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Section 94

Schedule 14 Educational charities and endowments

35Educational charities

1 (1) This paragraph applies to a trust deed or other instrument—

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(a) which concerns property applicable for or in connection with the
provision of education in an establishment in England and Wales to
which section 80 or 86 applies, and

(b) which in any way restricts the benefits available under the
5instrument to persons of one sex.

(2) Sub-paragraph (3) applies if, on the application of the trustees or the
responsible body (within the meaning of that section), a Minister of the
Crown is satisfied that the removal or modification of the restriction would
be conducive to the advancement of education without sex discrimination.

(3) 10The Minister may by order make such modifications of the instrument as
appear to the Minister expedient for removing or modifying the restriction.

(4) If the trust was created by a gift or bequest, an order must not be made until
the end of the period of 25 years after the date when the gift or bequest took
effect.

(5) 15Sub-paragraph (4) does not apply if the donor or the personal
representatives of the donor or testator consent in writing to making the
application for the order.

(6) The Minister must require the applicant to publish a notice—

(a) containing particulars of the proposed order;

(b) 20stating that representations may be made to the Minister within a
period specified in the notice.

(7) The period must be not less than one month beginning with the day after the
date of the notice.

(8) The applicant must publish the notice in the manner specified by the
25Minister.

(9) The cost of publication may be paid out of the property of the trust.

(10) Before making the order, the Minister must take account of representations
made in accordance with the notice.

Educational endowments

2 (1) 30This paragraph applies to an educational endowment—

(a) to which section 104 of the Education (Scotland) Act 1980 applies,
and

(b) which in any way restricts the benefit of the endowment to persons
of one sex.

(2) 35Sub-paragraph (3) applies if, on the application of the governing body of an
educational endowment, the Scottish Ministers are satisfied that the removal
or modification of the provision which restricts the benefit of the
endowment to persons of one sex would be conducive to the advancement
of education without sex discrimination.

(3) 40The Scottish Ministers may by order make such provision as they think
expedient for removing or modifying the restriction.

(4) If the Scottish Ministers propose to make such an order they must publish a
notice in such manner as they think sufficient for giving information to
persons they think may be interested in the endowment—

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(a) containing particulars of the proposed order;

(b) stating that representations may be made with respect to the
proposal within such period as is specified in the notice.

(5) The period must be not less than one month beginning with the day after the
5date of publication of the notice.

(6) The cost of publication is to be paid out of the funds of the endowment to
which the notice relates.

(7) Before making an order, the Scottish Ministers—

(a) must consider representations made in accordance with the notice;

(b) 10may cause a local inquiry to be held into the representations under
section 67 of the Education (Scotland) Act 1980.

(8) A reference to an educational endowment includes a reference to—

(a) a scheme made or approved for the endowment under Part 6 of the
Education (Scotland) Act 1980;

(b) 15in the case of an endowment the governing body of which is entered
in the Scottish Charity Register, a scheme approved for the
endowment under section 39 or 40 of the Charities and Trustee
Investment (Scotland) Act 2005 (asp 10);

(c) an endowment which is, by virtue of section 108(1) of the Education
20(Scotland) Act 1980, treated as if it were an educational endowment
(or which would, but for the disapplication of that section by section
122(4) of that Act, be so treated);

(d) a university endowment, the Carnegie Trust, a theological
endowment and a new endowment.

(9) 25Expressions used in this paragraph and in Part 6 of the Education (Scotland)
Act 1980 have the same meaning in this paragraph as in that Part.

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