NORTH LANARKSHIRE COUNCIL REPORT To: EDUCATION COMMllTEE Subject: THE EDUCATIONAL E NDO W ME NTS (STRATHCLYDE REGION) TRANSFER SCHEME 1996 From: DIRECTOR OF ADMINISTRATION Date: 23 April, 1996 Ref: JF/EH 1 Background 1.1 Following consideration of representations made by, inter alios, North Lanarkshire Council the Secretary of State for Scotland has made The Educational Endowments (Strathclyde Region) Transfer Scheme Order 1996. A copy of the letter of 1 April advising of the making of that Order, and of the Order itself, is attached as the Appendix to this report. 2 Effect of Mer 2.1 The Order transfers the endowments of the Dunbartonshire Educational Trust and the McAulay bequest from Strathclyde Regional Council to a body corporate to be known as The Governors of the Dunbartonshire Educational Trust. The composition of that body is to be one person to be elected by Argyll and Bute Council, three persons to be elected by East Dunbartonshire Council, three persons to be elected by West Dunbartonshire Council and three persons to be elected by North Lanarkshire Council. All such persons must be members of the relevant Councils. The Committee is asked to recommend three members for appointments as Governors of the Dunbartonshire Educational Trust. 2.2 The Order provides that the governing body of the Dunbartonshire Educational Trust may appoint such officers as they consider necessary to undertake administrative work. The Committee is asked to consider whether North Lanarkshire Council should offer to undertake such administrative work as is required for the administration of the Trust on the basis that costs will be recharged to the Trust. 2.3 The Order provides, also, for the transfer of a number of other Education Endowments to North Lanarkshire Council including the Lanarkshire Educational Trust and the Marshall Trust Lanarkshire. 2.4 The terms of the Lanarkshire Educational Trust Scheme 1936 are amended to provide that North Lanarkshire Council shall constitute a Committee of the Council, called the Educational Trust Committee, which shall be composed of three persons nominated by North Lanarkshire Council and three persons nominated by South Lanarkshire Council. It is recommended that the Committee recommend the Constitution of such a Committee and recommend three members for appointment by North Lanarkshire Council to that Committee. 2 2.5 The administration of the remaining Endowments transferred to North Lanarkshire Council, which are specified in Part IX of Schedule 1 of the Order, has, in the past, been undertaken by the Director of Education, Strathclyde Regional Council. It is proposed that the Director of Education be authorised by the Council to administer all such Endowments. Recommendm-on It is recommended that the Committee (1 1 note the terms of The Educational Endowments (Strathclyde Region) Transfer Scheme Order 1996; (2) recommend three members of the Council for appointment as Governors of the Dunbartonshire Educational Trust; (3) agree that North Lanarkshire Council offer to undertake the administrative duties relating to that Trust on a rechargeable basis; (4) recommend that North Lanarkshire Council constitute a Committee of the Council called the Educational Trust Committee to be composed of three persons nominated by North Lanarkshire Council and three persons nominated by South Lanarkshire Council; (5) recommend three persons for appointment as members of that Committee, and (6) authorise the Director of Education to administer all Endowments transferred to North Lanarkshire Council in terms of that Order. A *%r Director of ministration I Members seeking further information regarding the contents of this report are asked to contact John Fleming, Head of Central Services on extension 2204. EDENDOWMJF NORTH LANARKSHIRE COUNCIL INTERNAL MEMORANDUM TO: DIRECTOR OF ADMINISTRATION^ FROM: CHIEF EXECUTIVE Ask for Mr. Cowe Ext. 2252 Your Ref. Date 4 April, 1996 My Ref. AIC/AF Copied to: DIRECTOR OF EDUCATION Subject EDUCATIONAL ENDOWMENTS (STRATHCLYDE REGION) TRANSFER SCHEME ORDER 1996 I Please find attached for your attention copy letter dated 1 April and enclosure which I have received from the Student Awards Agency for Scotland. Chief 8sx cutive Enc m\saas.end STUDENT AWARDS AGENCY FOR SCOTLAND CHIEF EXEC’JTIVE CYLEVIEW HOCSE 04 AFR 1996 3 REDHEUCHS RlCC EDINBURGH EH1 2 9HH FROM THE CHIEF EXECUTIVE ELEPHONE: 031-244 5867 FAX 031 -244 5887 Andrew Cowe Esq Chief Executive North Lanarkshire Council PO Box 14 Civic Centre Circular 1/96 MOTHERWELL MLl 1TW April 1996 Dear Mr Cowe THE EDUCATIONAL ENDOWMENTS (STRATHCLYDE REGION) TRANSFER SCHEME ORDER 1996 I enclose 2 copies of the above Order which the Secretary of State has made in exercise of powers conferred on him by Section 17 of the Local Government etc (Scotland) Act 1994. This Order makes a Scheme for the transfer of interests in educational endowments from the Strathclyde Regional Council and the relevant district councils to the new unitary authorities of Argyll and Bute Council, East Dunbartonshire Council, West Dunbartonshire Council, North Lanarkshire Council, East Ayrshire Council, North Ayrshire Council, East Renfrewshire Council, City of Glasgow Council, South Lanarkshire Council, Inverclyde Council, East Ayrshire Council, South Ayrshire Council and Renfrewshire Council established under the Local Government etc (Scotland) Act 1994. These interests may consist of the endowment itself, or powers with respect to an endowment or a right to payment of monies out of an endowment. Provision is also made for endowments or powers vested in an office holder or nominee of Strathclyde Regional Council to be transferred to an office holder or nominee of the new Councils. 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. This Order comes into effect on 1st April 1996 and a copy of it should be passed to your Director of Education or equivalent. A copy has been sent direct to COSLA. 036LMcC/GJT/IPBO1274 I An Executive Agency of the Secretary of State for Scotland The Secretary of State also has a duty, under Section 104 of the Education (Scotland ) Act 1980 to maintain a Register of Educational Endowments and this function is carried out on his behalf by the Students Awards Agency for Scotland Any enquiry regarding this Order, or the Register of Educational Endowments should be made to Mrs L McCandless (ext 5883) at the above address. Yours sincerely K MacRae Chief Executive 036/LMcC/GJT/fPB01274 2 t 3 STATUTORY INSTRUMENTS 1996 No. 629 (S.64) LOCAL GOVERNMENT, SCOTLAND EDUCATION, SCOTLAND The Educational Endowments (Strathclyde Region) Transfer Scheme Order 1996 I SBN 0-11- 05531 1- X 24.15 Printed hv HMSO Print Centre X(K) WO 0204 Cl11 .3 [Jfi .452!4 IOi'J.3 PS 343359 (122146) STATUTORY INSTREMENTS 1996 No. 629 (S.64) LOCAL GOVERNMENT, SCOTLAND EDUCATION, SCOTLAND The Educational Endowments (Strathclyde Region) Transfer Scheme Order 1996 Made - - - - 3rd March 1996 Laid before Parliament 1 lth March 1996 Coming into force 1st April 1996 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 1994(a) and of all other powers enabling him in that behalf, hereby makes the following Order: Citation and commencement 1. This Order may be cited as the Educational Endowments (Strathclyde Region) Transfer Scheme Order 1996 and shall come into force on 1st April 1996. Making of Scheme 2. The Scheme set out in the Schedule to this Order shall have effect. Raymond S Robertson St Andrew’s House, Edinburgh Parliamentary Under Secretary of State, 3rd March 1996 Scottish Office ~~ (a) 1994 c.39 SCHEDULE Article 2 THE EDUCATIONAL ENDOWMENTS (STRATHCLYDE REGION) TRANSFER SCHEME 1996 Citation 1. This Scheme may be cited as the Educational Endowments (Strathclyde Region) Transfer Scheme 1996. Interpretation 2.41) In this Scheme- references to Strathclyde Regional Council and to any relevant district council are to those councils as constituted under section 2 of the Local Government (Scotland) Act 1973(a); references to any new council are to that council as constituted under section 2 of the Local Government etc. (Scotland) Act 1994. "relevant district council" means any district council listed below- Argyll and Bute Eastwood Bearsden and Milngavie Hamilton City of Glasgow Inverclyde Clydebank Kilmarnock and Loudoun Clydesdale Kyle and Carrick Cumbernauld and Kilsyth Monklands Cumnock and Doon Valley Motherwell Cunninghame Renfrew Dumbarton Strathkelvin East Kilbride "new council" means any council listed below- Argyll and Bute City of Glasgow East Ayrshire Invercl yde North Ayrshire North Lanarkshire South Ayrshire South Lanarkshire East Dunbartonshire East Renfrewshire West Dunbartonshire Renfrewshire (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 educational endowments and relevant powers from Strathclyde Regional Council to new councils 3.-(1) On 1st April 1996 the educational endowments listed in each Part of Schedule 1 to the extent that they are vested in Strathclyde Regional Council immediately before that date shall be transferred to and vest to the same extent in the new council to which that Part relates. (2) On 1st April 1996 all powers vested in Strathclyde Regional Council immediately