§ Lord Denningasked Her Majesty's Government:
Further to the Answer of Baroness Blatch on 7th July (col. WA 69), whether Section 2 of the Education Act 1973 does not allow the Secretary of State to remove the original trustees, and if, in so far as he appoints new trustees, they are only additional to the original trustees and do not replace them.
64WA
§ The Minister of State, Department of Education (Baroness Blatch)Section 2(6) of the Education Act 1973 contains express provision for the Secretary of State to appoint trustees of the property comprised in a scheme made under Section 2 of the Act. In addition, it expressly provides for such property to be transferred to the new trustees and to vest in them. Section 2(6) does not expressly provide for the removal of the original trustees of the school foundation but the exercise of the above powers has that effect. The original trustees of the property have no power to act as trustees of that property once new trustees have been appointed and the property has been transferred to and vested in the new trustees.