HL Deb 14 June 1990 vol 520 cc524-5WA
Lord Denning

asked Her Majesty's Government:

Following Baroness Blatch's Answer on 22nd May 1990 (H.L. Deb., col. 889), whether the Charity Commissioners received any applications under Section 2 of the Education Act 1973 for sale in respect of schools closed before 1st April 1945 or made any orders as to the proceeds of sale of these schools.

Baroness Blatch

Responsibility for making orders under Section 2 of the Education Act 1973 rests exclusively with the Secretary of State for Education and Science. The Secretary of State has received a small number of applications for such orders in respect of schools closed before 1st April 1945 where the trust assets were represented by either the school premises or the proceeds of sale of such premises. A number of orders have been made which authorise the application of the trust assets of such schools for the benefit of other denominational schools in the relevant diocese and provide, where applicable, additional authority to sell the trust property.

Lord Denning

asked Her Majesty's Government:

Following the statement in the last sentence of Baroness Blatch's Answer on 22nd May 1990 (H.L. Deb., col. 889) when the proceeds of sale were expended and by whom and for what purpose.

Baroness Blatch

The proceeds of sale to which I referred in the Answer I gave the noble and learned Lord on 22nd May 1990 were the subject of orders under Section 2 of the Education Act 1973, and thus will have been added to diocesan funds and applied for the benefit of other schools of the same denomination within the diocese.

Lord Denning

asked Her Majesty's Government:

Following Baroness Blatch's Answer on 22nd May 1990 (H.L. Deb., col. 889) whether any scheme made under Section 86 of the Education Act 1944 included a provision that Section 11, among others, of the Endowed Schools Act 1869 should have effect.

Baroness Blatch

Schemes made under Section 86 of the Education Act 1944 did not include provision that Section 11, among others, of the Endowed Schools Act 1869 should have effect. The provisions made under the terms of Section 86 schemes override the earlier provisions contained in the Endowed Schools Act.

Lord Denning

asked Her Majesty's Government:

Following Baroness Blatch's Answer on 22nd May 1990 (H.L. Deb., col. 889) whether any order made latterly under Section 2 of the Education Act 1973 should have provided for the proceeds of sale to be used in ways "related to the locality formerly served by the voluntary school".

Baroness Blatch

Orders made under Section 2 of the Education Act 1973 provide primarily for the proceeds of sale to be applied for the benefit of new and continuing denominational voluntary schools in the diocese.

Where a request is received from trustees, and with the agreement of the diocese, such orders provide for the proceeds of sale to be used partly for the benefit of the locality formerly served by the voluntary school by allocating a proportion to be made available for promoting religious education in the parish by means of a Sunday school fund.