HL Deb 12 November 1991 vol 532 cc27-8WA
Lord Denning

asked Her Majesty's Government:

Further to the Answers of the Baroness Blatch on 23rd April 1991 (W.A.4) and 10th July 1991 (W.A. 91), whether it was the duty, not only of the diocese, but also of the Secretary of State, to consult the trustees on the ground that it was the duty of the Secretary of State under Section 112(3)(b) of the Education Reform Act 1988 to determine, as a matter of policy, whether any, and if so what, part of the proceeds of sale should be applied in a way "related to the locality served by the school at the premises that have gone out of use".

Baroness Blatch

The Diocese of Leicester was under no obligation to consult the trustees of Barkestone School about the possibility of requesting provision for part of the proceeds of sale to be retained for local purposes. The Secretary of State gave notice of the proposed order to the trustees as required by Section 2(2) of the Education Act 1973. The Secretary of State decided, in exercise of his discretionary power under Section 2(4) of the Education Act 1973, as amended by Section 112(3)(b) of the Education Reform Act 1988, that, in the absence of a request from the trustees, none of the proceeds of sale of Barkestone School should he applied for local purposes.

Lord Denning

asked Her Majesty's Government:

Further to the Answer of the Baroness Blatch on 19th July (WA 23) whether the order made by the Secretary of State by Statutory Instrument 1991 No. 1254 affected the endowments of the Barkestone School; and whether that order was subject to the provisions of the Charities Act 1960 affecting the endowments; and whether those provisions did affect the endowments when they were made use of or activated by the trustees by their letter of 30th March 1990 to the Charity Commissioners and their letters of 31st January 1991 and 9th February 1991 to the Secretary of State.

Baroness Blatch

The Statutory Instrument (SI 1991/1254) made by the Secretary of State for Education and Science affects the endowments of Barkestone School in so far as it makes new provision for the use of those endowments. The order is not subject to the provisions of the Charities Act 1960 which serve a similar purpose. The trustees' letters of 30th March 1990, 31st January 1991 and 9th February 1991 did not give rise to the use or activation of provisions under the Charities Act 1960 which, in the absence of an order under Section 2 of the Education Act 1973, might otherwise have affected the endowments.