§ Lord Denning
asked Her Majesty's Government:
Whether a diocesan authority can make an application under Section 2 of the Education Act 1973 in respect of a closed voluntary school where the premises have been sold unlawfully by the diocesan authority itself or by other unknown persons without an order under Section 29 of the Charities Act 1960 or Section 2(3) of the Education Act 1973.
§ Baroness Blatch
Diocesan authorities may make application under Section 2 of the Education Act 1973 in respect of the endowments of any discontinued voluntary school which can be shown to have been held or used for or in connection with the provision at the school of religious education in accordance with the tenets of the religious denomination in question.38WA Such applications may relate to the school site and premises or the proceeds of sale of such land and property.
Where an application relates to land and property, orders under Section 2 of the 1973 Act provide authority to sell in accordance with subsection (3). Where proceeds of sale are involved, the Secretary of State seeks to establish whether the premises were sold —
- (a) by authority of the Charity Commissioners under the Charities Act 1960 or
- (b) in exercise of the powers conferred by Section 14 of the School Sites Act 1841 or
- (c) under the provisions of Section 1(2) of the Reverter of Sites Act 1987.
Orders made under Section 2 of the 1973 Act, therefore, invariably incorporate the proceeds of sale of premises which have been sold lawfully.