c i e

AT 2 of 1923

THE EDUCATION ENDOWMENTS ACT 1923

The Education Endowments Act 1923 Index

c i e THE EDUCATION ENDOWMENTS ACT 1923

Index Section Page

1 Short title ...... 6 2 [Repealed] ...... 6 3 Definitions...... 6 4 Transfer of properties in 2nd Schedule to Central Authority ...... 6 5 Cancellation of right of entry, etc ...... 6 6 Reservation ...... 6 7 Transfer of 3rd Schedule property to Vicar and Wardens and others ...... 9 8 Transfer of endowments of Athol Street School to Council ...... 9 9 Commencement of Act ...... 9

FIRST SCHEDULE 11 SECOND SCHEDULE 11

THIRD SCHEDULE 12

ENDNOTES 13 TABLE OF LEGISLATION HISTORY 13 TABLE OF RENUMBERED PROVISIONS 13 TABLE OF ENDNOTE REFERENCES 13

c AT 2 of 1923 Page 3

The Education Endowments Act 1923 Section 1

c i e THE EDUCATION ENDOWMENTS ACT 1923 Received Royal Assent: 11 October 1923 Passed: 6 November 1923 Commenced: 6 November 1923

AN ACT [to vest certain school premises in the Central Education Authority]

GENERAL NOTES 1. References to the Council of Education and the Isle of Man Central Education Authority are to be construed as references to the Department of Education; see Education Act 1923 s 11, Isle of Man Board of Education Act 1946 s 2, Isle of Man Education Act 1949 s 169(1)(e), Education Act 1968 s 4, Education Act 1986 Sch 2 para 2. 2. References to the Registry Office for Deeds are to be construed in accordance with the General Registry Act 1965. Preamble Whereas certain parochial schools and school masters’ houses have, under the provisions of the Education Acts, been transferred, leased, or let to school boards by vicars and wardens of certain parishes and other trustees thereof, reserving in certain cases nominal rents and the use of such premises on Sundays and certain week-days and out of school hours, and also the right of entry for the purpose of giving religious instruction and conducting religious examinations and for other purposes. And whereas it is desirable that such school premises should be absolutely vested in the Isle of Man Central Education Authority for the purposes of public education and that the right of entry should be abolished. And whereas certain premises in various parishes and districts in this Island which were formerly used for the purpose of public education, either solely or for secular education and religious instruction, have for many years past been used exclusively for religious and social purposes, and it is desirable that, in consideration of the proposed transfer to the Isle of Man Central Education Authority and the extinguishment of the right of entry, such premises should be vested in the respective vicars and wardens and other religious authorities by whom the same are now used freed from any trust for secular education.

c AT 2 of 1923 Page 5

Section 1 The Education Endowments Act 1923

1 Short title This Act may be cited as “The Education Endowments Act, 1923”.

2 [Repealed]1

3 Definitions In this Act “the Council” means the Council of Education; “the Central Authority” means the Isle of Man Central Education Authority.

4 Transfer of properties in 2nd Schedule to Central Authority The properties specified in the second schedule to this Act are hereby absolutely transferred to and vested in the Central Authority and its successors for the purposes of the Education Acts, 1893 to 1920, in all respects as if such properties had been acquired or erected by such Authority, together with all the furniture, fittings, fixtures and effects in or about such properties and used by the Central Authority for the purpose of the education given by such Authority.

5 Cancellation of right of entry, etc All rights, reservations, covenants, conditions and restrictions contained in any deed, transfer, letting, lease or other document of or in relation to any of the properties specified in the second schedule to this Act are hereby vacated and shall henceforth be null and void.

6 Reservation (1) The Central Authority may from time to time, with the approval of the Council, sell by public auction or private treaty any property vested in the Central Authority for the purposes of public education (and not being property in respect of which rights are reserved to the vicar and wardens or chaplain and wardens under this Act) which are not required by such Authority for such purpose. Any proceeds of such sale after payment of the costs and charges incidental thereto shall be applied by the Central Authority in paying off any loans, charges, or liabilities which may have been incurred by the Central Authority or by any school board or higher education board in respect of the premises so sold, and any balance of such proceeds shall be applied in such manner and for such capital purposes with the approval of the Council as the Central Authority may determine. (2) Should any of the properties specified in the second schedule to this Act, transferred with reservations, at any time hereafter cease to be required by the Central Authority for the purposes of public education, or cease to be required by the vicar and wardens who have certain rights of user thereof, for the purposes for which such rights are by this Act granted or

Page 6 AT 2 of 1923 c

The Education Endowments Act 1923 Section 6

reserved, thereupon the Central Authority or vicar and wardens, as the case may be, may give notice in writing to that effect to the other party. When such notice has been given, the value of such property shall be ascertained by agreement between the parties, or, failing such agreement, by arbitration under the provisions of the Arbitration Act, 1910. From the date of such notice the rights of the party giving the same to use the premises in respect of which such notice is given shall terminate, and the other party shall be entitled to use the premises for all the purposes authorised by this Act, or for any other purpose of a public, parochial, or educational character, and, where such premises or portion thereof consist of a dwelling-house, may let such dwelling-house. Where any such notice is given by the Central Authority, such Authority shall thereupon cease to be liable for the maintenance and repair of such premises, and may remove from the premises all loose fittings and effects placed therein by the Central Authority or any School Board or Higher Education Authority. The agreement or valuation of the arbitrators appointed under this section shall be recorded in the Registry Office for Deeds, in the books of the parish in which such property is situate, and when so recorded shall constitute and create a lien or charge on the premises valued to the extent of one-half of the value thereof so ascertained. The lien or charge shall bear interest from the date of giving notice of ceasing to use the premises at the rate of five per cent. per annum, payable yearly; and such interest shall be paid where notice has been given by the vicar and wardens to such vicar and wardens, and shall be applied by them for the purposes of religious instruction of children and young persons of their parish, and where such notice has been given by the Central Authority to such Authority to be applied by them for such purposes of education for the benefit of such parish as the Council may approve. Provided always that such lien or charge shall not be called in or required to be paid or discharged so long as the interest thereon is regularly paid within one calendar month after the same becomes due. But should such interest not be paid as hereinbefore provided, the party to whom the same is payable may give six months’ notice, in writing, of his intention to call in the principal of the lien or charge, and at the expiration of such time may apply for and obtain execution therefor out of the Civil Division of the High Court, to be enforced against the property subject to such lien. Should the party continuing to have the right of using any such property cease to require the same for the purposes for which they are authorised by this Act to be used, such party may give notice in writing to that effect to the other party, and thereupon such property shall be sold, and the net proceeds of sale after discharging the expenses of the sale and the balance of any moneys authorised to be borrowed in respect of such property shall be divided equally between the Central Authority and the vicar and wardens, to whom the right of user of such property is by this Act given or reserved, and shall be held by them respectively upon trust, to invest the same upon any authorised investments, and the Central Authority shall apply the income from any such investments made by

c AT 2 of 1923 Page 7

Section 6 The Education Endowments Act 1923

them for such purposes of education for the benefit of the parish in which such property is situate as the Council may approve, and the vicar and wardens shall apply the income from any such investments made by them for the purpose of religious instruction of children and young persons of such parish. Upon any sale taking place under the foregoing provisions, the lien hereinbefore authorised to be created shall cease and determine.2 (3) The transfer effected by section 4 of this Act is made subject to and with the following reservations: — (a) The Rector and Wardens of for the time being shall be entitled to use the Andreas Old Parochial School completed on portion of the Rector’s Glebe under the provisions of the Andreas School Act, 1836, and the enlargements thereof, and the furniture therein, on all Sundays, for the purpose of a Sunday school in connection with the parish church, and on occasional week-days for the purposes in connection with such church when not required for the purposes of education provided by the Central Authority. Provided always that no building or erection shall be placed on the portion of the Rector’s Glebe used for the purpose of such school and the master’s house and garden, other than a school and school master’s house and buildings used in connection with public education, without the consent in writing of the Rector for the time being, and no erections of any kind shall be placed on the garden attached to the master’s house without the like consent, neither shall it be used for any purpose other than a garden without the like consent. (b) The Vicar and Wardens of the parochial district of , the Vicar and Wardens of the Parish of , the Vicar and Wardens of the parochial district of , the Vicar and Wardens of the Parish of , the Vicar and Wardens of the Parish of Santan, and the Chaplain and Wardens of St. Mark’s in the Parish of , the Vicar and Wardens of , the Vicar and Wardens of , and the Chaplain and Wardens of Cronk-y-Voddy in the Parish of for the time being, shall respectively be entitled to use the school premises in their respective districts, transferred by section 4 of this Act to the Central Authority, other than the Girls’ School at the Four Roads, Rushen, and the National School on the Ramsey Road, Laxey, with the furniture and fittings therein, for the purpose of conducting therein Sunday schools in connection with the churches of their several parishes and districts, and on week-days, when not required by the Central Authority for educational purposes, for purposes in connection with the work of their respective churches. Provided always, that where such premises are under the powers contained in this section used for the purpose of a Sunday school or for purposes in connection with the said churches, the rector, vicar, or chaplain, as

Page 8 AT 2 of 1923 c

The Education Endowments Act 1923 Section 7

the case may be, and wardens so using the same shall cause such premises to be cleaned, ventilated, and restored to order after the user thereof, and in time for the next session of the public elementary school, and shall make good to the reasonable satisfaction of the Central Authority any damage to the buildings and furniture or apparatus therein consequent upon such user of the premises.

7 Transfer of 3rd Schedule property to Vicar and Wardens and others The properties specified in the third schedule to this Act are hereby absolutely transferred to and vested in the persons specified in the third column of such schedule, to hold to such persons and their respective successors in office for such religious, social, and public purposes as the persons in whom the same are hereby vested may from time to time determine, but freed and discharged from all trusts and obligations of and in relation to secular education.

8 Transfer of endowments of Athol Street School to Council All endowments except real estate in connection with Athol Street School, Douglas, shall be transferred to the Council, and shall be held by the Council for the purposes specified in section 51 of the Education Act, 1920.

9 Commencement of Act This Act shall come into operation when the Royal Assent thereto has been by the Governor announced to Tynwald, and a certificate thereof has been signed by the Governor and the Speaker of the House of Keys.

c AT 2 of 1923 Page 9

The Education Endowments Act 1923 First Schedule

FIRST SCHEDULE3

SECOND SCHEDULE

Sections 4, 5 and 6

(a) Parochial school and master’s house in the Parish of . (b) Parochial school in the Parish of . (c) Parochial school in the Parish of . (d) Parochial school and master’s house in the Parish of Andreas. (e) Parochial school and master’s house in the Parish of Jurby. (f) District school and master’s house at Cronk-y-Voddy, German. (g) Parochial school in the Parish of . (h) Parochial school and master’s house in the Parish of Patrick. (i) District school and master’s house, Foxdale, in the Parish of Patrick. (j) Infant school in the Glen, Laxey, in the Parish of . (k) National school on the Ramsey Road, Laxey, in the Parish of Lonan. (l) Parochial school and master’s house in the Parish of . (m) District school and master’s house in East Baldwin, in the Parish of Braddan. (n) Parochial school and master’s house in the Parish of Santan. (o) Boys’ parochial school and master’s house in the Parish of Rushen. (p) Girls’ parochial school in the Parish of Rushen. (q) Parochial school and master’s house in the Parish of Arbory. (r) District school and master’s house at St. Mark’s, in the Parish of Malew. (s) Parochial school and master’s house in , in the Parish of Malew. (t) Master’s house adjoining old school at St. John’s, in the Parish of German. (u) Master’s house in the Village and Parish of .

c AT 2 of 1923 Page 11

Third Schedule The Education Endowments Act 1923

THIRD SCHEDULE

Section 7

Short description of property To whom transferred 1. The Jallow school in the Parish of Vicar and Wardens of Maughold. Maughold. 2. The school adjoining the Sulby Chapel of Vicar and Wardens of Lezayre. Ease in the Parish of Lezayre. 3. The Old Parochial School adjoining the Vicar and Wardens of Lezayre. Church at Lezayre. 4. The old school near St. Jude’s Church in the Rector of Andreas and Chaplain Parish of Andreas. and Wardens of St.Jude’s. 5. Old School at St. John’s in the Parish of Vicar and Wardens of German. German adjoining St. John’s Chapel, reserving to the Central Authority the right of using the existing water supply for the benefit of the master’s house adjoining as heretofore used; and reserving to the Insular Government the right to use such school when a Tynwald is held at St. Johns. 6. The sum of £18 bequeathed to the Vicar and Vicar and Wardens of Marown. Wardens of Marown under the Will of Christian Callin. 7. Reading Room formerly the old school Vicar and Wardens of Lonan. situate at in the Parish of Lonan. 8. Oakhill Chapel and School situate at Vicar and Wardens of Braddan. Quine’s Hill in the Parish of Braddan. 9. St. Barnabas School, Back Strand Street, Vicar and Wardens of St. Douglas. Barnabas’s Parish. 10. Lancastrian School, Athol Street, Douglas. Vicar and Wardens of St. George’s Parish. 11. Mission room, Barrack Street, Douglas. Vicar and Wardens of St. George’s Parish. 12. The old school, now a mission room, situate Vicar and Wardens of Malew. at Grenaby in the Parish of Malew. 13. Old school, now part of the Wesleyan Trustees of the Dhoor Wesleyan Methodist Chapel, at the Dhoor in the Methodist Chapel. parish of Lezayre. 14. Old school or site of school now part of Trustees of Kerrowgarrow Kerrowgarrow Wesleyan Methodist Chapel Wesleyan Methodist Chapel. and Sunday school. 15. Old school and master’s house at Vicar and Wardens of Malew. Derbyhaven in the parish of Malew. 16. Old Parochial School at Kirk Michael. Vicar and Wardens of Michael.

Page 12 AT 2 of 1923 c

The Education Endowments Act 1923 Endnotes

ENDNOTES

Table of Legislation History Legislation Year and No Commencement

Table of Renumbered Provisions Original Current

Table of Endnote References

1 S 2 repealed by Statute Law Revision Act 1983 Sch 2. 2 Subs (2) amended by SD352/09. 3 Sch 1 repealed by Statute Law Revision Act 1983 Sch 2.

c AT 2 of 1923 Page 13