HL Deb 22 May 1990 vol 519 cc888-9WA
Lord Denning

asked Her Majesty's Government:

Whether they are aware that several Church of England schools founded in Victorian times ceased before 1st April 1945; and that proceeds of sale were then applied for diocesan purposes without lawful authority; and whether the Secretary of State is now attempting to regularise the position by a proposed order 50 years later.

Baroness Blatch

Her Majesty's Government are aware that there are a number of Church of England schools founded during the mid to late nineteenth century which closed before 1st April 1945. In the absence of an application to include a school in an order under Section 2 of the Education Act 1973, the management or disposal of property held on trust for charitable purposes falls to the trustees under general charities law, responsibility for which rests with the Charity Commissioners. The Secretary of State for Education and Science is thus not in a position to say whether or not proceeds of sale of schools closed before 1945 have been applied without lawful authoritiy. The Secretary of State, to his knowledge, has not made an order under Section 2 of the 1973 Act in respect of any school which closed before 1st April 1945 where the proceeds of sale already had been expended.

Lord Denning

asked Her Majesty's Government:

Whether the proceeds of the sale by county councils and diocesan authorities of the premises of Church of England schools closed between 1st April 1945 and 29th July 1988 should in law have been applied for the benefit of the inhabitants of the parishes in which they were situated, rather than a pplied for diocesan purposes.

Baroness Blatch

Where a denominational voluntary school closed and was sold between 1st April 1945 and 29th July 1988, the proceeds of sale were applied for the benefit of other schools of the same denomination in the diocese only in circumstances where the school was included in a scheme made under Section 86 of the Education Act 1944 or, latterly, in an order made under Section 2 of the Education Act 1973. The Secretary of State is satisfied that such schemes and orders are, and are to be treated as, lawful.