§ Lord Denningasked Her Majesty's Government:
Further to the Answers of Baroness Blatch on 28th March and 7th May, whether the trustees of the Barkestone Church of England School made a valid application to the Charity Commissioners for a cy-près scheme dated 30th March 1990 and why the Charity Commissioners did not proceed with it and diverted it instead to the Secretary of State for Education under Section 2 of the Education Act 1973.
Earl Ferrers:I understand that the trustees of Barkestone Church of England School have not made a valid application to the Charity Commissioners for a cy-près scheme and that the letter from the chairman of the trustees, dated 30th March 1990, merely sought the observations of the commissioners on the proposals of the trustees for new provision for the use of the former school premises.
The commissioners did not invite the trustees to apply for a scheme as they were informed by the Department of Education and Science on 17th April 1990 that the Secretary of State proposed to include the school in an order under Section 2 of the Education Act 1973. If such an order is not made, the commissioners will be able to establish a scheme under Section 18 of the Charities Act 1960 in exercise of their cy-près jurisdiction.