§ MR. STEVENSON
I beg to ask the Secretary to the Board of Education whether Orders are scaled by the Charity Commissioners, under the Board of Education Act, 1899, in cases in which there is a dispute as to the nature and meaning of the trusts, or as to the apportionment previously made; whether, in such cases the sealing of an Order under the Board of Education Act, 1899, renders inoperative any remedies to which aggrieved persons or public bodies might otherwise have recourse under the Charitable Trusts Acts; and whether, if that be so, he will consider the desirability of taking such steps as may be necessary, by legislation or otherwise, to secure that the existing remedies shall not be lost.
§ MR. GRIFFITH BOSCAWEN (Kent, Tunbridge)
May I be allowed to answer this Question? No Order for determining, under the Board of Education Act, 1899, what part of a charity is educational is ever made by the Charity Commissioners without full consideration of the nature and meaning of the trusts, including the effect of any previous 753 apportionment; but, after consideration, it is their duty to issue such Orders, even in cases where their decisions may be disputed. Where an apportionment Order has previously been made, and no appeal was presented within the statutory period of three months, it has become binding on all parties, including the Commissioners themselves; it is therefore not the fact that the effect of a Determination Order following the previous apportionment is to render inoperative in such cases any remedy otherwise available by those who may raise objections to the apportionment.