§ Lord Denningasked Her Majesty's Government:
Following the Answer of Baroness Blatch on 18th March (H.L. Deb., col. WA 17), whether, if the trust in the conveyance relating to Barkestone Church of England School has failed, the proper course is for the property to be applied cy-pres under Section 13 of the Charities Act 1960 or for the trust deed to be modified under Section 1(2) (a) of the Education Act 1973 rather than for the Secretary of State to make an order under Section 2(1) of that Act.
§ Baroness BlatchNew provision for the use of the property comprising Barkestone Church of England School must take the form of either an order under Section 2 of the Education Act 1973 or, where such an order is not made, by means of a scheme made by the Charity Commissioners under the Charities Act 1960. Section 1 of the Education Act 1973, which enables the Secretary of State to modify trust deeds where it appears to him to be requisite to enable governors of continuing schools to meet certain requirements under the Education Acts, has no application in relation to Barkestone School. The Secretary of State is satisfied that the school should be included in the proposed order which, in accordance with Section 2 of the Education Act 1973, will enable the denomination concerned to participate more effectively in the administration of the statutory system of public education.
§ Lord Denningasked Her Majesty's Government:
Following the second part of the Answer of Baroness Blatch on 18th March (H.L. Deb. col. WA 17), whether the only power to remove a Charity Trustee is that given to the Charity Commissioners by Section 18(1)(b) and by Section 20 of the Charities Act 1960, under which there is an appeal to the High Court; or whether it exists also under Section 2(6) of the Education Act 1973, in which there is no appeal.
§ Baroness BlatchThe only powers available to the Charity Commissioners to remove a charity trustee are under Sections 18(1)(b) and 20 of the Charities Act 1960. However, where the trusts affecting a denominational voluntary school fail, the Secretary of State is empowered under Section 2 of the Education Act 1973 to make an order to establish and give effect, with a view to enabling the denomination concerned to participate more effectively in the statutory system of public education, to a scheme or schemes for the endowments dealt with by the order to be used for appropriate educational purposes. This invariably involves the establishment of a new foundation or foundations and the appointment of new trustees. The trustees of the old foundation have no right of appeal but they may make representations to the Secretary of State as provided for by Section 2.