URE/S3/09/1/A
URE ELDER FUND TRANSFER AND DISSOLUTION BILL COMMITTEE
AGENDA
1st Meeting, 2009 (Session 3)
Tuesday 8 December 2009
The Committee will meet at 10.30 am in Committee Room 4.
1. Declaration of interests: Members of the Committee will be invited to declare any relevant interests.
2. Choice of Convener: The Committee will choose its Convener.
3. Choice of Deputy Convener: The Committee will choose its Deputy Convener.
4. Ure Elder Fund Transfer and Dissolution Bill - witness expenses: The Committee will be invited to delegate to the Convener responsiblity for arranging for the SPCB to pay, under Rule12.4.3, any expenses of witnesses on the Bill.
5. Decision on taking business in private: The Committee will decide whether to take item 6 in private.
6. Ure Elder Fund Transfer and Dissolution Bill: The Committee will consider its approach to the Preliminary Stage of the Bill.
Stuart Todd Clerk to the Ure Elder Fund Transfer and Dissolution Bill Committee Room T2.60 The Scottish Parliament Edinburgh Tel: 0131 348 5246 Email: [email protected] URE/S3/09/1/A
The papers for this meeting are as follows—
Agenda item 1
Committee Members' declaration of interests and declaration URE/S3/09/1/1 of impartiality
Agenda items 2 & 3
Choice of Convener and Deputy Convener URE/S3/09/1/2
Agenda item 4
Witness expenses URE/S3/09/1/3
Agenda item 6
Summary of Private Bill procedures URE/S3/09/1/4
Potential witnesses for Preliminary Stage URE/S3/09/1/5 (P)
Background papers
Ure Elder Fund Order Confirmation Act 1906 URE/S3/09/1/6
Amending Acts URE/S3/09/1/7
Paper on Mrs Isabella Elder URE/S3/09/1/8
URE/S3/09/1/1 Agenda item 1
URE ELDER FUND TRANSFER AND DISSOLUTION BILL COMMITTEE
Declaration of interests and impartiality
Introduction 1. At the first meeting of the Ure Elder Fund Transfer and Dissolution Bill (‘Ure Elder’) Committee, members of the Committee will be invited to make a declaration of interests. A member must declare an interest when attending or participating at a committee meeting where that interest relates to the subject being debated.
2. In previous Parliamentary sessions, it was established that Members should make an initial declaration of interests at the first meeting of each committee to the extent of that committee’s remit.
Declarable interests 3. Section 3 of the Code of Conduct explains in detail where declarations should be made and guidance is also available in Volume 3, Section 3.
4. Section 12 of the Interests of Members of the Scottish Parliament Act 2006 defines a declarable interest and defines the circumstances in which a member has a declarable interest in relation to any particular matter. A declarable interest is defined as being a declarable financial interest. A member has a declarable interest in relation to any matter if that member has, or had, a registrable financial interest relating to that matter.
5. It is the responsibility of the individual member to judge whether a registered interest is sufficiently relevant to particular proceedings to require a declaration. Members are advised at Paragraph 3.1 of Volume 3 Section 3 that members should ‘err on the side of caution’. Members may also seek advice from the Standards, Procedures and Public Appointment Clerks (the Standards Clerks).
6. Members are not required to declare interests which they have registered on a voluntary basis (i.e. those appearing in the “Voluntary” category on the Register).
Declaration of interests at the 1st Committee Meeting 7. In the previous Parliamentary session, it was established that members should make an initial declaration of interests at the first meeting of each committee to the extent of that committee’s remit. Section 3, paragraph 3.6 of the Guidance states that:
It has been established as good practice that members of a committee (including committee substitutes) should declare interests relevant to the
1 URE/S3/09/1/1 Agenda item 1 remit of that committee at the first meeting of the committee or on the first occasion on which they address the committee, irrespective of the business before the committee at that meeting. The same applies to any MSPs who although not members of the committee (or committee substitutes) expect to attend its meetings regularly.
8. At the first meeting of the Ure Elder Committee, the oldest member, who will be in the chair, will invite members to declare any relevant registrable interests. The declaration should be brief but sufficiently informative to enable a listener to understand the nature of the member’s interest. It is not necessary to rehearse all the details of an interest as it appears in the member’s entry in the Register of Interests if this is more than is required to explain the nature of the interest.
9. If members have any questions about what might constitute an interest relevant to the remit of the Ure Elder Committee, they should contact the Clerk to the Ure Elder Committee prior to the meeting. The Standards Clerks are also happy to provide advice.
Declaration of interests at subsequent Committee meetings 10. Members are also required to declare any registered interests which may be relevant to business discussed at subsequent committee meetings.
11. Where a member has an interest relevant to the proceedings, he or she must make a declaration of interest at each meeting in which he or she participates. This is to allow the public attending any committee meeting to be aware of the member’s interest. The declaration should be made at the start of the relevant agenda item or as soon as the member is able to make the declaration, but before otherwise participating in those proceedings. A declaration must be made whether a committee meets in public or in private. Where a relevant matter is discussed in both private and public at any single committee meeting, the declaration should, as good practice, be made during the public session even if it has already been made in private session.
12. Members should, as good practice, also declare any business or personal relationships they might have with any advisers or witnesses to the committee.
13. Members should also note that it is a requirement to make a declaration even if a member simply attends or votes at a meeting but does nothing else. In such cases the Parliament has determined that the member’s Register entry is sufficient declaration of their interest. Where the proceedings occur after the member has lodged a written statement with the clerks but before it is published in the Register, members are encouraged to make an oral declaration of that interest.
2 URE/S3/09/1/1 Agenda item 1
Further guidance 14. Further guidance on declaring registrable interests may be found in Volume 2, Section 3 of the Code of Conduct and Volume 3, Guidance at Section 3. The Standards Clerks are also happy to provide advice to Members.
Recommendation 15. Members are invited to make a declaration of interests at the first meeting of the Ure Elder Fund Transfer and Dissolution Bill Committee.
Declaration of impartiality 16. Standing Orders, Rule 9A.5.4A, states that:
Each member of a Private Bill Committee shall, at the first meeting he or she attends, declare that, in his or her capacity as a member of the Committee, he or she will act impartially and will base decisions solely on the evidence and information provided to the Committee.
Recommendation 17. Members are invited to make a declaration of impartiality at the first meeting of the Ure Elder Fund Transfer and Dissolution Bill Committee.
Clerk to the Committee December 2009
3 URE/S3/09/1/2 Agenda items 2 & 3
URE ELDER FUND TRANSFER AND DISSOLUTION BILL COMMITTEE
Choice of Convener and Deputy Convener
Introduction 1. This paper is designed to inform Members of the procedure for choosing a Convener and Deputy Convener at the first meeting of the Ure Elder Fund Transfer and Dissolution Bill (‘Ure Elder’) Committee.
Oldest Member 2. Standing Orders oblige all Committees to choose a Convener at their first meeting. Rule 12.1.6 states that the meeting is to be chaired by the Oldest Committee Member until a Convener is chosen. The “Oldest Committee Member” is defined as the oldest Member of the Committee present at the meeting and who has indicated to the Clerk that he or she agrees to chair the meeting.
Choice of Convener 3. On 26 November 2009, the Parliament agreed to motion S3M-5284 which resolved that Members of the Scottish Labour Party are eligible to be chosen as Convener of the Ure Elder Committee. The Oldest Committee Member will, following the declaration of interests, invite nominations from Members of that party for the convenership. There is no requirement for nominations to be submitted in advance of the meeting or to be seconded.
4. If only one nomination is received, Members will be asked to agree to the appointment.
5. In the event that more than one nomination is received, the Oldest Committee Member will call a division, putting the question on each nomination in turn and declaring the nominee with a majority support to be the Convener.
6. On being chosen by the Committee, the Convener will immediately take the chair and will convene the remainder of the meeting.
Choice of Deputy Convener 7. The procedure for choosing a Deputy Convener is the same as that for the Convener and will be conducted by the newly-appointed Convener. On 26 November 2009, the Parliament agreed that Members of the Scottish Conservative and Unionist Party would be eligible for appointment as Deputy Convener of the Ure Elder Committee.
Role of Convener and Deputy Convener 8. The duties and responsibilities of the Convener and Deputy Convener of a Parliamentary Committee are set out in Rule 12 of Standing Orders. Further
1 URE/S3/09/1/2 Agenda items 2 & 3 detail is provided in paragraphs 4.27 to 4.29 of the Guidance for the Operation of Committees (Second Edition) which can be can be found at: http://www.scottish.parliament.uk/business/parliamentaryProcedure/g- committee/cg-c.htm
Clerk to the Committee December 2009
2 URE/S3/09/1/3 Agenda item 4
URE ELDER FUND TRANSFER AND DISSOLUTION BILL COMMITTEE
Witness expenses
Background 1. Under Rule 12.4.3 of Standing Orders, the Committee may arrange for payment of expenses incurred by any witness invited to give evidence at a Committee meeting or to produce any documents as may be determined. Reimbursement is entirely at the discretion of the Committee.
2. The witness expenses scheme was established by the Parliament on 6 July 2000 (motion S1M-1086) and sets out the categories of claim that may be considered.
Action 3. The Committee is invited to delegate to the Convener responsibility for arranging for the SPCB to pay, under Rule 12.4.3, any witness expenses which arise during the Committee’s inquiry. However, in the event of the Convener rejecting a claim, it will be referred back to the Committee for consideration.
Clerk to the Committee December 2009
1 URE/S3/09/1/3 Agenda item 4
Annexe A
Motion S1M-1086 agreed on Thursday, July 06, 2000
Current Witness Expense Rates:
Claim Item 2009-2010 Rate
Overnight Expenses £101.72 per night max
Travel by Private Transport (with prior approval) Car 46p per mile max Motor Cycle 32p per mile max Pedal Cycle 15p per mile max
Travel by Public Transport Paid at Cost Travel by public transport paid at cost (includes taxi and plane fare but only with prior approval).
Subsistence less than 5 hours Nil 5 to 10 hours £5.39 max over 10 hours £11.65 max
Loss of Earnings £203.45 per ½ day max
Childcare £6.33 per hour max
Photocopying of Documents 12p per sheet max Postage of Documents Paid at Cost
These rates are broadly revised each year in line with the Retail Price Index. A new set of rates will apply from April of each year.
2 URE/S3/09/1/4 Agenda item 6
URE ELDER FUND TRANSFER AND DISSOLUTION BILL COMMITTEE
Summary of Private Bill procedures
Introduction 1. A Private Bill is a Bill which is introduced by a “Promoter” who can be an individual person, a body corporate or an unincorporated association of persons. By introducing a Private Bill, the Promoter is hoping to gain some additional powers or benefits in addition to or in conflict with the general law at the time of lodging the Bill. The role of the Parliament remains to legislate but, because of the nature of the issues at stake, it is also to arbitrate between competing private interests.
2. The Promoter will pay the Parliament a fee for introduction, currently set at £5,000 (reduced to £1,250 in certain circumstances).
The Bill 3. The Bill is being promoted by the Trustees of the Ure Elder Fund for Indigent Widow Ladies (‘the Fund’). The Fund is a registered Scottish charity.
4. This Bill is being proposed primarily to enable the Promoter to increase the amounts that can be distributed by way of annual grants. The Promoter also aims to modernise the Fund and enable it to assist more people than is currently possible under the 1906 restrictions whilst retaining the ethos of its original purposes.
5. The Bill is seeking to do this by setting up a new charitable vehicle (a trust) and transferring the rights and interests of the Fund into the new Trust. The existing Fund would then be dissolved and the Act of Parliament repealed.
Private Bills v Public Bills – the difference 6. Public Bills may be introduced by the Scottish Executive, an individual member or a committee convener, and these can range from major Bills to small amending Bills. They involve only changes to the general law and matters of public policy. On the other hand, Private Bills are different in that they involve measures sought in the private interests of the promoter, and to which others may object, also in a private capacity. Private Bills are, therefore, subject to different procedures than the procedures set out for a Public Bill. These procedures are outlined in the following paragraphs. The rules relating to Private Bills can be found at Chapter 9A of the Standing Orders.
The Committee 7. A Private Bill Committee is set up to consider and report to the Parliament on the Bill. The Committee consists of between three and five MSPs. The Committee will give preliminary consideration to any objections, in order to satisfy themselves that any objections lodged are based on reasonable claims that the Bill would adversely affect the objector’s interests.
8. It is a requirement that all members attend all meetings and substitutes are not allowed, absence is only allowed in exceptional circumstances. This is because the decisions of the Committee are open to judicial review.
1 URE/S3/09/1/4 Agenda item 6
9. Other MSP’s who are not members of the committee can attend Committee meetings only as observers and must sit in the public gallery. They are not allowed to sit at the table or to participate in any of the discussions. This also applies to any MP’s who may wish to attend the meetings.
10. An MSP cannot be appointed to the Committee if, he or she resides in the area affected by the Bill, or the constituency or region which he or she represents or any part of it, would be affected by the Bill. In proposing an MSP to be a member of a Private Bill Committee, the Parliamentary Bureau will also take into account the interests registered in the Register of Interests of Members of the Scottish Parliament. The aim is to have a Committee which is neutral and impartial.
11. Depending on the scope and complexity of the Bill, the Committee may have to sit outside Edinburgh. In the case of the Ure Elder Bill, it is anticipated that all meetings will be held in Edinburgh.
Procedure for a Private Bill 12. A Private Bill is introduced by the Promoter lodging the Bill and other accompanying documents with the clerks (these include explanatory notes and policy memorandum) at the Parliament. The accompanying documents must give explanations and details as to the background of the Bill, its purpose and the details of the scheme it promotes.
13. The Promoter must notify any person or group of persons that may be considered to be affected by the Bill. As well as preparing these documents, the Promoter must also place adverts in at least two local newspapers circulating in the area affected. These allow anyone who may be adversely affected by the measures sought to object.
14. There is a 60-day period from the introduction of the Bill before the Bill is considered by the Parliament. This is the period during which objections to the Bill must be lodged. For the Ure Elder Fund Transfer and Dissolution Bill this period expired on the 30 November and no objections have been received.
15. All Private Bills are subject to a three-Stage process:
• Preliminary Stage – which involves the Committee considering the general principles of the Bill, whether the Bill should proceed as a Private Bill and preliminary consideration of objections; • Consideration Stage – which involves the Committee taking evidence on any objections to the Bill and considering amendments. • Final Stage – which involves the Parliament considering further amendments and deciding whether or not to pass the Bill.
16. A separate Reconsideration Stage is also possible in certain circumstances.
Preliminary Stage 17. The Committee’s role is to produce a report on two issues, namely, whether the Parliament should agree to the Bill’s general principles, and whether it should
2 URE/S3/09/1/4 Agenda item 6 agree that the Bill is appropriate to proceed as a Private Bill. (Usually the Committee is also required to give preliminary consideration to any objections at this Stage).
18. In considering the general principles of the Bill, the Committee should consider the Bill as a whole and not dwell on the details. The Committee may wish to take oral evidence, especially if there are any doubts about the general principles, in order to give the Promoter an opportunity to clarify the situation.
19. Another point the Committee is asked to consider is that the Bill conforms to the definition of a Private Bill (Rule 9A.1.1) and any accompanying documents conform to Rule 9A.2.3 and that they will allow proper scrutiny of the Bill.
20. The third role of the Committee at the Preliminary Stage is to give preliminary consideration to any objections lodged and to decide on the objectors’ right to be heard at the Consideration Stage. (In this instance, there are no objections to consider).
21. Once the Committee has completed consideration of the above issues, it will prepare a report to the Parliament. The report will contain a recommendation to the Parliament on whether the general principles of the Bill should be agreed to and whether the Bill should proceed as a Private Bill.
22. After the report has been published, the next stage is the Preliminary Stage debate; this takes place on a motion, lodged in the name of the convener of the Committee. If the general principles are agreed to in Parliament, the Bill will proceed to Consideration Stage.
Consideration Stage 23. The overall purpose of the Consideration Stage is to consider the detail of the Bill. There are two distinct phases within this: the first involves the Committee meeting in a quasi-judicial capacity to hear evidence on the Bill and any objections to it; the second involves the Committee meeting in a legislative capacity to consider and dispose of any amendments.
24. Once the first phase has been completed - the hearing of evidence, the Committee usually prepares a report, giving its decisions on the objections considered with reasons where appropriate. There must be an interval of five sitting days before the Committee begins the second phase – formal proceedings on amendments. During this interval only Committee members may lodge amendments to the Bill.
Final Stage 25. The Final Stage takes place at a meeting of the Parliament. If the Bill has been amended at Consideration Stage, there must be nine whole sitting days between the last day at that Stage and the day on which Final Stage takes place.
26. Final Stage proceedings on amendments are similar to those at Consideration Stage, except that all members may lodge and vote.
3 URE/S3/09/1/4 Agenda item 6
27. After proceedings on amendments at the Final Stage are concluded, the Parliament must decide whether to pass the Bill. The convener of the Committee moves that the Bill be passed, and a general debate on the Bill may take place.
Clerk to the Committee December 2009
4
Glasgow corporation Order 4 & 5 ELIZ, 2 Ch lviii 4 & 5 ELIZ, confirmation Act, 1956
as they authorise the compulsory purchase of such land or whereas it i (as the case may be) the interest therein of the person on which may I whom the notice to treat was served shall cease; 1906 should (b) if part only or such person's interest in part only of such (1) Notv land is acquired in pursuance of the notice to treat the said trus powers so far as they authorise the compulsory purchase of the remainder or (as the case may be) such person's interest in the remainder of such land shall cease. te in Rorrowina 6.—{1) The Corporation may borrow for the purposes of the w for tramway Tramways Acts any sum of money not exceeding two million pounds ar in addition to (a) the sum of ten million six hundred and twenty one thousand nine hundred and eighty-five pounds authorised to be of borrowed by the Tramways Acts and (b) the sum of seventyone at thousand two hundred and eighty-one pounds nine shillings and nine to pence author ised to be borrowed by the Govan Burgh (Tramways) (2) Sectic Act 1893 (the tramway& belonging to the former burgh of Govan of 1 having been vested in the Corporation by the Glasgow Boundaries Ordm Act 1912) and they shall pay off all moneys so borrowed within the beret period of thirty years from the date of borrowing. have (2) If after having borrowed the said sum hereby authorised there or any part thereof the Corporation pay off the same by other means than by sinking fund they may reborrow the same. les pe: (3) The amount borrowed by the Corporation for the purposes to of the tramway undertaking whether in exercise of their powers under 0 the Tramways Acts and this Order or at common law shall not exceed in amount the total sum they are authorised to borrow by 9. The costs the Tramways Acts and this Order. for obtaining thereto shall hi saving for 7. Nothing in this Order shall authorise the exercise of any the several ur controIon power of borrowing money or the making of any issue of capital proportions as borrowing. otherwise than in compliance with the provisions of any order for the time being in force made under section 1 of the Borrowing (Control and Guarantees) Act 1946 or of suction 259 of the Local Government (Scotland) Act 1947 as amended by subsection (1) of section 4 of the Local Government (Scotland) Act 195L
Amendment of 8. Whereas the indigent widow ladies connected with Glasgow Ure Eider Fund or (3ovan to whom relief may be granted in terms of the Urn Elder Order 1906. Fund Order 1906 (in this section referred to as ' the Order of 1906 ") and the trust deed therein referred to arc by the said trust deed defined as those who have not an income of fifty pounds per annum And whereas by section 41 (Amendment of Ure Elder Fund Order 1906) of the Glasgow Corporation Order 1929 the said amount of fifty pounds was increased to one hundred pounds and the amounts of the annuities which may be- granted were also increased And whereas it is expedient that the said amount of fifty pounds as increased by the said Order of 1929 should be further increased as provided in this section and for the avoidance of doubt it is also expedient that in computing the amount of income for the purposes of the Order of 1906 and the said trust deed charitable grants and pensions and similar payments should be left out of account And 4 ion Order 4 & 5 ELtZ. 2 4 & 5 Euz, 2 Glasgow C'orporation Order Ch. lviii t, 1956 Conjiuinallon Act, 1956 ory purchase of such land or whereas it is further expedient that the amounts of the annuities rest therein of the person on which may be granted by the trustees incorporated by the Order of served shall cease; 1906 should be increased as provided in this section Therefore— interest in part only of such (1) Notwithstanding anything in the Order of 1906 or the said of the notice to treat the said trust deed or in the said Order of 1929- ise the compulsory purchase case may be) such person's (a) the said trustees shall have power to grant relief in tch land shall cease. terms of the Order of 1906 and the said trust deed to indigent widow ladies connected with Glasgow or Govan frw for the purposes of the whose income does not exceed two hundred pounds per xceeding two million pounds annum; six hundred and twenty-one (b) in computing in the case of any widow the amount o pounds authorised to be of her income account shall not be taken of any charit- (b) the sum of seventy-one able grant or charitable pension received by or payable unds nine shillings and nine to such widow or any other such payment made to her: e G-ovaii flurgb (Traniways) the former burgh of Govan (2) Section 23 (Amount of annuities to be granted) of the Order of 1906 and section 41 (Amendment of Ure EIder Fund by the Glasgow Boundaries Order 1906) of the Glasgow Corporation Order 1929 are neys so borrowed within the hereby repealed and the Order of 1906 shall be read and borrowinll have effect as if the following section wore substituted tid sum hereby authorised therefor as section 23 thereof: - off the same by other means "Any annuity to be granted to a widow shall not be ow the same. less than twelve pounds or more than one hundred pounds rporation for the purposes per annum or in the case of a widow living with a relative to whom an annuity is paid by the trustees less than ten rercise of their powers under pounds or more than ninety pounds per annum." at common law shall not e authorised to borrow by 9. The costs charges and expenses of and incident to the preparing Costs of Order. for obtaining and confirming of this Order or otherwise in relation thereto shall be paid by the Corporation and shall be allocated among torise the exercise of any the several undertakings and services of the Corporation in such ing of any issue of capital proportions as the Corporation may deem expedient. rovisions of any order for nrtion I of the Borrowing f section 259 of the Local nided by subsection (I) of and) Act 1951. connected with Glasgow —c---- in terms of the tIre Elder o as "the Order of 1906") re by the said trust deed of fifty pounds per annum of Ure Elder Fund Order 1929 the said amount of J pounds and the amounts were also increased And nount of fifty pounds as tld be further increased as idance of doubt it is also if income for the purposes leed charitable grants and left out of account And
iW ion. [19 Gso. [19 a ° . .5.] Glasgow Corporation [Ch. Ix.] (1, 1929. tlnkr Confirmation Act, 1929. I,,
311 running omnibuses stibstiti ito bcfurc interrupting the traffic on any such AD. 1929. y to the Minister to street liighivay road lane PtlL quay bridge railway r this section on the tranaY or passage or the flow of water gas sewage or roe for the time being 0jectricity or telephonic communication in any such :i ie unsuitable for th0 sewer drain wercourse mill lade mill darn shuice pipe or has been unfairly en.. apparatus as tue case may be and making compensation on the Minister after all persons injuriously affected by the exercise of the iade to him by the powers granted to the Corporation under this Order: lation to which the Provided that nothing in this section contained shall extend to authorise aiiy interference with— by the Corporation (a) any telegraphic line (as defined in the Telegraph icr the provisions of Act 1878) or other property of His Majesty's 3h could have been Postmaster-General; or visions of section 28 (b) any works of any undertakers within the meaning Glasgow Corporation of the Electricity (Supply) Acts 1882 to 1926 d section 28 so far as to which the provisions of section 15 of the snake any byclaw to Electric Lighting Act 1882 apply except in It tion shall cease to accordance with and subject to the provisions as provided in this of that section. n shall prejudice or ion under the said 40. Section 7 of the Town Councils (Scotland) Act Anmncliucnt, eunder and any such 1923 respecting the powers of returning officers at the of Town passing of the Act election of parish coiincfflors in the city shaii be read tatters in respect of and have effect as if the words "sections three and four" Act 1925, under this section were inserted therein in lieu of the words "sections two ate when any such and three" occurring in that section. I,s made In(ler the fftet. 41. Whereas the indigent widow ladies connected AIaondrno!It with Glasgow or Govan to whom relief may he granted of Uro in Elder terms of the TJre Elder Fund Order 1906 and the trust Fund Order deed therem referred to are by the said trust deed defined bOG, as those who have not an income of fIfty pounds per annum and it is expedient that the trustees incorporated the construction of by the said Order should have power to grant such relief and ru. maintaining to indigent widow ladies connected with Glasgow or us of this Order the Oova.n whose income does not exceed one hundred pounds ak up or cross over per annum And whereas it is expedient that the amounts iighways ioads 'anes of annuities which may be granted in terms of section 23 ays passages sewers (Amount of annuities to be granted) of the said Order ill darns sluices gas should bc increased as in this section provided Therefore ;elephonic a)paratl1s notwithstanding anything contained in the said Order leposited plans and or the trust deed therein referred to the trustees incor- ferenee which they porated by the said Order shall have power to grant relief lose purposes so to ni terms of the said Order and trust deed to indigent a proper temporary widow indies connected with Glasgow or Govan whose 29 [Cli. ix. Glasgow Corporation [19 tho, 53 (19G50.5] Order Confinnation Act, 1929. Oil H AD, income does not exceed one hundred pounds per amiu - and section 23 of the said Order shall be read and have effect as if the words "iifty" and "forty" vcre sub. liEDU[1 stitu ted for the words " twenty-five" and "twenty" L. Tiw respectively occurring in that section. (REF1RR TO IN As to 42. The open spaces in the former burgh of Pollok. 'rilE MARGIN' Pollok- haws referred to iii subsection (3) of section 47 (Provjsj0 TO SELL PAP haws open as to Pollokshaws) of the Act of 1912 and transferred 8paco. to the Corporation under the provisions of that Act and known as Greenbank Park Ann Square Well Green PaL Barrhead Road Green Knowe Shawhull Park and Colledge Street Green shall cease to I orin part of the common good and shall be held and maintained by the Corporation old Kilpatriek acting under the Parks Acts in all respects as if such open spaces had been purchased or acquired by them under the Parks Acts.
Crown 43. Nothing in this Order shall affect prejudicahly WIL-LLUI I R:tc.Itt) Co riglit. any estate right power privilege or exemption of the:
Crown or shall subject to the provisions of this Order any lu b pItr. ioL 4r _LiLI aLl II ' ' L, I land buildings or works vested in or occupied by the *MlI T Crown or any department of His Majesty's Government except to such extent as His Majesty or such department may voluntarily agree and in particular nothing herein contained shall authorize the Corporation to take use or in any manner interfere with any portion of the shore or bed of the sea or of nny river channel creek bay or estuary or any land heritages subjects or rights of what- i Li. soover description belonging to His Majesty in right of His Orown and under the management of the Commisi sioners of Crown Lands or of the Board of Trade respce- tively without the consent in riting of the Commissioners of Crown Lands or the Board of Trade as the case may.. be on behalf of His Majesty first had and obtained for that purpose costs of 44, All costs charges and expenses of and incident, Order. to the preparing for obtaining and confirming of thi Order or otherwise in relation thereto shall be paid by the Corporation And may be allocated by them aniong8 such of the departments of the Corporation as they may deem expedient and if paid out of borrowed moneys shall be repaid. out ol revenue within five years from the dat of the passing of the Act conftrithng this Order.
30 P •1
r Confirmation Glasgow Corporation Order confirmation c lxviii Act 1971
And whereas the purposes aforesaid cannot be effected without an Order confirmed by Parliament under the provisions of the Private Legislation Procedure (Scotland) Act 1936: 1936 c. Now therefore, in pursuance of the powers contained in the last- )RATION mentioned Act, the Secretary of Slate orders as follows:—
J.---(1) This Order may be cited as the Glasgow Corporation Order Short and - 1971.. colleciivc titles. !th respect to the granting of /e liquor at the City i-Jail, (2) This Order shall be included among the Acts and Orders which c provisions of i/se Glasgow may be cited together as the Glasgow Corporation Acts 1855 to 1971. solidation Order 1937 with uses; to snake provision will: 2. in this Order the following words and expressions have, unless Inierpretation. agreement; to make provision there be something in the subject or context repugnant to such con- rsons in certain circumstances struction, the meanings hereby assigned to them, that is to say:-- Ice further provision as to tire 'Jder Fund for indigent widov "city" means the city and royal burgh of Glasgow; "City Hall " means the City FlaIl, Candleriggs, Glasgow; Corporation" means the Corporation of the city of Glasgow. fGlasgow (hereinafter referred Members of respectively) are vested with 3. For the avoidance of doubt it is hereby declared that the members 11censng court ration of the city and are the of the licensing court of the city shall not he disqualified from acting tg in the granting or confirming of a certificate for the sale of excisable cerlilicates iii liquor in the City Hall solely by virtue of their being town councillors, respect of City J-Ia1l sion should be made as herein- 4. Section 173 (Wash-houses) of the Glasgow Streets Sewers and Amendment of ing of certificates for the sale 173 dleriggs, Glasgow: Buildings Consolidation Order 1937 shall be read and have effect as Section if the following words were omitted therefrom, namely:— the provisions of the Glasgow "or (b) to provide a new wash-house (including the fittings and Buldus olidation Order 1937 with and appliances therein) or offices in lieu of any such wash- g1ton house or offices which have been closed or removed ".. 1937 c. xliii. 5. Notwithstanding the repeal of section 11 of the Development As to e Lands Clauses Acts should and Road Improvement Funds Act 1909, for the purpose of enabling nuistm the Corporation acquire land the Corporation to complete the acquisition by agreement of any lands cting or improving a highway: for the purpose of constructing or improving a highway, title may be 1909 c.47. taken by the Corporation by a conveyance in the foini set out in enactment of section 30 of the Schedule (A) to the Lands Clauses Consolidation (Scotland) Act 1845 and the provisions of the Lands Clauses Acts (except the provisions i45 c 19. doubts have arisen as to the of those Acts with respect to the purchase and taking of land other of the Glasgow Corporation than by agreement) shall apply to any such acquisition. 1960 to imprison without the s circumstances set forth in the 6. For the avoidance of doubt it is hereby declared that the poweis Penalty in case :nt that the magistrates should of the court under section 188 (Additional penalty in case of certain of previous previous convictions) of the Glasgow Corporation Consolidation convictions (General Powers) Order 1960 are not affected by the provisions of 1960 C. iii. e provisions contained in this section 30 (1) of the Criminal Justice (Scotland) Act 1963. 1963c 39. 'und for indigent widow ladies 7. Whereas the indigent widow ladies connected with Glasgow or Amendment or Govan to whom relief may be granted in terms of the Ure 1der Fund Ure Elder Order 1906 (in this section referred to as "the Order of 1906") and Order ic further provisions contained the trust deed therein referred to are by the said trust deed defined as those who have not an income of fifty pounds per annum: 1906 c. ccviii. 4 c. lxxiii G1a.sott- Corporation Order confirmation Act 1971
And whereas the said amount o fifty pounds. having by the Glasgow 1929 c, ix Corporation Order 1929 been increased to one hundred pounds, was (19 Geo. ) further increased to two hundred pounds by the Glasgow Corporation 956 e lviii. Order 1956 and to three hundred pounds by section 8 (Amendment of lire Elder Fund Order 1906) of the Glasgow Corporation Order 1962 c xxxii. 1962: And whereas it is no longer relevant that indigent widow ladies should be defined by reference to their income and it is expedient that the powers of the trustees incorporated by the Order of 1906 should cease to be restricted in this respect: Be it therefore enacted as follows:— Notwithstanding anything in the Order of 1906 or the said trust deed or hi the said Order of 1962 the said trustees shall have power to grant relief in terms of the Order of 1906 and the said trust deed to indigent widow ladies connected with Glasgow or Govan notwithstanding that the income of such indigent widow ladies exceeds three hundred pounds.
Costs of Ordcr 8. The costs, charges and expenses of and incidental to the preparing for, obtaining and confirming of this Order or otherwise in relation thereto shall be paid by the Corporation.
PRINTED IN ENGLAND 1W TI{E OYEZ IRESS LTD. FOR C H nAyL1s CD Coot roIIr of H M.ojty', St4tionery Oflic d Queero Prtler of of Pax5aront LONDON: PUBLISHED BY HER MME5TY'S SIATYONERY OFFCE 5p net
SNI3 10 517371 Cli, xxxii G/asgotv Corporal ion 10 & 11 ELIZ, 2 10 & 11 £L,IZ. 2 Order confirmation Act, 1962
apparatus appliance for the regulation or control of traflic, 9. The costs, cli, tramway or trolley vehicle standard or other apparatus forming for, obtaining and part of the tramway undertaking of the Corporation, air pipe, thereto, shall be pr ventilator or other apparatus forming part of the water under. the several under taking of the Corporation or connected with any sewer, or any proportions as the receptacle for the temporary deposit and collection of dust, ashes or rubbish or any sand-bin belonging to or set up by the Corporation" Ta Deduction from 7—(l) In consideration of the cleansing and lighting by the Clyde te rnesPectd Trustees of their quays, wharves, sheds and streets pursuant to the lighting of provisions of section 28 (As to cleansing of quays etc. by Clyde Trust- ees) and section 36 (As to lighting of quays etc. by Clyde Trustees) quays, etc. by Glasgpw Police Act, Clyde Trustees, olthe Order of 1960 there shaflbe deducted from the annual assessment Infectious Diseases to be levied upon the Clyde Trustees by the Corporation in each year Public Health (Scoti such percentage of the total amount of the burgh rate which would Private Legislation have been payable by them in that year in respect of their said quays, 1936 wharves and sheds (ii such deduction weru not made) as shall be equal to four-fifths of the percentage which the estimated net expenditure of Public Health (Scoti; the Corporation on lighting and cleansing the city during that year Food and Drugs (Sc forms of the total estimated amount to be raised by way of the burgh rate for that year. (2) Section 48 (As to lighting and cleansing of quays, &c. by Clyde Trustees) of the Glasgow Police Act, 1866, section 7 (Deduction to Clyde Trustees in respect of lighting and cleansing) of the Glasgow Corporation Order, 1919, and section 10 (Deduction to Clyde Trustees in respect of lighting and cleansing of quays etc.) of the Glasgow Corporation Order, 1961, are hereby repealed. (3) This section shall be deemed to have come into operation on the first day of June nineteen hundred and sixty-one.
Amendment of 8. Whereas the indigent widow ladies connected with Glasgow Ure Elder Fund Order, 1906 or Govan to whom relief may be granted in terms of the Ure Elder Fund Order 1906 (in this section referred to as "the Order of 1906 ") and the trust deed therein referred to are by the said trust deed defined as those who have not an income of fifty pounds per annum: And whereas the said amount of fifty pounds, having by the Glasgow Corporation Order 1929 been increased to one hundred pounds, was further increased to two hundred pounds by section 8 (Amendment of Ure Elder Fund Order 1906) of the Glasgow Corporation Order 1956: And whereas it is expedient that the said amount should be further increased as provided in this section: Be it therefore enacted as follows:- (I) Notwithstanding anything in the Order of 1906 or the said trust deed or in the said Order of 1956, the trustees tfl corporated by the Order of 1906 shall have power to grant relief in terms of the Order of 1906 and the said trust deed to indigent widow ladies connected with Glasgow or Govan whose income does not exceed three hundred pounds per annum (2) Paragraph (a) of subsection (1) of the said section 8 of the PRIrTE said Order of 1956 is hereby repealed. Cotr*ller ci Hcr ai 4
0036-9330/88/102710249 $2OO in USA Scot Mcdi 1988; 33: 249-250 1988 Scottish Medical Journal
Mrs ISABELLA ELDER, LL.EL, PIONEER AND PHILANTHROPIST
Ci McA!pine Department of Geriatric Medicine. Royal Alexandra Hospital. Paisley
Abstract: Mrs Isabella Elder contributed much during her lifetime to further the education of women of all ages and of al/levels of attainment. She gifted North Park House to Queen Margaret College in Glasgow as a home in 1884. With her encouragement a medical school for women in Glasgow was opened in Queen Margaret College in 1890. The standard was high and when women were admitted to the Universities in 1892, the first Queen Margaret medical students were able to graduate in 1894. She pioneered a system of teaching home economics in Go van, assisted the development of a district nursing service and built the Elder Cottage Hospital.
Key words: Isabella Elder, Queen Margaret College and Medical School, District Nursing in Govan, Elder Cottage HospitaL
UMBER six, Claremont Terrace is in an elegant to that of Universities. The problem remained that the N Victorian terrace bordering on Kelvingrove Park in the students could not graduate with degrees at Glasgow. Good West End of Glasgow. For the 36 years of her widowhood, courses were established in Arts and Science subjects and it was the home of a remarkable lady described as 'a true Mrs Elder wrote many letters to influential people to obtain woman, a wise benefactress of the public and of learning'. recognition for the College and to solve the problem Born in 1828, Isabella was the only daughter of regarding degrees. Alexander Ure, a writer (solicitor) in Glasgow. She Sympathetic also to the desire of women to train as married in 1857 John Elder, engineer and shipbuilder in doctors Mrs Elder encouraged and helped greatly in the Govan. He was described as a man of genius 2 whose marine establishment of a medical school within Queen Margaret engine designs enabled ships to travel further and so College. This school commenced in October 1890 and its opened up shipping trade. Sadly, in 1869, when only 45 advent was reported in the British Medical Journal. 8 A years of age, John Elder died, leaving a wealthy widow with letter from Mrs Campbell of Tullichewan Castle, one of the no children.. dedicated women who strove to form Queen Margaret After managing with undiminished success 3 her hus- College, indicated that she would have liked to call it 'The band's huge shipbuilding concern for nine months after his death till other partners were found, Mrs Elder's health caused her to spend time abroad However, she was not to lead an idle existence. She had lost a brilliant husband and one who himself had philanthropic ideas, 45 She endeav- oured, 'to think what he would have liked her to do for science, for education and above all for the physical and moral welfare of the working classes of Govan' . Thereafter the University of Glasgow, the Technical College (now Strathclyde University) were among the many who were to benefit from her generosity. This article highlights the contributions she made towards the develop- 4c I - ment of higher education as well as medical education for I women and also the help she gave to the people of Govan ij to improve and maintain their health and welfare J r ,v ,' lit , p - J i I Queen Margaret College and the Queen Margaret College I Medical School The present Glasgow University buildings at Gilmorehill k opened their doors in 1870 after moving from the High Street The new university was just across Keivingrove Park 's ¼ from Mrs Elder's home, Women students were not .- accepted into the University and until 1877 there were no facilities for the higher education of women. An Association was formed at that time in Glasgow for that purpose and in 188.3 it was incorporated into a College, - Queen Margaret College Mrs Elder was involved in this movement and in 1884 she bought North Park House (now the BBC), a mansionhouse situated near the Botanic Gardens in Glasgow's West End and gave it, along with the grounds, to the College as a home It was the first and only College in Scotland to offer women higher training similar Fig.. 1. Portrait of Mrs Isabella Elder, IL D Correspondence to: Dr C Joan McAlpine. Department of Geriatric Engraved on steel from a photograph taken in 1888 when she was 61) years Medicine. Royal Alexandra HospitaL Paisley PA29PN old 249
Pioneer and Philanthropist McAlpine
Elder School of Medicine' in recognition of the efforts of elsewhere, Women were to be trained in district nursing Mrs Elder.9 and also as Certificated Midwives for the Highlands and In February, 1892, the University Commissioners other districts. " appointed under the Universities (Scotland) Act of 1889, In 1902, when 74 years of age, she had yet another issued an Ordinance empowering the University Courts to project nearing completion. This was the building and admit women students either to the ordinary classes or by equipping of a Cottage Hospital for the people of Govan instituting separate classes. The College buildings, with Mrs and it was opened in 1902. She originally intended this to be Elder's consent, were transferred to the University in 1893 a Maternity Hospital with a female staff perhaps seeing this by formal Deed of Gift on condition that they should be as complementary to the Home. Indeed, carved in the used exclusively for women students. It was further stated stonework above the door is a mother and child., However, that the teaching in the College for women students must be she came to the conclusion that it would be of more value to equal to that provided for men10 the community if it was a general hospital catering to men The University Court was also empowered in 1892 to and women. The whole expense of building, furnishing allow women to obtain University degrees in Arts, Science complete with X-ray apparatus and running the hospital and Medicine, Glasgow University at once exercised this was borne by Mrs Elder until her death in 1905, right and the classes in medicine held in Queen Margaret The Elder Cottage Hospital had .30 beds in two wards, College from the start of its medical school were recog- named appropriately by Mrs Elder, the Sophia Jex Blake nised. Four women medical students graduated MB CM in and the Florence Nightingale wards, Both Miss Nightingale 1894, one with high commendation. These were the first and Dr Sophia Jex Blake were contemporary with Mrs women to graduate in Medicine at a Scottish University Elder The little hospital closed in October 1987. Improving the health of Covan Unique tribute While all this was taking place in Glasgow, Mrs Elder had As part of the celebrations of its ninth jubilee in 1901, not forgotten Govan where her husband made his fortune. Glasgow University awarded Mrs Elder the degree of Govan was at that time a separate burgh from Glasgow and LID. This was the first time that women had been so remained so till 1912. She bought 37 acres of ground honoured and altogether there were four ladies listed opposite Fairfield's shipyard, where her husband's ship- Unfortunately, Mrs Elder's poor health precluded her building firm was and had it laid out as a public park, which attending the ceremony she gave to the people of Govan. This was to afford a place The working people of Govan who already at their own for healthful recreation. wish had contributed money, as they could afford it, to About the time the park was ready for opening in 1885 erect a statue to her husband almost 20 years after his Mrs Elder established in Govan a school for women in death, now contemplated the same tribute to their generous cooking and 'other branches of domestic economy'. She benefactress, Mrs Isabella E.lder. She had given them had a most innovative idea which was to improve the among other things, a park, a library (still functioning) and nutrition of the poorer classes, She engaged a Miss Martha a hospital She knew of their intention and was touched by Gordon who gained the confidence of those who needed the project which she felt was too ambitious Sadly she died help and classes met twice a week. If asked, Miss Gordon on 18 November 1905 before it was completed.. would go to the houses in the district to give practical I-Icr statue stands in the rosegarden of the Elder Park instruction facing the shipbuilding yard while that of her husband, John This enterprise was noted by the US Consul in Glasgow Elder, is nearby. The statues of husband and wife, tributes who sent a report to the United States " The Education from the public they served, are unique in Glasgow Act (1872) was only recent and comment was made in the ACKNOWLEDGEMENTS I would like to thank Dr DA Dow, University British Medical Journal that this work was so valuable it Archivist, for his help and encouragement in the preparation of this paper. should not have been left to 'private philanthropy which is I also thank my secretary Mrs CM Stone. for her careful t yping of the not too often exercised with so much practical wisdom as is manuscript displayed by Mrs Elder R. E F E R E N C ES In addition to these classes, Mrs Elder also arranged for a I The Bailie. Glasgow. No 582. 12 December 1883 course of lectures to women on the influence of food, 2 MacQuorn Rankine. Wi A Memoir of John Elder. Edin & Lond Blackwood & Sons. 1871. p5 clothing cleanliness and ventilation upon health, the 3 MacQuorn Rankine. Wi A Memoir of John Elder. Edin & Lund proper care of children, the nature of infectious diseases Blackwood& Sons. l87l.pSO and the prevention of their spread By 1890, Mrs Elder had 4 MacQuord-Rankine. Wi A Mcmoir.of John Elder Edin & Lund. added a further department to her scheme by providing a Blackwood & Sons, 1871; p58 district nurse to give instruction in classes and when invited 5 The Elder Park. Govan. Glasgow Maclehose. & Sons, 1891; p35. 6 The Elder Park. Govan, Glasgow Maclehose & Sons, l891; The she would visit the people's homes She would also be at the Statue of John Elder; p128 service of the local doctors.'3 7 Glasgow University Archives (GUA) 26795. Minutes of Exec Council of Queen Margaret College. 9 January 1884 District nursing and the Elder Cottage Hospital 8 BMJ Vol I, 14 June 1890 p1385 In Scotland at this time (1901), the Duchess of Montrose 9 Ure Elder Fund for Indigent Widow Ladies. QUA D C 122/8 Letrer founded the Cottage Nurses Training Home The object from Mrs Campbell to Mrs Elder U April 1890. was to bring the village system of nursing which was 10 Ure Elder Fund for Indigent Widow Ladies GUA 0 C 122/8 Letters from Mrs Elder to Miss Galloway 28 Juie 1891 and 12 July 1891 successful in England, to Govan. This was almost a natural 11 The Elder Park Govan. Glasgow Maclehose &Sons, 1891; Appendix progression from the start that Mrs Elder had made in 1890 G, p196-199 when she provided a district nurse in Govan. It was not 12 BMJ Vol 114 June 1890; p1385-l386. unexpected that the Duchess's scheme would appeal to her 13 The Elder Park. Govan. Glasgow Maclehose & Sons, 1891; appendix and she gave the enterprise its original home. The Cottage G;p196-199 14 The Statue of John Elder, Govan Cossar, Govan 912. p58-60 nurses were to provide nulsing at home for maternity cases 15 GUA 24179. Letter from Mrs Elder to Clerk of Senate. University of for the working classes and the poor in Govan and Glasgow,6Junc 1901 250