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EDUCATIONAL ENDOWMENTS (IRELAND) ACT 1885

EDUCATIONAL ENDOWMENTS (IRELAND) ACT 1885 - LONG TITLE

An Act to re-organise the Educational Endowments of Ireland.
[14th August 1885]
Preamble rep. by SLR 1898

EDUCATIONAL ENDOWMENTS (IRELAND) ACT 1885 - SECT 1
Interpretation of terms.

1. For the purposes of this Act, unless the context otherwise
requires

"Educational endowment" shall mean any property dedicated to
charitable uses, and which has been applied or is applicable, in
whole or in part, whether by the declared intention of the founder
or the consent of the governing body, or by custom or otherwise,
to educational purposes:

"Governing body" shall mean the commissioners, managers, governors,
board, committee, or trustees of any endowment, or other persons
having the administration of the revenues thereof, and shall include
the Commissioners of Education in Ireland:

Definitions rep. by SLR 1898; SLR 1980

EDUCATIONAL ENDOWMENTS (IRELAND) ACT 1885 - SECT 2
Short title.

2. This Act may be cited as the Educational Endowments (Ireland)
Act, 1885.

S.3 rep. by SLR 1898

Ss.4, 5 rep. by SLR 1980

EDUCATIONAL ENDOWMENTS (IRELAND) ACT 1885 - SECT 6
Provisions of educational endowment schemes.

6. Subject to the provisions herein-after contained, ... schemes for
the future government and management of educational endowments, ...
may provide for altering the conditions and provisions of such
endowments, including the powers of investing and from time to time
changing the investment of the funds or selling the properties
thereof, or amalgamating, combining, or dividing such endowments, or,
in the case of endowments applicable for intermediate education,
transferring such endowments to the Intermediate Education Board for
Ireland, to be applied by them for the purposes of the Intermediate
Education (Ireland) Act, 1878, as the Scheme may direct, or (in the
case of endowments applicable for elementary education) placing the
schools under the inspection of the Commissioners of National
Education, as the Scheme may direct, or consolidating or dividing
the schools, or removing them to different localities, or authorising
the governing bodies of boarding schools to discontinue the boarding
departments, or readjusting, extending, or abolishing existing schemes
of exhibitions or scholarships, or altering the constitution of the
governing bodies, or uniting two or more existing governing bodies,
or transferring endowments from one governing body to another, or
establishing new governing bodies with such powers as shall seem
necessary, and to insert in such schemes clauses incorporating the
governing bodies, whether old or new, or vesting endowments in any
existing corporate bodies in trust for such governing bodies.

A scheme may authorise any governing body to sell, demise, exchange,
or surrender a lease of any land, or to dispose of any other
property vested in them, and may give such directions in relation
thereto, and for investing the money arising therefrom, ....

Sales, demises, and exchanges of land, and the surrender of leases
of land, and other dealings with property, authorised by a scheme,
shall have the like effect and validity as if they had been
authorised by the express terms of the trust affecting the endowment
to which they belong.

Act not to apply to certain endowments.

EDUCATIONAL ENDOWMENTS (IRELAND) ACT 1885 - SECT 7

7. This Act shall not apply

(2)to any endowment solely or mainly applicable or applied for the
purposes of theological instruction, or belonging to any theological
institution; or

(3)to any endowment which in the discretion of the governing body
may be wholly applied to other than educational purposes; or

(4)to any endowment or part of an endowment (as the case may be)
given to charitable uses, or to such uses as are referred to in
this Act, at any time after the passing of this Act; or

(5)to any endowment consisting of voluntary subscriptions, or
accumulations, or investments thereof; or

(6)to any endowment applicable and provided exclusively for the
benefit of persons of any particular religious denomination, and
which is under the exclusive control of persons of that
denomination,

Apportionment of mixed endowments.

EDUCATIONAL ENDOWMENTS (IRELAND) ACT 1885 - SECT 8

8. Where any part of an endowment is an educational endowment
within the meaning of this Act, and part of it is applicable or
applied to other charitable purposes, the scheme shall be in
conformity with the following provisions (except so far as the
governing body of such endowment assent to the scheme departing
therefrom); that is to say.

(1)The proportion of the endowment or annual income for the time
being derived therefrom which is applicable to such other charitable
uses shall not be diverted by the scheme from such uses, unless,
...

(a)there are no persons who are entitled to benefit out of such
part of the endowment; or

(b)the purposes of such part of the endowment have failed
altogether; or

(c)such purposes have become insignificant in comparison with the
magnitude of such part of the endowment; or

(d)such purposes have become prejudicial to the public welfare.

(2)The proportion of the endowment or annual income for the time
being so applicable to such other charitable uses shall be deemed
to be the proportion which, ... is the proportion which has...,
been appropriated as regards capital, or applied as regards income,
to such uses; or if that proportion differs from the proportion
which ought to have been so appropriated or applied according to
the express directions of the instrument of foundation, or the
decree of any competent court, or the statutes or regulations
governing such endowment, the proportion applicable to such other
charitable uses shall be the proportion which ought, according to
the express directions of such instrument, or such decree, or such
statutes or regulations, to have been appropriated or applied to
such other charitable uses.

(3)If the proportion applicable to other charitable uses amounts to
or exceeds one-half of the whole of the endowment, the governing
body of such endowment existing at the date of the scheme shall,
so far as regards its non-educational purposes, remain unaltered by
the scheme.

(4)Where the governing body remains so unaltered, that body shall
pay or apply for educational purposes such proportion as, under the
former provisions of this section, is applicable to those purposes,
or such less sum as may be fixed...

Para.(5) rep. by SLR 1980

Application to education of non-educational endowments.

EDUCATIONAL ENDOWMENTS (IRELAND) ACT 1885 - SECT 9

9. The Commissioners of Charitable Donations and Bequests, or any
other governing body having an endowment or fund which is not an
educational endowment within the meaning of this Act, if there are
no persons who are entitled to benefit out of the endowment, or if
the purposes of the endowment have failed altogether, or have become
obsolete or useless, or are otherwise sufficiently provided for, or
are insignificant in comparison with the magnitude of the endowment,
or are, in the opinion of such governing body, not substantially
beneficial to the class of persons for whom such endowment was
originally intended, or if it has been found impossible, either from
the inadequacy of the endowment or the impracticable character of
the founder's intentions, to carry these intentions into effect, may,
if they think fit, intimate in writing... their assent to the
endowment being deemed to be, and thereafter such endowment may be
dealt with in all respects as if it were an educational endowment.

Endowments for apprenticeship fees, maintenance, and clothing to be
deemed educational.

EDUCATIONAL ENDOWMENTS (IRELAND) ACT 1885 - SECT 10

10. For the purposes and subject to the provisions of this Act,
endowments for the payment of apprenticeship fees, or for marriage
portions, or for the maintenance, nurture, or clothing, or otherwise
for the benefit of poor children or young persons, shall be deemed
to be and may be dealt with as educational endowments.

Vested interests.

EDUCATIONAL ENDOWMENTS (IRELAND) ACT 1885 - SECT 11

11. ... schemes... shall save or shall make due compensation for
the vested interests of individuals holding any office, place,
employment, pension, compensation allowance, bursary, or emolument
under or arising out of educational or other endowment at the date
of the passing of this Act, and shall provide that no funds now
applied in terms of the founder's directions to free elementary
education shall be directed to any other purpose, except to the
extent to which such funds are manifestly in excess of the
requirements for the purpose of free elementary education of the
localities to which they belong. "Elementary education" shall mean
such education as may be given in National schools which are aided
by grants from the Commissioners of National Education in Ireland.

EDUCATIONAL ENDOWMENTS (IRELAND) ACT 1885 - SECT 12
Interests acquired after passing of Act.

12. Every interest, right, privilege, or preference which any person
may acquire after the passing of this Act in or relative to any
educational endowment, or in the governing body thereof, or as
member of any such governing body, or in or relative to any
office, place, employment, pension, compensation allowance, bursary, or
emolument in the gift of any such governing body, shall be subject
to the provisions of any scheme made under this Act; and the
governing body of an educational endowment shall not during the
continuance of the power of making schemes under this Act begin to
build, rebuild, or enlarge any school buildings, or teachers'
residences, or buildings connected therewith, except... under the
directions of such a scheme; but this provision shall not prevent
them from continuing any works begun before the passing of this
Act, or from doing anything necessary for the repair or maintenance
of buildings or residences existing at the passing of this Act.

EDUCATIONAL ENDOWMENTS (IRELAND) ACT 1885 - SECT 13
Interests of particular classes to be keep in view.

13. ... schemes ... shall..., with respect alike to the constitution
of the governing body and to educational provisions, ... have regard
to the spirit of founders' intentions; and ... every scheme which
abolishes or modifies any privileges or educational advantages to
which a particular class of persons is entitled, whether as
inhabitants of a particular area or as belonging to a particular
class in life or otherwise, ... shall have regard to the
educational interests of such class of persons: Provided always, that
where the founder of any educational endowment has expressly provided
for the education of children belonging to the poorer classes,
either generally, or of a particular class, or within a particular
area, or otherwise for their benefit, such endowment for such
education, or otherwise for their benefit, shall continue, so far as
requisite, to be applied for the benefit of such children.

EDUCATIONAL ENDOWMENTS (IRELAND) ACT 1885 - SECT 14
Selection of beneficiaries.

14. ... schemes... shall provide that in making a selection from
amongst those eligible for the benefits of any educational endowment
due regard shall be paid to merit as ascertained by examination, or
in such other manner....

EDUCATIONAL ENDOWMENTS (IRELAND) ACT 1885 - SECT 15
Benefits to be extended to girls.

15. In framing schemes provision shall be made, so far as can be
equitably arranged and as the circumstances of each particular
locality require, for extending to both sexes the benefit of
endowments.

EDUCATIONAL ENDOWMENTS (IRELAND) ACT 1885 - SECT 16
Tenure of office of teachers, &c.

16. ... every scheme... shall provide for the dismissal of every
officer in the employment of the governing body, and of every
teacher and officer in the endowed school or schools to which the
scheme relates, including the principal teacher or teachers, with or
without power of appeal in such cases, and to such authority as...
may seem expedient.

S.17 rep. by 1956 c.24 (NI) ss.7(a), 8(2)(b)

EDUCATIONAL ENDOWMENTS (IRELAND) ACT 1885 - SECT 18
Provision for future alteration of schemes.

18.... any scheme... may provide for the alteration of the scheme
from time to time by the Commissioners of Charitable Donations and
Bequests for Ireland upon application made by the governing body or
any party interested, provided such alteration shall not be contrary
to anything contained in this Act.

Ss.1925 rep. by SLR 1980

EDUCATIONAL ENDOWMENTS (IRELAND) ACT 1885 - SECT 26
Quorum of governing body.

26. The majority of members of a governing body who are present at
a meeting of their body duly constituted shall have power to do
anything that may be required to be done by a governing body for
the purposes of this Act: Provided that this power shall be in
addition to and not in restraint of any power which any meeting of
such governing body may have independently of this Act.

S.27 rep. by SLR 1980

EDUCATIONAL ENDOWMENTS (IRELAND) ACT 1885 - SECT 28
Amendment of schemes.

28. ... all the provisions of this Act relative to an original
scheme shall apply also to an amending scheme, mutatis mutandis.

EDUCATIONAL ENDOWMENTS (IRELAND) ACT 1885 - SECT 29
Validity of scheme.

29. The Order in Council approving a scheme shall be conclusive
evidence that such scheme was within the scope of and made in
conformity with this Act, and the validity of such scheme and Order
shall not be questioned in any legal proceedings whatever.

Ss.3032 rep. by SLR 1980

Ss.3336 rep. by SLR 1980

EDUCATIONAL ENDOWMENTS (IRELAND) ACT 1885 - SECT 37
Provision for default of governing body.

37. If the governing body of any educational endowment fail to give
effect to the provisions of any scheme approved under this Act, it
shall be lawful for the Lord Lieutenant or for the Commissioners of
Charitable Donations and Bequests for Ireland, upon the application
of the town council or governing body of any town directly affected
by such scheme or provisional order, or of any ratepayers (not less
than twenty) of any poor law union or place directly affected
thereby, or of any person or persons having a vested interest in
the endowment, or any part of it, or upon the report of any
inspector appointed under this Act, to send a requisition to the
governing body of such endowment requiring them to give effect to
the provisions of the scheme; and the governing body shall comply
with the said requisition without undue delay, and if they fail,
may be summarily compelled to do so by the High Court on
application by or at the instance of the Attorney General.

S.38 rep. by SLR 1980