HL Deb 28 February 1992 vol 536 cc17-8WA
Lord Denning

asked Her Majesty's Government:

In respect of Statutory Instrument 1990 No. 2530, whether the draftsman of the order appreciated that the Guildford Diocesan Board of Finance was, and could be, only a custodian trustee of the trust assets and not the managing trustee of them; and that the vicars and churchwardens were properly appointed managing trustees of the Sunday school funds comprising three-fourteenths; but could not be and were not appointed managing trustees of the school funds comprising eleven-fourteenths; and that the paragraph in Article 6, sub-paragraph (6), was invalid.

Baroness Denton of Wakefield

Article 5(1) of SI 1990/2530 appoints the Guildford Diocesan Board of Finance, so far as it is not already the trustee, as trustee of the foundations specified in the schedule to the order. The function of the board of finance is not restricted to that of a custodian trustee but includes that of a managing trustee.

The vicars and churchwardens were properly appointed as trustees of the Sunday school funds but were not appointed as trustees of the school funds.

Article 6(6), which authorises the diocesan board as trustee, subject to the establishment of the Sunday schools funds, to apply the trust assets for the benefit of other voluntary schools of the same denomination, is valid.