LEICESTER DIOCESAN BOARD OF EDUCATION: POWERS

HL Deb 13 March 1992 vol 536 cc78-9WA

Lord Denning

asked Her Majesty's Government:

Further to the first Answer of Baroness Denton of Wakefield on 28th February (H.L. Deb., Col. WA 17), whether, in the light of the certificate of incorporation dated 17th October 1955 and the words of section 1 of the 1872 Act beginning "and subject to", the diocesan board, although a corporation, is subject to the same restrictions and has only the same powers as if it had been unincorporated, with the result that it has had and has no power to hold land or be a trustee or to replace or remove the existing trustees of the Barkestone School Foundation.

Baroness Denton of Wakefield

Section 2(1) of the Diocesan Boards of Education Measure 1991 gives to boards the function of promoting or assisting in the promotion in the diocese of education consistent with the faith and practice of the Church of England, and of promoting or assisting in the promotion of church schools in the diocese. Section 2(2) of the Measure gives boards power to do all such things as are incidental of conducive to the discharge of their functions. Acting as trustee of Barkestone School Foundation for the purposes set out in the Diocese of Leicester (Educational Endowments) Order 1991 is incidental or conducive to the Leicester Diocesan Board of Education's functions. Section 1(5) of the Measure provides that Boards may be corporate or unincorporate. The Leicester Diocesan Board of Education is a corporation and was incorporated under the Charitable Trustees Incorporation Act 1872. Section 1 of this Act gives charitable trustees incorporated under the Act the same power to hold, acquire, convey, assign and demise real and personal charity property as they would have had if they were not incorporated. The Board was properly appointed trustee of the Barkestone Church of England School Foundation in the Diocese of Leicester (Educational Endowments) Order 1991 by the Secretary of State. The Secretary of State has power to appoint trustees and to replace existing trustees under Section 2(6) of the Education Act 1973.