HL Deb 04 July 1990 vol 520 cc2253-4WA
Lord Denning

asked Her Majesty's Government:

Whether many of the schemes framed by the Minister of Education in the 1950s under the Endowed Schools Acts 1869 to 1948 were invalid in that they purported to repeal every Act of Parliament of trust affecting the foundations, including Section 11 of the Endowed Schools Act 1869; and purported to repeal the area of benefit of every trust and to substitute for it the benefit of any voluntary aided school in the diocese; and whether or not the schemes now have effect by reason of Section 113 of the Education Reform Act 1988.

Baroness Blatch

Only the courts can make authoritative pronouncements on the validity or otherwise of schemes made under the Endowed Schools Acts 1869 to 1948. In the absence of, and until, any adjudication against their validity, my right honourable friend the Secretary of State for Education and Science considers that they are, and should be treated as, valid and lawful. Section 113 of the Education Reform Act 1988 does not alter the position.