2013 No. 2155 (W. 210)
Education, Wales
The Diocese of Swansea and Brecon (Education Endowments) (Llanfihangel Nant Brân) (Wales) Order 2013
Made 22 August 2013
Coming into force 1 October 2013

The Endowment has been shown to the satisfaction of the Welsh Ministers to be or to have been held in connection with the provision of religious education in accordance with the tenets of the Church in Wales at a voluntary school within the meaning of section 32 of the Education Act 1996, the premises of which have ceased to be used for the purposes of a school.
1996 c.56.
Application for an Order making new provision for the use of the Endowment has been made to the Welsh Ministers by the Swansea and Brecon Diocesan Trust, which body appears to the Welsh Ministers to be the appropriate authority of the Church in Wales for that purpose.
Notice of the proposed Order and of the right of persons interested to make representations has been given in accordance with the provisions of section 555 of the Education Act 1996.
Representations made on the proposed Order by persons interested have been taken into account.
The Foundation assets consist of the site of what became the above school comprised in the Founding deed, and buildings thereon (or net proceeds of sale), and also any income derived from those assets before the coming into force of this Order.
By virtue of section 1 of the Reverter of Sites Act 1987 a trust has or may have arisen in relation to the site of what became the above school comprised in the Founding deed. The Welsh Ministers are satisfied that all reasonably practicable steps to trace any person who is, or who may become, entitled as a beneficiary under that trust have been taken and that there is no claim by any such person which comes within the provisions of section 5(2)(a) of the Reverter of Sites Act 1987.
1987 c.15.
The Welsh Ministers in exercise of the powers conferred on the Secretary of State by sections 554 and 556 of the Education Act 1996 and section 5 of the Reverter of Sites Act 1987, and now vested in them make the following Order:
1996 c. 56. The functions of the Secretary of State under sections 554 and 556 of the Education Act 1996 and section 5 of the Reverter of Sites Act 1987 were transferred to the National Assembly for Wales by the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672) and then to the Welsh Ministers by paragraph 30 of Schedule 11 to the Government of Wales Act 2006 (c.32).

1 Title, commencement and application
1 The title of this Order is the Diocese of Swansea and Brecon (Educational Endowments) (Llanfihangel Nant Brân) (Wales) Order 2013 and it comes into force on 1 October 2013.
2 This Order applies in relation to Wales.

2 Interpretation
In this Order unless the context otherwise requires—
“the Diocese” (“yr Esgobaeth”) means the Diocese of Swansea and Brecon, and “the Diocesan Trust” (“yr Ymddiriedolaeth Esgobaethol”) is to be construed accordingly;
“the Endowment” (“y Gwaddol”) means the endowment comprised in the Founding deed;
“the Foundation” (“y Sefydliad”) means the educational foundation known as the Llanfihangel Nant Brân School (more recently known as Llanfihangel Nant Brân Village Hall) Foundation established by the Founding deed;
“the Foundation assets” (“asedau’r Sefydliad”) means the assets currently representing the Endowment;
“foundation school” (“ysgol sefydledig”) has the same meaning as in the School Standards and Framework Act 1998;
“the Founding deed” (“y weithred Sefydlu”) means the deed made on 12 August 1862 between (1) John Iestyn Williams Fredericks, Cecil Parsons and Thomas de Winton (2) The Venerable Richard William Payne Davies and the Reverend William Winston;
“the Schedule” (“yr Atodlen”) means the schedule to this Order; and
“voluntary school” (“ysgol wirfoddol”) has the same meaning as in the School Standards and Framework Act 1998.
1998 c.31.

3 Extinguishment of rights under a Reverter of Sites Act Trust
The rights of any person who is or may become entitled as a beneficiary under the trust which has or may have arisen by virtue of section 1 of the Reverter of Sites Act 1987 in respect of the land comprised in the Endowment are extinguished by this Order.

4 Trustee and vesting
1 This Order appoints the Diocesan Trust to be Trustee of—
(a) the Foundation; and
(b) the Foundation assets.
2 All funds which immediately before the date of this Order belong to or are held in trust for the Foundation, or for any person entitled as a beneficiary under a trust that has arisen under section 1 of the Reverter of Sites Act 1987, (other than any funds already held by the Diocesan Trust) are to be transferred to the Diocesan Trust, and all acts necessary for that purpose are to be done by any person holding such funds.

5 Administration of Foundation
1 The Diocesan Trust is authorised to sell any of the freehold or leasehold property comprised in the Foundation assets and must, until sale, let and otherwise manage such property according to the general law applicable to the management of property held on trust for charitable purposes.
2 The Diocesan Trust is to hold the Foundation assets on the uniform statutory trusts for the benefit of Church in Wales voluntary or foundation schools within the Diocese.
3 In this article “uniform statutory trusts” (“ymddiriedolaethau statudol unffurf”) means the trusts set out in the Schedule (being the uniform statutory trusts set out in Schedule 36 to the Education Act 1996 as they apply in relation to the Foundation assets).

6 Consolidation
The Foundation assets may be consolidated with any existing endowment held of the purposes specified in the Schedule.
Huw Lewis Minister for Education and Skills, one of the Welsh Ministers 22 August 2013
SCHEDULE
article5(3)
1 The Diocesan Trust may, after payment of any expenses incurred in connection with the administration of the Foundation, apply the capital and income of the Foundation assets for any of the following purposes—
(a) in or towards the purchase of a site for, or the erection, improvement or enlargement of, the premises of any relevant school in the Diocese;
(b) for the maintenance of any relevant school in the Diocese;
(c) in or towards the purchase of a site for, or the erection, improvement or enlargement of, the premises of a teacher’s house for use in connection with any relevant school in the Diocese; and
(d) for the maintenance of a teacher’s house for use in connection with any relevant school in the Diocese.
2 The Diocesan Trust may also, after payment of any expenses incurred in connection with the administration of the Foundation, apply the income of that Foundation assets for any of the following purposes—
(a) in or towards the provision of advice, guidance and resources (including materials) in connection with any matter related to the management of, or education provided at, any relevant school in the Diocese;
(b) the provision of services for the carrying out of any inspection of any relevant school in the Diocese required by Part 1 of the Education Act 2005; and
2005 c.18.
(c) to defray the cost of employing or engaging staff in connection with—
(i) the application of income of the Foundation assets for either of the purposes referred to in sub-paragraphs (a) and (b) above,
(ii) the application of capital or income of the Foundation assets for any of the purposes referred to in paragraph 1 above.
3 “Relevant school” (“ysgol berthnasol”) means a school of the type referred to in article 5(2).

EXPLANATORY NOTE
(This note is not part of the Order)
This Order appoints Swansea and Brecon Diocesan Trust as trustee of the endowment of the educational foundation known as the Llanfihangel Nant Brân (more recently known as Llanfihangel Nant Brân Village Hall) School Foundation and makes new provision as to the use of that endowment. It authorises the sale of the school. It makes new provision for the trustee to hold the assets representing the endowment on the uniform statutory trusts as set out in the Schedule for the benefit of the Church in Wales voluntary and foundation schools in the Diocese.
The Order also extinguishes the rights to which any person has become entitled, under any trust which has arisen by virtue of section 1 of the Reverter of Sites Act 1987, in respect of the endowment.