HL Deb 14 December 1972 vol 337 cc753-4

3.24 p.m.


My Lords, I beg to move that this Bill be now read a third time.

Moved, That the Bill be now read 3a.—(Lord Belstead.)

On Question, Bill read 3a.

Clause 1 [General provisions as to educational trusts]:

LORD BELSTEAD moved Amendment No. 1: Page 2, line 2, after ("deed") insert ("or other instrument").

The noble Lord said: My Lords, I beg to move Amendment No. 1. I apologise for bringing this Amendment forward at Third Reading. It is a drafting Amendment. In its present form the paragraph permits the modification of the trust deed of a school if this is necessary to give effect to a decision taken by the Secretary of State under Section 13 or Section 16 of the Education Act 1944. Many schools are regulated by other instruments, in particular schemes made under the Charitable Trusts Act (before 1961) and the Charities Act 1960 (since 1960). There is no problem about the modification of such instruments in the case of voluntary schools, because Section 114 (1) of the 1944 Act defines the trust deed of such a school in terms which include those instruments. But it may also be necessary to exercise this power in relation to independent schools and direct grant schools and the definition in Section 114(1) does not apply to them. This Amendment enables such instruments to be modified in the same way as trust deeds.


My Lords, I should like to thank the noble Lord for his explanation. I am still not clear what an "instrument" is as opposed to a "trust deed", but I have no doubt that in this connection this will be an improvement to the Bill.


My Lords, I think the instruments would stem from schemes made under the Charitable Trusts Act or Charities Act 1960.

On Question, Amendment agreed to.


My Lords, I beg to move Amendment No. 2. This Amendment has the same effect for the next sub-paragraph.

Amendment moved— Page 2, line 9, after ("deed") insert ("or other instrument").—(Lord Belstead.)

On Question, Amendment agreed to.

Bill passed, and sent to the Commons.