§ Lord Denningasked Her Majesty's Government:
Further to the Answers of the Baroness Blatch on 26th June (WA 44) and 10th July (WA 91), whether the opening words of Section 2(4) of the Education Act 1973, "Subject to any provision affecting the endowment of any Public General Act of Parliament", does make the remaining words subject to any information and advice given by the Charity Commissioners under Section 1(3) of the Charities Act 1960; and whether the Charity Commissioners should not therefore give information and advice to charity trustees so as to enable them to make a request for a Sunday school fund or other provision for the locality.
Earl FerrersSection 1(3) of the Charities Act 1960 gives statutory expression to the commissioners' general function of promoting the effective use of charitable resources by encouraging the development of better methods of administration, by giving trustees information or advice on any matter affecting the charity and by investigating and checking abuse. It does not appear to be a provision of the kind referred to in Section 2(4) of the Education Act 1973.
§ Lord Denningasked Her Majesty's Government:
Whether in respect of the Hollandfen School in Lincolnshire, an application by the Trustees of the Charity Commissioners for a cy-pres scheme under Section 13(5) of the Charities Act 1960 takes precedence over an application by the Diocesan 65WA authorities to the Secretary of State under Section 2(4) of the Education Act 1973 by reason of the opening words "subject to any provision affecting the endowments of any Public General Act of Parliament".
Earl FerrersSection 13 of the Charities Act 1960 does not appear to be a provision "affecting the endowments" of voluntary denominational schools of the kind referred to in Section 2(4) of the Education Act 1973.