Glasgow Education Authority Petitioners [1921] ScotLR 627 (20 July 1921)

Glasgow Education Authority Petitioners [1921] ScotLR 627 (20 July 1921)

The Court sanctioned the alteration of the scheme, retaining the poverty test and modifying the scheme to allow bursaries to be awarded by competitive examination or otherwise, and to be tenable at secondary schools, Scottish universities, or central institutions, provided recipients meet residence and poverty criteria.

Citation
[1921] ScotLR 627
Parties
Petitioner: Glasgow Education Authority
Jurisdiction
Scotland
Judgment Date
20 July 1921
Procedural Posture
Petition for Alteration of Scheme / Final Determination by Inner House, First Division
Outcome
petition granted as amended
Legal Topics
Administration of Educational Endowments, Alteration of Trust Schemes, Poverty Test in Bursary Awards
Charitable Trusts Education Law Administration of Educational Endowments Alteration of Trust Schemes Poverty Test in Bursary Awards

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Parties

Glasgow Education Authority

Petitioner

Procedural Posture

Petition for Alteration of Scheme / Final Determination by Inner House, First Division

Legal Issues

  1. 1 Whether the poverty test can be omitted from the scheme for awarding bursaries under the Gilchrist Bequest
  2. 2 Whether the scheme can be altered to extend the class of institutions and change the method of awarding bursaries

Ratio Decidendi

The Court sanctioned the alteration of the scheme, retaining the poverty test and modifying the scheme to allow bursaries to be awarded by competitive examination or otherwise, and to be tenable at secondary schools, Scottish universities, or central institutions, provided recipients meet residence and poverty criteria.

Court Disposition

petition granted as amended

Orders

  • Scheme modified to allow bursaries to be awarded by competitive examination or otherwise among pupils attending public or state-aided schools in the district formerly of the School Board of Maryhill, who or whose parents or guardians are resident for not less than five years in the district, and who or whose parents...
  • Bursaries tenable at any secondary school, Scottish university, or day classes of any central institution as defined by the Education (Scotland) Act 1908.