(Scotland). A.D. 1928. or the Carnegie Trust respectively shall be dealt with under this Act, the provisions of this Act shall apply to such endowment or Trust with the substitution for the Department of the Scottish Universities Committee of the Privy Council. Date of endowments. Mixed endowments. 5 5. Where part of an endowment has been given on or before the thirty-first day of December, nineteen hundred and twenty, and another part has been given after the said day, and the two portions cannot in the opinion of the Commissioners be conveniently separated 10 from each other, the date of the older part of the endowment shall be held to be the date of the endowment. 6. Where any part of an endowment is an educational endowment within the meaning of this Act, and part of it is applicable or applied to other charitable 15 purposes, the scheme shall be in conformity with the following provisions (except so far as the governing body of such endowment assent to the scheme departing therefrom), that is to say : (1) The proportion of the endowment or annual 20 income for the time being derived therefrom which is applicable to such other charitable uses shall not be diverted by the scheme from such uses unless in the opinion of the Commissioners- (a) there are no persons who are entitled to benefit out of such part of the endowment; or 25 25 (b) the purposes of such part of the endowment have failed altogether or have become 30 obsolete or useless or are otherwise sufficiently provided for; or (c) such purposes have become insignificant in comparison with the magnitude of such part of the endowment; or (d) such purposes have become prejudicial to the public welfare. (2) The proportion of the endowment or annual income for the time being so applicable to such 35 5 10 15 20 25 30 35 40 (Scotland). other charitable uses shall be deemed to be the A.D. 1928. uses (3) If the proportion applicable to other charitable (5) When any portion of the endowment or the uses. Subject to the foregoing provisions of this section, the Commissioners shall have power by any scheme (Scotland). A.D. 1928. to deal with such endowments, and with the governing body thereof, in the same manner in all respects as if the whole of it were an educational endowment. Non-educa tional endowments. Schemes by 7. Where the governing body of any endowment (not being an educational endowment) are of opinion 5 that it is expedient that the endowment should be dealt with by the Commissioners on any of the following grounds, viz. :— : (a) That there are no persons entitled to benefit out of the endowment; or 10 (b) That the purposes of the endowment have (c) That it is impossible, owing to the inadequacy the governing body may intimate in writing to the 8. (1) Where the Lord Advocate is of opinion on any such ground as is specified in the immediately preceding section of this Act that a scheme for the future 30 administration of any endowment to which this section applies should be framed, he may present a petition to the Court of Session for such a scheme and on any such petition the Court shall have power to frame a scheme for the future administration of the endowment 35 and for the application of the capital or income of the endowment to any purposes, as nearly as may be analogous to those contained in the governing instrument, as the Court shall think fit. (2) This section shall apply to any such endowment 40 as is mentioned in the immediately preceding section 5 (Scotland). or in paragraph (a) of subsection (1) of section four of A.D. 1928. this Act where the governing body of such endowment have not intimated their consent to its being dealt with under this Act. 9. For the purposes and subject to the provisions Endowof this Act, endowments for the payment of apprenticeship ments for fees, or for the advancement in life, or for the maintenance apprenticeor clothing, or otherwise for the benefit of poor children ship fees. shall be deemed to be and may be dealt with as edu10 cational endowments. 10. In framing a scheme for any endowment, the Vested Commissioners shall save or shall make due compensation interests. for the vested interests of individuals holding any office, place, employment, pension, compensation allowance, 15 bursary, or emolument under or arising out of the endowment at the date of the passing of this Act. Act. 11. Every interest, right, privilege, or preference Interests which any person may acquire after the passing of this acquired Act, in or relative to any endowment, or in the after 20 governing body thereof, or as member of as member of any such passing of governing body, or in or relative to any office, place, employment, pension, compensation allowance, bursary, or emolument in the gift of any such governing body, shall be subject to the provisions of any scheme made 25 under this Act; and the governing body of an educational endowment shall not, during the continuance of the powers of the Commissioners under this Act, begin to build, rebuild, or enlarge any school buildings, or teachers' residences, or buildings connected therewith, 30 except with the written consent of the Commissioners, or under the directions or powers of such a scheme, but this provision shall not prevent them from continuing any works begun before the commencement of this Act, or from doing anything necessary for the repair or main35 tenance of buildings or residences existing at the commencement of this Act. 12. In framing a scheme for any endowment, the Selection Commissioners shall provide that in making a selection of benefifrom amongst those eligible for the benefits of the ciaries. 40 endowment, due regard shall be paid to diligence, attainment and promise as ascertained in such manner as the Commissioners shall determine. 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. |