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Link to original content: http://www.legislation.gov.uk/ukpga/1973/65/section/128
Local Government (Scotland) Act 1973, Section 128 is up to date with all changes known to be in force on or before 01 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)Where, immediately before 16th May 1975, any educational endowment is to any extent vested in the existing local authority for an area specified in the first column of Table A below, that endowment shall on that day to that extent be transferred to and vest for the same purposes in the appropriate new local authority for the area specified in relation thereto in the second column of that Table.
| Existing area | New area |
|---|---|
County County of a city | Region or islands area |
Large burgh Small burgh District | District or islands area |
(2)Where, immediately before 16th May 1975, any educational endowment is to any extent to be vested, by virtue of his office, in the holder of any office connected with an existing local authority specified in the first column of Table B below, that endowment shall on that day to that extent be transferred to and vest for the same purposes in the holder of the office, specified in relation thereto in the second column of that Table, of the appropriate new local authority as determined by reference to subsection (1) above.
| Existing office-holder | New office-holder |
|---|---|
Lord Provost Provost Convener of county Chairman of district council | [F1Convener of council] |
| MagistrateCouncillorChairman of or member of a committee | Councillor, or any other person nominated by the council |
| Any specified officer | The corresponding officer or (if there is no such officer) the proper officer |
(3)Where, immediately before 16th May 1975, any power with respect to an educational endowment is vested in an existing local authority, or (by virtue of his office) in the holder of an office connected with such an authority, that power shall on that day be transferred to and vest in the appropriate new local authority or (as the case may be) in the new office-holder of that authority, as ascertained by reference to subsections (1) and (2) above.
(4)Subject to the provisions of the governing instrument of an educational endowment, where, as the result of the election of a local authority occurring after 16th May 1975, it is necessary for a person to be nominated by the authority or by a committee thereof to be vested (to any extent) with the endowment, in terms of subsection (2) above, or to be vested with any power, in terms of subsection (3) above, that person shall be so nominated at the first meeting of the authority or committee held after it has been elected or appointed; and in such a case the person who (to the said extent) was last vested with the endowment or, as the case may be, who was last vested with the power, before the meeting shall continue therein until the date of the meeting.
(5)In this section, unless the context otherwise requires, expressions used in Part VI of the M1Education (Scotland) Act 1962 have the same meaning as in that Part, and “the appropriate new local authority” means, in relation to an existing local authority, the new authority whose area comprises the whole or the greater part of the area of the existing authority: and if, in any case, there is a dispute as to such appropriate authority, or as to the person or persons corresponding to an existing office-holder or office-holders for the purposes of this section, it shall be taken to be such new local authority or, as the case may be, person or persons as the Secretary of State may direct.
(6)Nothing in this section shall affect any other power to reorganise any educational endowment or otherwise to alter the provisions of any trust.
Textual Amendments
F1S. 128(2): words in Table B substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 92(30); S.I. 1996/323, art. 4(1)(c)
Modifications etc. (not altering text)
C1S. 128 excluded by Local Government (Scotland) Act 1975 (c. 30), s. 16, Sch. 3 para. 13(1)
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