§ Lord Denning
asked Her Majesty's Government:
Further to the Answer of the Baroness Blatch on 30th January (cols. WA 54/55), in respect of the 76 applications made since January 1987 which did not result in the making of an order, what was the reason in general for not making an order: and whether, in particular, it was because the applications were for uses which were not "appropriate educational purposes" within Section 2(4) of the Education Act 1973.
§ Baroness Denton of Wakefield
The main reason for the difference between the number of applications made since January 1987 and the number of orders made to date is because many of the applications are still being processed. Some applications relate to a single school foundation and others to several. Only one foundation has been subject since January 1987 to an application that has been finalised but did not result in an order. This was rejected on the grounds that the endowment of the foundation could not be shown to the satisfaction of the Secretary of State for Education to have been held for or in connection with the provision at the school of religious education in accordance with the tenets of a particular religious denomination.
Applications for inclusion in an order of several foundations are currently held in abeyance pending the outcome of claims by potential beneficiaries to trusts for sale that have arisen under Section 1 of the Reverter of Sites Act 1987.
Diocesan authorities are well aware of the provision made generally by the Secretary of State by orders under Section 2 of the Education Act 1973. Applications for such orders therefore invariably reflect a wish to use trust assets for appropriate educational purposes within the meaning of Section 2(4) of the 1973 Act.