HL Deb 19 November 1990 vol 523 cc17-8WA
Lord Denning

asked Her Majesty's Government:

Following the Answer of the Lord Chancellor on 31st October 1990 [H.L. Deb., col. 1891] whether the phrase "voluntary school" in section 112(3) (a) of the Education Reform Act 1988 extends to voluntary schools anywhere in England and Wales or is limited to voluntary schools generally in the diocese, or is limited to voluntary schools in the area of benefit of the endowment concerned.

The Parliamentary Under-Secretary of State, Department of the Environment (Baroness Blatch)

The phrase voluntary schools is not qualified. The primary purpose behind an order made under Section 2 of the Education Act 1973 (as amended by Section 112(3) (a) of the Education Reform Act 1988) is to make new provision for educational endowments with a view to enabling the denomination concerned to participate more effectively in the administration of the statutory system of public education. The Secretary of State could accordingly make an order under that section making new provision for the use of those endowments for appropriate educational purposes in connection with voluntary schools throughout England and Wales. In practice the denomination concerned is the Church of England and Section 2(2) of the Education Act 1973 provides that an order shall not be made "except on the application of the persons appearing to the Secretary of State to be the appropriate authority of the denomination concerned". This is invariably the relevant diocesan authority and it follows that the application will relate to the use of the endowment for other Church of England voluntary schools in that diocese.

Lord Denning

asked Her Majesty's Government:

Following the Answer of the Lord Chancellor on 31st October 1990 [H.L. Deb., col. 1891] whether Section 2(4) of the Education Act 1973 is narrowed by the opening words making it "subject to any provision affecting the endowments of any public General Act of Parliament" and whether those words make it subject to Section II of the Endowed Schools Act 1869 or to Section 13(4) of the Charities Act 1960, which limit the area of benefit of a local charity.

Baroness Blatch

An order under Section 2 of the Education Act 1973 making new provision for the use of an educational endowment is indeed subject to any provision affecting the endowment of any public general Act of Parliament. To that extent therefore the application of Section 2 is narrowed.

Section 11 of the Endowed Schools Act 1869 was repealed by the Education Act 1973.

Section 13(4) of the Charities Act 1960 is not relevant here because there is no question of applying property cy-près. Furthermore, Section 13(4) does not operate so as to prevent the area of benefit of a charity from being extended. The power under Section 13(4) is, for example, without prejudice to the general jurisdiction of the courts and the charity commissioners to make schemes expanding the area of benefit of charities to the extent necessary to permit the property to be suitably and effectively applied in a manner consistent with its original trusts.