§ Lord Denningasked Her Majesty's Government:
Whether, in the case of a proposed order under Section 2 of the Education Act 1973 for the Diocese of Leicester, it is open to the Secretary of State to transfer the trusteeship of the Barkestone Church of England School away from the Daniel Smith School Charity, and to put it into the hands of the Diocesan Board of Education and to modify the trust deeds without making the consultations required by Section 1, sub-paragraph (2)(a).
§ Baroness BlatchThe Secretary of State is empowered to vest trusteeship of Barkestone Church of England School in the Diocesan Board of Education under the terms of the proposed order under Section 2 of the Education Act 1973 for the Diocese of Leicester by virtue of subsection (6) of that section. The proposed order does not seek to modify trust deeds to enable the trustees to meet certain requirements under the Education Acts but to create new trusts in respect of those which have failed. Section 1 of the 1973 Act therefore has no application in relation to Barkestone School. In accordance with Section 2(2) of the 1973 Act, the Secretary of State has given notice of the proposed order and of the right of persons interested to make representations on it.