HL Deb 12 June 1991 vol 529 cc62-3WA
Lord Denning

asked Her Majesty's Government:

Further to the Answers by the Baroness Blatch on 23rd April (WA 4) and 23rd May (WA 19), whether the proposed Order of the Secretary of State for Education purports to authorise the sale of the property and funds of Barkestone School even though they are vested in the Official Custodian for Charities and should not have been included.

Baroness Blatch:

The order for the Diocese of Leicester authorises under Section 2(3) of the Education Act 1973 the sale of all the properties specified in the schedule to the order, including the property of the former Barkestone School.

Property vested in the Official Custodian for Charities is not precluded from inclusion in an order under Section 2 of the 1973 Act. The status of the Official Custodian for Charities is similar to that of custodian trustee. Section 17 of the Charities Act 1960 makes clear that the function of the Official Custodian for Charities is that of a holding trustee, the powers of management being vested in the charity trustees as defined by Section 46 of the Charities Act 1960.