§ Lord Denningasked Her Majesty's Government:
Following the Answer of the Baroness Blatch of 28th March 1991 (H.L. Deb., col. WA 72), whether the legal position of the Barkestone School is governed by an order under seal of the Charity Commissioners of 28th February 1882 (under which the Vicar and Churchwardens are the trustees for the administration of the charity and under which the lands and funds are vested on the Official Custodian for Charity); and whether having regard to Section 3(8) of the Charities Act 1960 it is open to the Secretary of State to revoke 4WA the said order of 28th February 1882 of the Charity Commissioners and to substitute new foundations and new trustees in place of the old.
§ The Parliamentary Under-Secretary of State, Department of the Environment (Baroness Blatch)The future disposition of the assets representing Barkestone Church of England School is not governed by the order of the Charity Commissioners dated 28th February 1882. New provision for the use of the endowments of the foundation must take the form of either an order under Section 2 of the Education Act 1973 or a scheme made by the Charity Commissioners under the Charities Act 1960. The Secretary of State is empowered under Section 2(6) of the Education Act 1973 to establish new foundations and appoint new trustees. Section 3(8) of the Charities Act 1960 was repealed by the Education Act 1973.
Where property or funds are vested in the Official Custodian for Charities, orders made under Section 2 of the 1973 Act seek neither to vest such property in nor transfer such funds to the diocesan authority.