HL Deb 18 February 1991 vol 526 cc20-2WA
Lord Denning

asked Her Majesty's Government:

Further to the Answer given by Baroness Blatch on 29th January (H.L. Deb., cols. WA24–26) whether, in the case of schools where the authority to sell was given by "Section 14 of the School Sites Act 1841", the sale took place with the prior consent of the Secretary of State (as required by that question); and whether the proceeds of sale have been paid or will be paid to the local education authority or to the diocese.

Baroness Blatch: In the case of those schools which were sold under the authority conferred by Section 14 of the School Sites Act 1841, the sale took place without the prior consent of the Secretary of State. The consent of the Secretary of State is required only where the school received a Parliamentary Building Grant towards the erection of the school. According to the department's records, no application was made to the Secretary of State to provide such consent.

The proceeds of sale of the school sites and premises of Dorking, St. Martin's and Ottershaw have been or will be paid to the local education authority under the provisions of paragraph 7 of Schedule 1 to the Education Act 1946. The assets representing Farncombe School, which comprise the balance of the proceeds of sale after provision had been made for a new site, have been vested partly in the Guildford Diocesan Board of Finance and partly in the Rector and Churchwardens of the Parish of Farncombe under the terms of the Diocese of Guildford (Educational Endowments) Order 1990 (SI 1990/2530).

Lord Denning

asked Her Majesty's Government:

Further to the Answer given by Baroness Blatch on 29th January (H.L. Deb., cols. WA24–26), whether, in the case of schools where the authority to sell was given by "Charity Commission Sale Order", it was given in pursuance of the "arrangement" described in paragraph 76 of the Report of the Charity Commissioners for 1988 and in consequence of an application under Section 2 of the Education Act 1973.

Baroness Blatch

In the case of those schools where the authority was given by a Charity Commission Sale Order, the authority was given in accordance with the arrangement described in paragraph 76 of the Report of the Charity Commissioners for 1988. In each case, the school was subject to an application for an order under Section 2 of the Education Act 1973.

Lord Denning

asked Her Majesty's Government:

Further to the last paragraph of the first Answer given by Baroness Blatch on 29th January (H.L. Deb., col. WA24), whether the Secretary of State will give a typical example of the "provision made generally in deeds of church schools", and of the "Sunday school usage".

Baroness Blatch

A typical example of the provision made generally in deeds of church schools reads as follows… THE PRINCIPAL OFFICIATING MINISTER for the time being of the said Ecclesiastical District shall have the superintendence of the religious and moral instruction of all the Scholars attending such school and may use and direct the premises to be used for the purposes of a Sunday School under his exclusive control and management …

Although the department does not have to hand an example which specifies that such usage should amount to one and a half days out of seven, it is generally accepted by trustees and other voluntary bodies that school premises were commonly used on that basis for Sunday school purposes. The department has not encountered a deed which defines "Sunday school usage".

Lord Denning

asked Her Majesty's Government:

Further to the middle paragraph of the first Answer given by Baroness Blatch on 29th January (H.L. Deb., col. WA24), whether the division of the trust assets into three-fourteenths and eleven-fourteenths is a fixed proportion for each parish, disregarding any differences in their individual needs; whether the three-fourteenths for a "Sunday school fund" is payable irrespective of whether the named parish has or will have a Sunday school; and whether the eleven-fourteenths for a "school fund" is payable for the benefit of the named parish or the diocese.

Baroness Blatch

The proportion of trust assets allocated to a parish for the purpose of a Sunday school fund is normally three-fourteenths. The proportion allocated for this purpose is sometimes less and, in exceptional circumstances, more than three-fourteenths, depending on the value of the total assets available and the particular needs of the locality in question.

Provision for a Sunday school fund is made at the request of the trustees and with the agreement of the diocese and the Secretary of State, irrespective of whether the named parish has or will have a Sunday school; the assets allocated to a Sunday school fund must be applied for the provision of denominational religious education by means of a Sunday school or otherwise. The eleven-fourteenths allocated for a school fund must be applied for the benefit of new and continuing voluntary schools of the same denomination in the diocese.