§ Lord Denningasked Her Majesty's Government:
Further to the Answer of the Baroness Blatch of 23rd April 1991 (H.L. Deb., col. WA 4) about Barkestone Church of England School, whether the Order of the Charity Commissioners of 28th February 1882 is still in force and governs the future disposition of the assets as well as the past and cannot be revoked or varied by the Secretary of State under Section 2(6) of the Education Act 1973.
§ The Parliamentary Under-Secretary of State, Department of the Environment (Baroness Blatch)The order of the Charity Commissioners dated 28th February 1882 had the effect merely of varying certain provisions of the founding deed dated 12th June 1830. Barkestone Church of England School therefore remained subject to the trusts comprised in the deed of 1830, as varied by the order of 1882, up to the point at which those trusts failed when the premises ceased to be used for the purposes of a voluntary school. The Secretary of State is empowered under Section 2 of the Education Act 1973 to make new provision for the use 45WA of the endowments of Barkestone School. In accordance with Section 2(6) of the 1973 Act, such provision in respect of Barkestone School includes the appointment of new trustees.