HC Deb 24 June 1920 vol 130 cc2380-1
100. Sir J. BUTCHER

asked the Secretary to the Treasury whether his attention has been called to the fact that the Charity Commissioners have no statutory or other power to insist that the proceeds of the sale of charity lands shall be paid to the Official Trustees of Charity Lands, but have power only to give directions for securing the due investment of these proceeds; and whether, in cases where the due investment of such proceeds will be fully secured by payment to the trustees of the charity, the Commissioners are entitled to insist on such proceeds being paid to the Official Trustees of Charity Lands instead of being paid to the trustees of the charity?

Mr. BALDWIN

The answer to the first portion of the hon. and learned Member's question is in the negative. In answer to the second portion of his question, I am informed by the Charity Commissioners that they claim to have jurisdiction in the case of every sale of charity land authorised by them, to include, if they so think fit, in the Order of the Board authorising the sale, a direction that the proceeds of sale, when received by the trustees of the charity concerned, shall be paid to the Official Trustees of Charitable Funds for investment in the name of the said Official Trustees in trust for the charity. The Charity Commissioners have acted upon the view that they possess jurisdiction to give such a direction ever since their powers were extended by the Charitable Trusts Amendment Act, 1855; and, so far as the present Commissioners are aware, the correctness of the view has never been questioned in a Court of law.

Sir J. BUTCHER

Could my right hon. Friend say what opportunity the House will have to discuss the action of the Charity Commissioners?

Mr. BALDWIN

I am afraid I have not the least idea.