LEICESTER DIOCESAN BOARD OF EDUCATION

HL Deb 12 February 1992 vol 535 cc32-4WA

Lord Denning

asked her Majesty's Government:

Further to the Answer of the Baroness Blatch on 23rd January, (col.WA34) whether the words in the Answer starting "do not preclude, etc." are erroneous and show that the draftsman of the Answer was mistaken in that he did not appreciate the difference between a diocesan board of finance and a diocesan board of education: in that the former is a limited company and a trust corporation which is empowered to hold land and be a trustee; whereas the latter is an unincorporated group of 20 or more persons whose functions are only advisory and not executive and who cannot hold land or be a trustee either as one person or as many.

Baroness Denton of Wakefield

The Leicester Diocesan Board of Education was incorporated on 17th October 1955 under the Charitable Trustees Incorporation Act 1872 (35 & 36 Vict. c.24) and has a common seal. Section 1 of that Act provides that trustees of a charity incorporated under the Act have power to acquire, dispose of and hold land.

The Leicester Diocesan Board of Education are currently the trustees of a number of foundations. To give an example, the Leicester Diocesan Board of Education and Association of Voluntary Schools were appointed custodian trustees of the charity known as Wymeswold Church of England School by an order of the Charity Commissioners dated 15th April 1987. Their appointment as trustees in article 4(1) of Statutory Instrument 1991/1254 is accordingly valid.