§ Mr. Bryan DaviesTo ask the Secretary of State for Education if she will make a statement on the application of the Trustee Investments Act 1961 to colleges of further education.
§ Mr. BoswellAn authoritative legal interpretation is a matter for the courts. My right hon. Friend is aware of differing external advice on the application of the Act to further education corporations. In the absence of an authoritative interpretation of the Act, it would be prudent for further education corporations to act on the basis that the Act applies to them. The Further Education Funding Council for England has issued guidance on the Act in its publication "Guide for College Governors" and in its circular 93/13.
§ Mr. Bryan DaviesTo ask the Secretary of State for Education if she will make a statement on the application of the Trustee Act 1925 to the governors of further education colleges; and what external advice she has received on the question.
§ Mr. BoswellAn authoritative legal interpretation is a matter for the courts. My right hon. Friend is aware of differing external advice on the application of the Act to further education corporations. In the absence of an authoritative interpretation of the Act, it would be prudent for further education corporations to act on the basis that the Act applies to them, For the purpose of whether members of corporations may receive any remuneration for their services as a member, my right hon. Friend considers that the lawfulness of any such payment will also depend on whether she has approved the payment in writing.