HL Deb 03 March 1993 vol 543 cc37-8WA
Lord Denning

asked Her Majesty's Government:

Further to the Answers of Baroness Blatch on 27th January and 10th February 1993, whether the department has any knowledge of "the trusts of the original trustees" and will specify them; and whether those trusts failed on the closure of the schools and thus put the trustees under a duty to apply for a cy près scheme under Section 13, subsection (5) of the Charities Act 1960; and how and when the proceeds of sale became "vested in the diocesan board" and whether the vesting deed gives details of the sale proceeds.

The Minister of State, Department for Education (Baroness Blatch)

The department does not hold details of the trusts of the original trust deeds of the foundations known as Dorking St. Martin's Church of England School and Ottershaw Church of England School but will write to provide details as soon as possible.

The assets of the foundation known as Dorking St. Martin's Church of England School not defined as "trust assets" in the Diocese of Guildford (Educational Endowments) Order 1990, including the proceeds of sale of the former school premises, continue to be held on the trusts declared in the deed dated 4th March 1861. Similarly, the proceeds of sale of the former school premises of the foundation known as Ottershaw Church of England School, which are not defined as "trust assets" in the 1990 order, continue to be held on the trusts declared in the deed dated 20th November 1869. Both schools have transferred to new sites provided by the local education authority and will remain open.

The trustees of the proceeds of sale of the former premises of each school, the Guildford Diocesan Board of Finance, will continue to hold these funds on the original trusts in each case unless and until the Secretary of State is asked to make a determination under paragraph 7 of Schedule 1 to the Education Act 1946 in favour of the local education authority.

The order does not give details of the proceeds of sale of the former premises of the two schools because the order does not declare new trusts in respect of these funds; it only appoints new trustees.