§ Lord Denningasked Her Majesty's Government:
What was the legal basis for the arrangement between the Charity Commissioners and the Department of Education and Science for the authorisation of urgent sales of property belonging to discontinued denominational voluntary schools, referred to in paragraphs 76 and 77 of the Report of the Charity Commissioners in 1988; whether the Secretary of State in each case fulfilled all the conditions precedent to his making an order; and whether the Charity Commissioners had statutory authority for making the order in his stead.
§ Viscount DavidsonIn authorising the urgent sale of property belonging to discontinued denominational voluntary schools, the Charity Commissioners exercised their powers under Section 29 of the Charities Act 1960. In each case, the Secretary of State met all the conditions precedent to his making an order under Section 2 of the Education Act 1973. The Charity Commission have statutory authority under Section 29 of the Charities Act 1960 for making sale orders only. Authority for making orders under Section 2 of the Education Act 1973, which provide for the disposal of the proceeds of such sales, rests exclusively with the Secretary of State for Education and Science.