HL Deb 15 July 1991 vol 531 c1WA
Lord Denning

asked Her Majesty's Government:

Further to the second Answer of Baroness Blatch on 26th June (WA 44), whether the property and funds of the Barkestone School are still vested in the Official Custodian for Charities and whether, by reason of Section 17(1) of the Charities Act 1960 and Section 4 of the Public Trustee Act 1906, the vicars and churchwardens are still the managing trustees alone entitled to exercise the power of sale and of appointing new trustees to the exclusion of any such power in the Secretary of State under the proposed order or otherwise.

The Minister of State, Home Office (Earl Ferrers)

The land belonging to Barkestone Church of England School was vested in the Official Trustee of Charity Lands by an order of the Charity Commissioners dated 28th February 1882. The order also appointed the vicars and churchwardens for the time being of the parishes of Barkestone and Plungar as managing trustees of the charity. The land remains vested in the Official Custodian for Charities as the successor to the Official Trustee of Charity Lands.

Section 17(1) of the Charities Act 1960 confers upon the Official Custodian the same powers and responsibilities as a custodian trustee under Section 4 of the Public Trustee Act 1906. By virtue of Section 17, the Official Custodian is precluded from exercising any powers of management in respect of the trust property vested in him. These powers in relation to the former Barkestone School premises, including the power to sell the property, remain vested in the persons who are the vicars and churchwardens for the time being of the parishes of Barkestone and Plungar. If however, an order is established under Section 2 of the Education Act 1973 in the form proposed by the Secretary of State, the managing trusteeship of the charity will pass from the vicars and churchwardens to the Leicester Diocesan Board of Education under the terms of the order. The Official Custodian will be obliged to concur in any sale of the trust property following an exercise of the authority given to the board by the order.