§ Lord Denning
asked Her Majesty's Government:
Whether the Secretary of State for Education was correct in asserting, as he did in a letter of his department dated 4th November 1991, that the rector and church wardens are no longer trustees of the Barkestone School Foundation: and if so, how and by whom they were removed without any hearing and by virtue of what provision in any Act of Parliament or otherwise, and whether there is any appeal open to them against their removal.
§ The Minister of State, Department of the Environment (Baroness Blatch)
The Secretary of State is correct to state that the rector and churchwardens are no longer trustees of the Barkestone School Foundation. Article 4(1) of Statutory Instrument 1991/1254, in accordance with Section 2(6) of the Education Act 1973, appoints the Leicester Diocesan Board of Education as new trustee of the foundation as part of a scheme for the endowments dealt with by the order to be used for appropriate educational purposes. The former trustees have no right of appeal against the Secretary of State's decision to make the order. However, the Secretary of State gave notice of the proposed order to the trustees, as required by Section 2(2) of the Education Act 1973, and invited representations which were taken into account before the order was made.