—

    1. a

      the local government area of Aberdeenshire excluding the area of the former County of Kincardine;

    2. b

      the local government area of Moray; and

    3. 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)

This Order makes a Scheme for the transfer of interests in educational endowments from Grampian Regional Council and the district councils within Grampian Region, namely Aberdeen, Banff and Buchan, Gordon, Kincardine and Deeside and Moray District Councils to the new unitary Aberdeen City, Aberdeenshire and Moray Councils established under the Local Government etc. (Scotland) Act 1994.

The transfer takes effect on 1st April 1996, the day when the new unitary councils take up their functions and the existing regional and district councils cease to exist.

Educational endowments are defined in section 122 of the Education (Scotland) Act 1980. Essentially they are property, heritable or moveable, dedicated to charitable educational purposes. Regional councils as education authorities are most likely to have an interest in them but district councils may also have such an interest.

Paragraphs 3, 4 and 5, of the Scheme, with Schedule 1, provide for the transfer of specific educational endowments, powers with respect to such endowments, and where appropriate rights to payment of money out of endowments, from Grampian Regional Council to Aberdeen City Council, Aberdeenshire Council and Moray Council respectively.

Paragraph 6 makes general provision for transfer of any interests in educational endowments, vested in Grampian Regional Council or their office-holders or nominees, which may not have been caught by the specific provisions of paragraphs 3, 4 and 5. The general provision is, however, subject also to any specific amendments of governing instruments by Schedules 2 and 3. Paragraph 6 transfers interests to the new council (or their office-holders or nominees) for the area where the educational establishment to which the endowment relates is situated, or where it does not relate to a particular establishment to the council for the area in which the beneficiaries reside or with which they are required to have a connection. Where these rules do not apply or do not indicate a single council, the interest is transferred to the council for the area with which the endowment is most closely connected.

Paragraph 7 makes general provision for transfer of any interests in educational endowments of the district councils (or their office-holders or nominees) to the new councils which take over responsibility from their areas. Again this is subject to Schedules 2 and 3.

Paragraph 8 with Schedule 2 provides for transfer of Grampian Regional Council’s interests in the Banffshire Educational Trust. In place of Grampian Regional Council a new governing body is constituted, which is a Joint Board of Aberdeenshire and Moray Councils. The endowments comprised in the Banffshire Educational Trust and relevant powers and rights are transferred to the new governing body.

Paragraph 9 with Schedule 3 provides for amendments of the governing instruments of educational endowments consequential on local government reorganisation and on the provisions of the Scheme.

Paragraph 10 makes consequential provision for references in governing instruments of educational endowments to local authorities or persons in whom endowments, power or rights were formerly vested to be construed as references to the Councils or person in whom they are vested under the Scheme.

Paragraph 11 makes provision for termination of appointments to governing bodies made by existing local authorities.

Copies of governing instruments specifically referred to in this Order are available from the Student Awards Agency for Scotland, Gyleview House, 3 Redheughs Rigg, Edinburgh, EH12 9HH.