§ Lord Denningasked Her Majesty's Government:
Following the Answer of the Baroness Blatch on 27th February (H.L. Deb., col. WA49), on what ground the Secretary of State says the Trust of the Barkestone Church of England School failed, seeing that it is still being faithfully carried out by the Trustees of the Daniel Smith School Charity; and what are the "incidental or supplementary provisions" which enable the Secretary of State to apply subsection (6) of Section 2.
§ The Parliamentary Under-Secretary of State, Department of the Environment (Baroness Blatch)The property of the Barkestone Church of England School was conveyed upon trust that it should be used and occupied for the purposes of a school. The trust therefore failed when the school closed in 1989. Since then, the property has not been used for school purposes in accordance with the trust but has been utilised by the trustees to meet the general needs of the local community.
The application of Section 2(6) is not dependent on the existence of "incidental or supplementary provisions". The Secretary of State is empowered under Section 2(6) to include such provisions in an order where, inter alia, he considers it expedient for the purposes of the scheme established by the order.