Charity Commissioners, or any of those Acts, and upon the same application, and after the same procedure and notices, and subject to the same right of appeal as a scheme established under those Acts by the Charity Commissioners in the exercise of their ordinary jurisdiction (b). (a) Ante, p. 621. (b) For the powers of the Charity Commissioners as to making schemes, see sects. 2-10 of the Charit. Trusts Act, 1860, ante. Sect. 10. of religious instruction. 11. Where a scheme under the principal Act gives the Alteration. governing body of any endowed school power to make regulations respecting the religious instruction given at such school, the scheme shall also provide for any alteration in such regulations not taking effect until the expiration of not less than one year after notice of the making of the alteration is given (a). (a) For other provisions with regard to religious instruction, see sects. 15— 19 of the End. Schools Act, 1869, and sects. 7 and 8 of the present Act, ante. of 32 & 33 12. Whereas by section thirty-four (a) of the principal Amendment Act it is provided as follows: "During three months Vict. c. 56, after the first publication of the draft of a scheme the as to time Commissioners shall receive any objections or sugges- to schemes. for objections tions made to them in writing respecting such scheme, and shall receive any alternative scheme submitted to them by the governing body of any endowment to which the scheme of the Commissioners relates;" and it is expedient to reduce the said period of three months to two months: Be it therefore enacted, that— "Two months" shall be substituted for "three months" in the said section, and all references in the principal Act (b) to the said three months shall be construed to refer to the said two months. (a) Ante, p. 626. (b) Sects. 35 and 36, ante, p. 626. Sect. 13. Amendment of 32 & 33 s. 37, as to approval of 13. The Committee of Council on Education as soon as a scheme is submitted to them (b), shall, before approving the same, cause the scheme to be published and circulated in such manner as they think sufficient for giving information to all persons interested, together Education to with a notice stating that during one month after the first publication of such notice the Committee of Council on Education will receive any objections or suggestions made to them in writing respecting such scheme. Committee of schemes (a). After the expiration of the said month the Committee of Council on Education may, if they think fit, approve (c) the scheme or may remit the scheme, with such declaration as the nature of the case seems to them to require, to the Commissioners (d); and section forty (e) of the principal Act, as to the proceedings where a scheme is remitted with a declaration, shall in such case apply. The Committee of Council on Education as soon as they approve a scheme shall forthwith cause the scheme so approved to be published and circulated in such manner as they think sufficient for giving information to all persons interested, together with a notice stating that unless within two months after the publication of the scheme when approved a petition is presented in pursuance of the principal Act (ƒ) to her Majesty in Council against the scheme, or such petition as in this section mentioned is presented to the Committee of Council on Education, such scheme may be approved by her Majesty without being laid before Parliament (g). During the said two months a petition praying that the scheme may be laid before Parliament may be presented (h) to the Committee of Council on Education by the governing body of the endowment to which the scheme relates, or by the council of any municipal borough directly affected by the scheme, or by any inhabitant ratepayers (not less than twenty) of any municipal borough or place directly affected by the scheme. (a) With regard generally to the procedure for the making of schemes, see note (a) to sect. 32 of the End. Schools Act, 1869, ante, pp. 624, 625. (b) See sects. 36 and 40 of the End. Schools Act, 1869, ante. (c) A scheme with respect to any endowment, &c., vested in her Majesty in right of the Crown or Duchy of Lancaster cannot be approved unless her Majesty assent thereto: s. 4 of this Act, ante. (d) The Charity Commissioners: End. Schools Act, 1874, ss. 1 and 10, post. (e) Ante, p. 631. (f) End. Schools Act, 1869, s. 39, ante. (g) See sect. 15 of this Act, post. (h) If such a petition is presented, the scheme must be laid before Parliament: s. 15 of this Act, post. It may be doubted whether it is obligatory on the Committee of Council on Education to lay the scheme before Parliament, if no such petition has been presented. But, as a matter of practice, they invariably lay all their schemes before Parliament. Sect. 13 (b)—(h). of 32 & 33 s. 39, as to appeal to Council. Queen in 14. Whereas by section thirty-nine (a) of the principal Amendment Act it is provided that her Majesty may by Order in Vict. c. 56, Council refer any petition to her Majesty in Council for the consideration and advice of five members at the least of her Privy Council, of whom two, not including the Lord President, shall be members of the Judicial Committee, and it is expedient to provide that such petition. should be heard by persons of legal experience: Be it therefore enacted, that Every such petition to her Majesty in Council in pursuance of section thirty-nine of the principal Act shall be referred to the Judicial Committee of her Majesty's Privy Council in like manner as if it were an appeal from a Court from which an appeal lies to her Majesty in Council, and the Judicial Committee shall hear and deal with such petitions in like manner as such appeals, and shall have the same power with respect to the costs of parties to the petition and otherwise as they have with respect to any such appeal, and shall make to her Majesty a report or recommendation thereon (the nature of which shall be stated in open Court) in like manner as in the case of any such appeal. Any power by the Supreme Court of Judicature Act, 1873, conferred on her Majesty of directing that appeals which ought to be heard by the Judicial Committee shall be heard by the appellate branch of such Court shall, if her Majesty in Council thinks fit so to direct, apply to petitions presented in pursuance of the said section thirty-nine in like manner as if Sect. 14. they were appeals, and if either an Order in Council relating to other appeals or any separate Order in Council direct that such petitions be referred for hearing to and be heard by the appellate branch of the said Court, the same shall be referred to and heard by that branch of the Court accordingly (b). Laying of schemes before Par (a) Ante, p. 628, and see note (a) thereto. (b) The paragraph in italics was repealed by the Stat. Law Rev. Act, 1883. The section of the Judicature Act, 1873, referred to, was sect. 21, which was repealed by sect. 24 of the Appellate Jurisdiction Act, 1876. 15. If, at the expiration of the time for a petition to her Majesty in Council against any scheme (b), no such petition has been presented, and no petition praying that in Council (a). the scheme be laid before Parliament has been presented liament, and approval of her Majesty in pursuance of this Act (e) to the Committee of Council on Education, it shall be lawful for her Majesty by Order in Council to declare her approbation of such scheme without the same being laid before Parliament (d). If any such petition has been presented, the scheme. shall be laid before both Houses of Parliament, and shall be so laid forthwith, if Parliament is then sitting, after the expiration of the time for the presentation of a petition to her Majesty in Council (b), or (if a petition is presented to her Majesty in Council against the scheme) after any later date at which the petition is withdrawn, or her Majesty in Council directs the scheme to be laid before Parliament, and if Parliament be not then sitting, shall be so laid within three weeks after the beginning of the next ensuing session of Parliament; and if such scheme has lain before Parliament for not less than two months during the same session, then unless an address has been presented within such two months by one or other of the Houses of Parliament praying her Majesty to withhold her consent from such scheme or any part thereof, it shall be lawful for her Majesty by Order in Council to declare her approbation of such scheme or any part thereof to which such address does not relate (d). (a) This section is substituted for sect. 41 of the End. Schools Act, 1869, which is repealed by sect. 20 of the present Act. (b) See sect. 39 of the End. Schools Act, 1869, ante. (c) Sect. 13, ante. (d) In case of the scheme not being approved by her Majesty, the commissioners may proceed to prepare another: End. Schools Act, 1869, s. 43, ante. The order in council approving a scheme is conclusive evidence of its validity: End. Schools Act, 1869, s. 47, ante. Sect. 15 (b), (c), (d). report. 16. The Commissioners (a) shall make to the Committee Annual of Council on Education in every year a report of their proceedings under the principal Act and this Act, and such report shall be laid before Parliament. Such report shall describe all schemes not laid before Parliament which have been approved by her Majesty during the year for which such report is made. (a) The Charity Commissioners: End. Schools Act, 1874, ss. 1 and 10, post. of powers schemes. 17. The power of making and approving a scheme under Continuance the principal Act as amended by this Act shall continue as of making respects unopposed schemes until thirty-first December one thousand eight hundred and seventy-four, and as respects schemes against which a petition shall have been presented to the Committee of Council on Education, as in this Act provided, until the fifteenth August one thousand eight hundred and seventy-four, and no longer (a). (a) Repealed by sect. 7 of the End. Schools Act, 1874. With regard to the further continuance of these powers, see sect. 6 of that Act, post, and note (c) thereto. any univerUnited King be held quali the statutes 18. Whenever according to the rules, regulations, Graduate of statutes, trusts, or constitution of any school, being an sity of the endowed school within the meaning of "The Endowed do dom, if otherSchools Act, 1869” (a), and with regard to which the said wise fit, shall Commissioners (1) are thereby empowered to make a fied where new scheme, the head master or any other master is required to be a graduate of some specified university or to be a universities, a graduate of any university of the United Oxford or Kingdom having the degree which would be a qualifica- Cambridge. tion if it had been granted by one of the said specified require the head master graduate of |