§ Lord Denning
asked Her Majesty's Government:
Whether the Secretary of State has any power under Section 2 of the Education Act 1973 to remove trustees who have made representations to him under Section 2(2)(a) of that Act or whether they are protected by the provisions of the Charities Act 1960 from removal except for misconduct.
§ The Minister of State, Department of Education (Baroness Blatch)
Section 2(6) of the Education Act 1973 gives the Secretary of State power to include in a scheme made under Section 2 "any such incidental or supplementary provisions as appear to the Secretary of State to be necessary or expedient … for the operation of any scheme thereby established". Section 2(6) also gives the Secretary of State express power to provide for the appointment of trustees of property comprised in a Section 2 scheme, and for the vesting of such property in them and the transfer of property to them. Section 2 orders do not expressly provide for the removal of the original trustees of the70WA voluntary school foundation. They generally appoint new trustees and provide for the property to be transferred to them and vested in them.
The provisions of the Charities Act 1960 do not have the effect of preventing the Secretary of State in an order under Section 2 of the Education Act from transferring property to new trustees and vesting it in them.