§ Lord Denningasked Her Majesty's Government:
Following the answer of the Baroness Blatch on 6th March (H.L. Deb., col. WA 71) whether the Secretary of State is aware that the conveyance was not only for the purposes of a school but also for the uses to which it is now being put by the trustees, and whether he will point to the passage in Section 2(6) which enables him to remove the existing trustees and replace them by the Leicester Diocesan Board of Finance.
§ The Parliamentary Under-Secretary of State, Department of the Environment (Baroness Blatch):The Secretary of State does not accept that Barkestone Church of England School was conveyed for any 18WA purpose other than as a school. The property was conveyed upon trust that it should be "used and occupied for the purposes of a School and a Place of residence for the Schoolmaster and Schoolmistress for the general use and benefit of the said Parishes …". The Secretary of State is satisfied that the founding deed created solely educational trusts on the grounds that the school was intended to be of general use and benefit to the parishes rather than the land and buildings which comprised the school.
Under Section 2(6) of the Education Act 1973, an order "may include any such incidental or supplementary provisions …, including in particular provisions for the appointment and powers of trustees of the property comprised in the scheme …, and for the property … to vest by virtue of the scheme in the first trustees under the scheme …".