HL Deb 23 January 1992 vol 534 cc33-4WA
Lord Denning

asked Her Majesty's Government:

Further to the Answer of Baroness Blatch on 9th January (H.L. Deb. WA 89) , whether the Leicester Diocesan Board of Education (to which the answer refers) is a body constituted under the Diocesan Education Committee Measure 1955 whose powers are limited to those set out in Section 2 of that Measure; and, in particular, limited to giving advice to existing trustees of Church schools; and that those powers do not extend to removing existing Trustees or to enable the diocesan board to become or be appointed as new trustee or to deal with the trust assets; with the result that article 4(1) (to which the Answer refers) is invalid and of no effect.

The Minister of State, Department of the Environment (Baroness Blatch)

The Leicester Diocesan Board of Education would appear to be a body constituted under the Diocesan Education Committee Measure 1955. Section 2 of that Measure sets out the diocesan board's powers and obligations in relation to the promotion of religious education and to Church schools. Those powers do not extend expressly to the removal of existing trustees but do not preclude the diocesan board from being apointed as new trustee nor from dealing with trust assets in furtherance of its duties and obligations. Article 4(1) of Statutory Instrument 1991/1254 appoints the Leicester Diocesan Board of Education as new trustee by virtue of section 2(6) of the Education Act 1973. Article 4(1) is therefore valid.