HL Deb 16 July 1991 vol 531 cc9-10WA
Lord Denning

asked Her Majesty's Government:

Further to the Answer of the Earl Ferrers on 1st July (WA 49), whether, irrespective of their own wishes, the trustees are not bound to proceed with the application, having regard to the decision in Poor's case 1891, 3 Ch 400, and the words of Section 1(5)(b) of the Reverter of Sites Act 1987.

Earl Ferrers

The decision inPoor's case may well be an authority for the proposition that, once an application for a scheme has been made to the Charity Commissioners by the trustees of a charity, it cannot be withdrawn by them. The commissioners, however, are not bound to make any scheme for which trustees apply. It is a matter for their discretion.

I understand that no decision will be made on this matter until the correspondence referred to in my previous Answer has been concluded.