§ Lord Denningasked Her Majesty's Government:
Further to the last sentence in the Answer of Earl Ferrers on 1st February 1993, whether there is any good reason why the commissioners should not establish a scheme seeing that the trustees made the required statutory application on 2nd September 1987 and the commissioners are under a statutory obligation to establish it under Section 1(5)(b) and Section 2 of the Act.
The Minister of State, Home Office (Earl Ferrers)The future use or disposal of the former premises of Whitchurch Church of England School is, in the first instance, a matter to be decided by the trustees of that charity. They have now determined that they wish to sell the former site and do not wish to proceed with a scheme under the Reverter of Sites Act 1987. Notwithstanding the earlier application made to the Charity Commissioners under that Act, the commissioners accordingly see no reason to proceed with such a scheme in the light of the trustees' decision. Section 2 of the Act confers a power on the commissioners to establish schemes, and not a duty.