
1 
This Order may be cited as the Educational Endowments (Lothian Region) Transfer Scheme Order 1996 and shall come into force on 1st April 1996.
2 
The Scheme set out in the Schedule to this Order shall have effect.
Raymond S Robertson
Parliamentary Under Secretary of State, Scottish Office
St Andrew’s House,
Edinburgh
31st March 1996
SCHEDULE
Article 2
1 
This Scheme may be cited as the Educational Endowments (Lothian Region) Transfer Scheme 1996.
2 

(1) In this Scheme—
(a) references to Lothian Regional Council and to City of Edinburgh, East Lothian, Midlothian and West Lothian District Councils are to those councils as constituted under section 2 of the Local Government (Scotland) Act 1973; and
(b) references to City of Edinburgh, East Lothian, Midlothian and West Lothian Councils and to The Scottish Borders Council are to those Councils as constituted under section 2 of the Local Government etc. (Scotland) Act 1994.
(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.
3 

(1) On 1st April 1996 the following educational endowments to the extent that they are vested in Lothian Regional Council immediately before that date shall be transferred to and vest to the same extent in City of Edinburgh Council:—
(a) the endowments listed in Part I of Schedule 1;
(b) the endowments comprised in the City of Edinburgh Educational Trust; and
(c) the endowments comprised in the G Boyd Anderson Trust.
(2) On 1st April 1996 the following powers vested in Lothian Regional Council immediately before that date shall be transferred to and vest in City of Edinburgh Council:—
(a) all powers with respect to educational endowments listed in Part I of Schedule 1;
(b) all powers with respect to educational endowments listed in Part II of Schedule 1;
(c) all powers with respect to the City of Edinburgh Educational Trust;
(d) all powers with respect to the G Boyd Anderson Trust; and
(e) all powers with respect to the David Westwood Bequest.
(3) On 1st April 1996 the right to be paid money in respect of the David Westwood Bequest, vested in Lothian Regional Council immediately before that date, shall be transferred to and vest in City of Edinburgh Council.
4 
On 1st April 1996 the following powers vested in Lothian Regional Council immediately before that date shall be transferred to and vest in East Lothian Council:—
(a) all powers with respect to the East Lothian Educational Trust; and
(b) all powers with respect to the Lamp of Lothian Collegiate Centre Trust.
5 

(1) On 1st April 1996 the endowment of the Mrs A Pringle Prize to the extent that it is vested in Lothian Regional Council immediately before that date shall be transferred to and vest to the same extent in Midlothian Council.
(2) On 1st April 1996 all powers with respect to the Mrs A Pringle Prize vested in Lothian Regional Council immediately before that date shall be transferred to and vest in Midlothian Council.
6 

(1) On 1st April 1996 the endowment of The Irene Elizabeth Miller Trust Fund to the extent that it is vested in Lothian Regional Council immediately before that date shall be transferred to and vest to the same extent in West Lothian Council.
(2) On 1st April 1996 the following powers vested in Lothian Regional Council immediately before that date shall be transferred to and vest in West Lothian Council:—
(a) all powers with respect to the West Lothian Educational Trust; and
(b) all powers with respect to The Irene Elizabeth Miller Trust Fund.
7 

(1) On 1st April 1996 the endowments of the Midlothian Educational Trust vested in Lothian Regional Council immediately before that date shall be transferred to new authorities in accordance with Part I of Schedule 2.
(2) Part II of Schedule 2 shall have effect in respect of the endowments so transferred.
8 

(1) Where immediately before 1st April 1996 there were vested in Lothian Regional Council—
(a) to any extent, any educational endowments;
(b) any powers with respect to educational endowments;
(c) any rights to be paid money out of educational endowments,
which are not specifically provided for in paragraphs 3 to 7, such educational endowments shall to the same extent, and such powers and rights shall, on that date be transferred to and vest in the appropriate new authority.
(2) Where immediately before 1st April 1996 there were vested by virtue of his office in the holder of an office connected with Lothian Regional Council, or in a person nominated by that Council—
(a) to any extent, any educational endowments;
(b) any powers with respect to education endowments,
such educational endowments shall to the same extent, and such powers shall, on that date be transferred to and vest in—
(i) in the case where they were vested by virtue of his office in a councillor, or in the holder of a specified office held by a councillor, a councillor of the appropriate new authority nominated by that authority for the purpose;
(ii) in the case where they were vested by virtue of his office in an officer of Lothian Regional Council, the proper officer of the appropriate new authority;
(iii) in the case where they were vested in a person nominated by Lothian Regional Council, a person nominated by the appropriate new authority.
(3) In this paragraph, “the appropriate new authority” means—
(a) subject to head (c) below, the new authority for the area in which any educational establishment to which the endowment relates is situated; or
(b) subject to head (c) below, where the endowment relates to no particular establishment, the new authority for the area in which the beneficiaries of the endowment are required under its governing instrument to reside or with which they are so required to have some other connection; or
(c) where heads (a) and (b) above do not apply, or where application of them indicates more than one new authority, the new authority for the area with which the endowment is most closely connected.
9 

(1) Where immediately before 1st April 1996 there were vested in City of Edinburgh, East Lothian, Midlothian or West Lothian District Council—
(a) to any extent, any educational endowments;
(b) any powers with respect to educational endowments;
(c) any rights to be paid money out of educational endowments,
such educational endowments shall to the same extent, and such powers and rights shall, on that date be transferred to and vest in the successor authority.
(2) Where immediately before 1st April 1996 there were vested by virtue of his office in the holder of an office connected with City of Edinburgh, East Lothian, Midlothian or West Lothian District Council, or in a person nominated by that Council—
(a) to any extent, any educational endowments;
(b) any powers with respect to educational endowments,
such educational endowments shall to the same extent, and such powers shall, on that date be transferred to and vest in—
(i) in the case where they were vested by virtue of his office in a councillor, or in the holder of a specified office held by a councillor, a councillor of the successor authority nominated by that Council for the purpose;
(ii) in the case where they were vested by virtue of his office in an officer of the relevant district council, the proper officer of the successor authority;
(iii) in the case where they were vested in a person nominated by the relevant district council, a person nominated by the successor authority.
(3) In this paragraph, “the successor authority” means—
(a) in relation to City of Edinburgh District Council, City of Edinburgh Council;
(b) in relation to East Lothian District Council, East Lothian Council;
(c) in relation to Midlothian District Council, Midlothian Council; and
(d) in relation to West Lothian District Council, West Lothian Council.
10 
Unless the context otherwise requires, where an educational endowment, or a power or right in respect of it, is transferred by this Scheme, any reference, however expressed, in the governing instrument of the endowment in relation to the endowment, power or right, to a local authority or person in whom the endowment, power or right was at any time vested shall be construed as a reference to the council or person to whom the endowment, power or right is transferred by this Scheme.
SCHEDULE 1
Paragraph 3
PART I

Name of Endowment Purpose Location
James Clark Prize Boroughmuir/James Gillespie’s HS
Ellen Smeaton Cowe Prize Colinton, Stenhouse, Royston, Craiglockhart PS
Monsignor Forsyth Prize St Cuthbert’s PS
Fulton Prize Towerbank PS
Miss Graham Prize Towerbank PS
Grassmarket Child Garden Support Grassmarket
Dr W A Guthrie Prize Broughton HS
Hope Cottage Child Garden Support East Crosscauseway
Hossack Memorial Shield Prize Tynecastle HS
Tom Hunter VC Prize Tynecastle HS
J A Hutchison Prize Wardie PS
Margaret McCallum Prize Forrester HS
Peter McDougall Prize Tynecastle HS
Sir Richard Mackie Prize Leith Academy/Trinity Academy
Miss Macmillan Prize Leith Walk PS
George Ogilvie Prize Broughton HS
James Ogilvie Prize Leith Academy
Elizabeth Philips Prize Corstorphine PS
Christina C Philp Prize Corstorphine PS
Norma Prentice Prize Broughton HS
Christian M Reid Prize Broughton HS
Schools Benevolent Fund Support City of Edinburgh
Isabella Smail Prize Roseburn PS
Sir Alexander Stevenson Prize Royal HS
George W Tait Prize Leith Academy
John W Tait Scholarship Leith Academy
Tynecastle Child Garden Support Tynecastle
George Watt Prize Towerbank PS
Helen Wilson Prize Leith PS
Alexander Wood Prize Corstorphine PS
Hugh Russell Prize South Queensferry Schools
Principal Hopkirk Prize Broughton/Portobello HS
J Evans Gordon Prize Queensferry HS
Dr John Mackie Prize Leith Academy
Eileen B Kerr Prize Davidson’s Mains PS
W B Crawford Prize Granton PS
Jean B Marnie Prize Leith PS
Thomas M Duncan Bursary Trinity Academy
Jane McDermont Bursary James Gillespie’s HS
Proctor Bursary Flora Stevenson’s PS
Andrew Young Bursary Royal Mile PS
Dr K Grigor Prize Davidson’s Mains PS
G C White Bursary Tynecastle HS
William Anderson Trust Prize Gilmerton PS
Leith Academy PA Bursary Leith Academy
W Currie Taylor Bursary Leith Academy
Royal High School Endowment Trust Various Royal HS
Gracie Allan Prize Boroughmuir HS
Dr Bain Prize Blackhall PS
Jane Brown Prize Granton PS
Burnett Prize James Gillespie’s HS
Dr Cran Prize St Augustine’s HS
Cunniston Memorial Prize Boroughmuir HS
Donaldson Prize James Gillespie’s HS
Duncan Prize Trinity Academy
A K Fleming Prize Brunstane PS
John Flucker Prize St Augustine’s HS
Jenkins Prize James Gillespie’s HS
Bruce Laird Prize Leith Academy
John Munro Prize Craigmillar PS
Duncan McGregor Prize Leith Academy
John McKay Prize Brunstane PS
Donald McLean Prize Boroughmuir HS
D G McLennan’s Trust Equipment Cowgate Nursery School
Hector McIvor Prize Royal HS
R B Smith Prize Trinity Academy
Tait Prize Trinity Academy
Margaret Ure Pupil to University Leith Academy
War Memorial Prize Trinity Academy
E Gladstone Walker Prize Abbeyhill PS
Thomas Wilson Prize Trinity Academy
Wishart Prize James Gillespie’s HS
PART II

 Charles Smith Trust
 Dean Orphanage and Cauvin’s Trust
 Donaldson Trust
 Edinburgh College of Art
 Edinburgh University Court
 Fettes Trust
 George Heriot’s Trust
 Heriot-Watt University Convocation
 Heriot Watt University Court
 Leith Industrial School Trust
 Lothian Homes Trust
 “Mars” Training Ship Fund
 Merchant Company Education Board
 Moray House Institute of Education
 Trefoil Holiday and Adventure Centre
 John Watson’s Trust

SCHEDULE 2
Paragraph 7
PART I
A 
Gibsone Bequest
 James L Gray Bursary
 James Harper Bursary Fund
 Herkes' Bequest
 Kinnaird Fund and Vogrie or McLurg Mortification
 Marshall Memorial Medal Fund
 Stephenson’s Bequest
 James A Tod Fund
 Toxside School Annuity Fund
 Rev Dr Wright’s Endowment
 Young Bursary Fund
 Cathie Armstrong Memorial Prizes Fund
 Stuart Burns Botany Prize Fund
 Any funds not specifically transferred to other new authorities.
B 
Balerno and Currie Coronation Fund 1937.
C 
Davidson’s Bequest etc
 Delta Medal Fund
 J C Murdoch’s Bequest Fund.
D 
Moodie’s Mortification.
E 
Johnstone Bequest
 Wright Prize Fund.
 For the purpose of this Part, the amount of each endowment transferred shall be such share of the total endowment of the Midlothian Educational Trust as may be agreed to be appropriate by the five transferee Councils (or failing agreement as may be determined by arbitration) having regard (as far as information is available) to the original value of each endowment, any subsequent events affecting the endowments, the amounts of any preferences or prizes to be provided out of each endowment, and any other relevant considerations.
PART II
1 
The endowments transferred to each new authority in accordance with paragraph 7(1) of this Scheme and Part I of this Schedule shall together constitute the endowment of a trust to be held, administered and applied by that new authority as governing body in accordance with the provisions of the Midlothian Educational Trust Scheme 1991 (in this Part of this Schedule called “the 1991 Scheme”) which shall remain in force only for the purpose of application to those trusts, and shall apply in accordance with the provisions of this Part of this Schedule.
2 
In relation to the trusts constituted under paragraph 1 above, the 1991 Scheme shall apply as if—
(a) any reference to “the Council” were a reference to the new authority holding the particular trust;
(b) any reference to “the Trust” were a reference to the particular trust;
(c) any reference to “the District” were a reference—
(i) in the case of the trust held by Midlothian Council, to the local government area of Midlothian;
(ii) in the case of the trust held by any other new authority, to the part of the area of the former County of Midlothian (as it existed immediately before 16th May 1975) falling within the local government area of that new authority; and
(d) any other minor modifications were made which are necessary to enable the 1991 Scheme to apply to the particular trust.
3 
Section 8(1) (annual payments into Trust) of the 1991 Scheme shall have effect as if the reference to “the Council” were a reference to Midlothian Council.
4 
In the application of sections 20 (preferences for certain beneficiaries) and 21 (variation of preferences etc) of the 1991 Scheme, each new authority holding a trust shall apply those sections only in respect of those entries in the Second Schedule to that Scheme which relate to endowments comprised in the trust held by them.
5 
In the application of section 25 (prizes) of the 1991 Scheme, each new authority shall apply that section only in respect of those entries in the Third Schedule to that Scheme which relate to schools in their area.