HL Deb 26 June 1991 vol 530 c44WA
Lord Denning

asked Her Majesty's Government: Further to the first Answer of the Baroness Blatch on 12th June (WA 62), whether it was the duty of the trustees to apply for provision for a Sunday School fund or other fund for the benefit of the locality; and whether, if they did not apply out of ignorance, it was the duty of the Secretary of State to inform and advise them, or, alternatively, of the Charity Commissioners under Section 1, subsection (3), of the Charities Act 1960.

Baroness Blatch

Trustees are under no obligation to apply for provision for a Sunday School fund or other fund for the benefit of the locality. They must act as they think best.

The Secretary of State is not bound to advise trustees as to whether or not provision for a Sunday School fund should be requested. Section 1 of the Charities Act 1960 has no application in relation to discontinued denominational voluntary schools. The disposition of such schools, subject to an application by the appropriate authority, is governed by Section 2 of the Education Act 1973. In the absence of an application for an order under Section 2 of the Education Act 1973, the Charity Commissioners would be asked to make a scheme under the Charities Act 1960.