A.D. 1928. (Scotland). 13. In framing schemes the Commissioners shall, Benefits to so far as can be equitably arranged and as the circumbe extended stances of each particular locality require, provide for extending to both sexes the benefit of endowments. to both sexes. Tenure of office of teachers, &c. 14. (1) In every scheme the Commissioners shall 5 provide for the dismissal at pleasure of every officer in the employment of the governing body and of every teacher and officer in any endowed school to which the scheme relates provided that (i) the scheme shall make provision for the application in the case of the dismissal 10 of a certificated teacher of the provisions of section twentyone of the Education (Scotland) Act, 1908, and of section twenty-four of the Education (Scotland) Act, 1918, with 8 & 9 Geo. 5. the substitution of the governing body for the education authority, and with any other necessary modifications, 15 and (ii) the scheme may confer on any such officer or teacher (other than a certificated teacher) as aforesaid a right of appeal to such authority and on such conditions as to the Commissioners may seem fit. 8 Edw. 7. c. 63. c. 48. Inspection and audit. (2) Any such scheme may contain provision for the 20 removal of any religious test or qualification applicable to teachers. 15. (1) Every scheme shall provide for the periodical inspection of any school sharing in any endowment dealt with by the scheme in such manner as the 25 Department may from time to time prescribe, and, except in the case of a public or a grant-aided school, the cost of such inspection shall be paid out of the funds of the endowment to which the scheme relates. (2) Every scheme shall provide for the periodical 30 audit of the accounts of any endowment dealt with by the scheme in such manner and by such person as the Department may from time to time prescribe, and, except in the case of a university or theological endowment or of the Carnegie Trust, the person to be so pre- 35 scribed may be the accountant of the Department. (3) The cost of any audit in pursuance of the foregoing subsection shall be paid out of the funds of the endowment, and, where the audit is made by the accountant of the Department, there shall be chargeable and 40 included in the cost thereof such fees as the Department' with the consent of the Treasury may fix. (Scotland). 16. Before preparing the draft of a scheme for any A.D. 1928. endowment, the Commissioners may by themselves or inquiry. by any assistant commissioner hold such public inquiry Preliminary as they think proper, and shall give the governing body 5 or governing bodies an opportunity of being heard. 17. Any governing body or any governing bodies Governing jointly may within two months after the commencement body may of this Act give notice in writing of their intention to lodge draft submit a draft scheme for the consideration of the Com10 missioners, and if after such notice they submit such a scheme within four months after the commencement of this Act the Commissioners shall take it into consideration before preparing their scheme. scheme. draft 18. When the Commissioners have prepared the Printing 15 draft of a scheme, they shall cause it to be printed, and and publicaprinted copies of it to be sent to the governing body of tion of the endowment to which it relates, and shall also cause schemes. the draft, or a proper abstract thereof, to be published in such manner as they think sufficient for giving infor20 mation to all persons interested. schemes. 19. During two months after the first publication Objections of the draft of a scheme, the Commissioners shall receive to draft any objections made to them in writing by any public body or persons interested respecting such scheme, and 25 any amendments proposed thereon, and at any time after the expiration of such two months the Commissioners, if they think fit, may hold an inquiry, or they may refer the draft of the scheme, and the amendments proposed thereon, to an assistant commissioner, and direct him to 30 hold a local public inquiry concerning the subject-matter of such scheme. 20. As soon as may be after the expiration of the Framing of said two months, or the holding of such inquiry by the schemes. Commissioners, or the receipt by the Commissioners of the 35 report of the assistant commissioner on the local inquiry held by him (as the case may be), the Commissioners shall proceed to consider any objections made to them in writing respecting the draft scheme, and any amendments proposed thereon, and the report (if any), and 40 thereupon they shall, if they think fit, frame a scheme in such form as they think expedient, and submit it for (Scotland). A.D. 1928. the approval of the Department, provided that, where a scheme has been prepared and submitted in pursuance of this Act to the Commissioners, before the Commissioners have prepared the draft of a scheme, the Commissioners shall, if requested by the governing body who 5 submitted it, submit such scheme with their own to the Department. Consideration of schemes by Department. 21. The Department, as soon as a scheme is submitted to them, shall, before approving it, cause it, or a proper abstract of it, to be published in such manner 10 as they think sufficient for giving information to all persons interested, together with a notice stating that during two months after the first publication of such notice the Department will receive any objections made to them in writing by any public body or persons 15 interested respecting such scheme. After the expiration of the said two months, unless a case has been submitted to the Court of Session within the time and in the manner hereinafter provided, the Department may, if they think fit, approve the scheme or may remit the scheme to the 20 Commissioners, with such declaration as the nature of the case seems to them to require, and if they remit the scheme with a declaration the provisions contained in the immediately succeeding section shall apply. The Department as soon as they approve a scheme 25 shall forthwith, in such manner as they think sufficient for giving information to all persons interested, publish a notice that the scheme has been approved by them, and that unless within two months after the first publication of such notice a petition is presented to the Depart- 30 ment as in this section mentioned, the scheme may be approved by His Majesty by an Order in Council without being laid before Parliament. During the said two months a petition praying that the scheme may be laid before Parliament may be 35 presented to the Department by the governing body of the endowment to which the scheme relates, or by the town council of any burgh directly affected by the scheme, or by any education authority so affected, or by any ratepayers (not less than twenty) of any burgh or 40 parish or place directly affected by the scheme, or by any person or persons having a vested interest in the endowment or any part of it. (Scotland). Amended 22. Where a scheme is remitted with a declaration A.D. 1928. the Department shall transmit to the Commissioners any objections made to them in writing respecting schemes. such scheme, and the Commissioners may thereupon 5 proceed to prepare an amended scheme and may submit the same for the approval of the Department in the same manner and subject to the same provisions as are in this Act provided in the case of the approval of a scheme, and so on from time to time as often as 10 occasion may require. 23. A scheme of the Commissioners shall not be Quorum of submitted to the Department unless a majority of Commisthe Commissioners for the time being have signified sioners. in writing their approval of such scheme, but in all 15 other respects three Commissioners may act under this Act. may 24. The majority of members of a governing Quorum of body who are present at a meeting of their body duly governing constituted shall have power to do anything that body. 20 be required to be done by a governing body for the purposes of this Act: Provided that this power shall be in addition to and not in restraint of any power which any meeting of such governing body may have independently of this Act. 25 330 35 25. If Special case Session on law. (1) the governing body of any endowment to to Court of 40 such governing body, person, or body corporate may, (Scotland). A.D. 1928. the Commissioners shall and any others directly interested may be parties, for the opinion of the said Court on the question or questions therein stated, and if the Court is of opinion that the scheme is contrary to law on any of the grounds in this section mentioned, the 5 Department shall not approve thereof, but they may, if they think fit, remit the same to the Commissioners with a declaration as herein before provided. 31 & 32 Vict. c. 100. Deliverance of Court of Session expenses. Approval of schemes. Subject to the provisions of the immediately succeeding section, a case submitted under this section 10 shall be framed, lodged, amended, heard, and otherwise dealt with in the same manner, as nearly as may be, as a special case presented in terms of the sixty-third section of the Court of Session Act, 1868. 26. In any proceeding before the Court of Session 15 authorised by this Act, the judgment or deliverance of the Court shall be final and not subject to review; and the Court shall dispose of all questions of expenses, and may, if they think fit, direct the expenses or any part thereof (including the expenses of the Commissioners) 20 to be paid out of the funds of the educational endowment to which the proceeding relates: Provided always that it shall not be lawful for the Court to find the Commissioners liable in expenses. 27. If at the expiration of the time for a petition 25 to the Department praying that a scheme be laid before Parliament no such petition has been presented, it ... shall be lawful for His Majesty, by Order in Council, to approve such scheme without the same being laid before Parliament. If any such petition has been 30presented, the Department shall, as soon as may be, cause the scheme to be laid before both Houses of Parliament; and after it has lain two months before Parliament, then it shall be lawful for His Majesty by Order in Council to approve such scheme if no 35 address has been presented within such two months by either of the said Houses praying His Majesty to withhold his approval or to approve any part of the scheme to which any address so presented does not relate.. A scheme when approved by His Majesty in Council shall have full operation and effect from the date of 40 |