The Diocese of York (Educational Endowments) (Kilburn Church of England Primary School) Order 2018

JurisdictionUK Non-devolved
CitationSI 2018/1015
Year2018

2018 No. 1015

EDUCATION, ENGLAND

The Diocese of York (Educational Endowments) (Kilburn Church of England Primary School) Order 2018

Made 18thSeptember 2018

Coming into force in accordance with article 1

It has been shown to the satisfaction of the Secretary of State for Education (“the Secretary of State”) that the endowment of the educational foundation known as Kilburn Church of England Primary School in the County of North Yorkshire is or has been held in connection with the provision of religious education in accordance with the tenets of the Church of England at a voluntary school, the premises of which have ceased to be used for the purposes of such a school.

The endowment is comprised in the deed of the foundation being a deed dated 12th February 1856 and made between the Archbishop of York and the Minister and Churchwardens of the Ecclesiastical Parish of Kilburn.

The assets representing the endowment consist of: the school site and buildings erected thereon, including any income derived from them before the coming into force of this Order.

Application for an Order making new provision as to the use of the endowment has been made to the Secretary of State by the York Diocesan Board of Education which body appears to the Secretary of State to be the appropriate authority of the Church of England for the purpose.

Notice of the proposed Order and of the right of persons interested to make representations on it has been given in the manner required by section 555(2) and (3) of the Education Act 1996(1).

No representations have been made on the proposed Order.

The Secretary of State, in exercise of the powers conferred by sections 554 and 556 of the Education Act 1996(2), makes the following Order:

Citation and commencement

1. This Order may be cited as the Diocese of York (Educational Endowments) (Kilburn Church of England Primary School) Order 2018 and comes into force on the day after the day it is made (“the operative date”).

Interpretation

2. In this Order —

“the deed” means the deed of the foundation being a deed dated 12th February 1856 and made between the Archbishop of York and the Minister and Churchwardens of the Ecclesiastical Parish of Kilburn;

“the Diocesan Board” means the York Diocesan Board of Finance Limited;

“the endowment” means the endowment comprised in the deed;

“the foundation” means the educational foundation known as Kilburn Church of England Primary School;

“trust assets” means the school site and buildings erected thereon, together with any income derived therefrom (whether before or after the operative date);

Division of foundation and trust assets

3.—(1) The trust assets must be divided into two separate trust funds, namely —

(a) The Kilburn Church of England Primary School Fund (“the School Fund”) comprising eleven-fourteenths of the trust assets; and

(b) The Kilburn Church...

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