Diocesan Boards of Education Measure 2021

Unincorporated body

2 (1) This paragraph applies in the case of a scheme under section 3 which designates an unincorporated body as the DBE for a diocese.

(2) The scheme must specify—

(a) the name of the designated body, and

(b) the number with which it is registered in the register of charities.

(3) Where, immediately before the coming into operation of the scheme, the Board of Finance or another body was holding funds or other property on trust in connection with the provision of church schools in the diocese, the scheme may make provision in relation to that property.

(4) For the purposes of sub-paragraph (3), the scheme may in particular provide—

(a) for the Board of Finance to hold or (as the case may be) to continue to hold the property as trustee subject to the same trusts, but

(b) for those trusts to be administered by the members of the designated body.

(5) The scheme may not provide for the transfer of property—

(a) the transfer of which would trigger a right of reverter, or

(b) which is held on the uniform statutory trusts set out in Schedule 36 to the Education Act 1996.