The Diocese of Guildford (Educational Endowments) (St Bede’s Church of England Junior School) Order 2026
This 2026 Order establishes the Guildford Diocesan Board of Finance as the new trustee for the endowment previously associated with St Bede's Church of England Junior School in Surrey after its premises ceased use for that purpose, authorizing the immediate transfer of assets and the subsequent consolidation of this endowment with the Diocese of Guildford Consolidated Educational Endowments Fund, where the capital and income will be managed under uniform statutory trusts for the benefit of current Church of England schools within the Diocese.
Arguments For
Ensures that assets from a defunct Church of England school foundation (St Bede's Junior School) are placed under the management of the appropriate diocesan authority (Guildford Diocesan Board of Finance).
Implements uniform statutory trusts, standardizing the governance and application of the endowment capital and income according to Schedule 36 of the Education Act 1996.
Allows for the consolidation of the endowment with the larger Diocese of Guildford Consolidated Educational Endowments fund, potentially improving administrative efficiency and maximizing benefit across multiple relevant schools in the Diocese.
Authorizes the Diocesan Board to sell the former school site and buildings, enabling the capital to be recycled for charitable educational purposes within the Diocese, rather than sitting on dormant assets.
Arguments Against
Removes the specific, historical link between the original St Bede's Junior School endowment and its dedicated purpose, replacing it with a broader diocesan pool managed under generalized statutory trusts.
The sale of the physical school site and buildings dissolves a direct physical connection to the foundation's originating location or institution.
Centralization into a consolidated fund might dilute the impact of the original endowment's value across a wider range of beneficiary schools, potentially reducing direct benefit for any single school that might otherwise have inherited the assets.
The decision-making power regarding income application is transferred entirely to the Diocesan Board, subject only to consultation with the Guildford Diocesan Board of Education.
2026 No. 150
EDUCATION, ENGLAND
The Diocese of Guildford (Educational Endowments) (St Bede's Church of England Junior School) Order 2026
| - - - - Made | 23rd February 2026 | |---|---| | - - Coming into force | 24th February 2026 |
This identifies the document as statutory instrument number 150 made in 2026 concerning Education in England.
It specifically titles the legislation as The Diocese of Guildford (Educational Endowments) (St Bede's Church of England Junior School) Order 2026.
The Order was officially made on February 23rd, 2026, and became legally effective the following day, February 24th, 2026.
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 St Bede's Church of England Junior School in the county of Surrey ('the foundation') 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 Secretary of State for Education confirmed that the charitable endowment tied to St Bede's Church of England Junior School in Surrey is no longer being used because the school premises have stopped operating as a Church of England voluntary school providing religious education according to Church of England doctrine.
The endowment is comprised in the deed of the foundation being a deed dated 22 November 1941 and made between (1) Malcolm Ogilvy Boyd, Arthur Plumptre Glyn, Willie Lorimer Walton Kitching, Morgan Evan Thomas, Frances Marian Ince, Alfred Charles Briscoe, William Blaxland (2) Douglas Gordon Legg (3) Douglas Gordon Legg, Robert Stanley Dixon, Sandra Rosa Dorothea Bray, Morgan Evan Thomas, William Blaxland, Arthur Plumptre Glyn, Malcolm Ogilvy Boyd and Frances Marian Ince (4) The Parochial Church Councils of the Parishes of East Clandon, West Clandon, Ockham, Ripley and Send in the Diocese of Guildford (5) The Guildford Diocesan Board of Finance.
The legal document establishing this endowment dates from November 22, 1941.
It details numerous individuals and entities involved, specifically including the Parochial Church Councils of several local parishes and the Guildford Diocesan Board of Finance as parties to the original deed.
The assets representing the said endowment of the foundation consist of the school site and buildings erected thereon, including any income derived therefrom before the coming into force of this Order.
The assets that make up this foundation's endowment are the physical land and the buildings that were constructed on the school site. This includes any income generated from these assets up to the moment this new Order takes effect.
Application for an order making new provision as to the use of the endowment has been made to the Secretary of State by the Guildford Diocesan Board of Finance, which body appears to the Secretary of State to be the appropriate authority of the Church of England for the purpose.
The Guildford Diocesan Board of Finance formally requested this Order from the Secretary of State to regulate the future use of the endowment.
The Secretary of State recognizes the Board as the correct Church of England authority responsible for this task.
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( a ).
Public notice was given regarding the proposed changes to the endowment, including informing interested parties of their right to formally object or comment, following the specific notification procedures laid out in the Education Act 1996.
No representations have been made on the proposed Order.
No objections or representations were formally submitted regarding the proposed Order during the public consultation period.
( a ) 1996 c. 56.
This footnote cites the primary legislation used, referring to Chapter 56 of the 1996 Acts, which is the Education Act 1996.
Accordingly, the Secretary of State makes this Order in exercise of the powers conferred by sections 554 and 556 of the Education Act 1996( a ).
Because all preliminary requirements have been met, the Secretary of State is issuing this Order by using the specific legal powers provided under Sections 554 and 556 of the Education Act 1996.
Citation and commencement
- This Order may be cited as the Diocese of Guildford (Educational Endowments) (St Bede's Church of England Junior School) Order 2026 and comes into force on the day after the day on which it is made ('the operative date').
This section sets the official title for citing the legislation and dictates that it takes legal effect one day after the date it was officially made, referred to hereafter as the 'operative date'.
Interpretation
- In this Order-
'the deed' means the deeds of the foundation being a deed dated 22 November 1941 and made between (1) Malcolm Ogilvy Boyd, Arthur Plumptre Glyn, Willie Lorimer Walton Kitching, Morgan Evan Thomas, Frances Marian Ince, Alfred Charles Briscoe, William Blaxland (2) Douglas Gordon Legg (3) Douglas Gordon Legg, Robert Stanley Dixon, Sandra Rosa Dorothea Bray, Morgan Evan Thomas, William Blaxland, Arthur Plumptre Glyn, Malcolm Ogilvy Boyd and Frances Marian Ince (4) The Parochial Church Councils of the Parishes of East Clandon, West Clandon, Ockham, Ripley and Send in the Diocese of Guildford (5) The Guildford Diocesan Board of Finance;
'the Diocesan Board' means the Guildford Diocesan Board of Finance;
'the endowment' means the endowment comprised in the deed;
'the foundation' means the educational foundation known as St Bede's Church of England Junior School;
'trust assets' means the school site and buildings erected thereon, together with any income derived from those assets (whether before or after the operative date); and
'trustee' means the Diocesan Board.
This section defines key terms used throughout the Order. 'The deed' refers to the original 1941 document establishing the foundation. 'The Diocesan Board' is shorthand for the Guildford Diocesan Board of Finance. 'The endowment' is the property governed by the original deed, and 'the foundation' names the defunct school. 'Trust assets' comprise the school land, buildings, and any related income.
Finally, 'trustee' refers to the Diocesan Board, which is taking over management.
Trustee and vesting
- -(1) The Diocesan Board is appointed to be the trustee of the foundation and the trust assets.
(2) The funds belonging to or held in trust for the foundation immediately before the operative date must be transferred to the Diocesan Board and all acts necessary for that purpose must be done by persons holding such funds.
The Guildford Diocesan Board of Finance is formally appointed as the trustee responsible for managing both the foundation and its associated trust assets.
Any funds belonging to the foundation just before the Order begins must be transferred to the Diocesan Board, and those currently holding the funds must carry out the required transfer steps.
Administration of foundation
- -(1) The Diocesan Board is authorised to sell the school site and buildings and must, until sale, let or otherwise manage such property according to the general law applicable to the management of property held for charitable purposes.
(2) After payment of any expenses of administration, the Diocesan Board must hold the trust assets on the terms set out in the Schedule (being the uniform statutory trusts set out in Schedule 36 to the Education Act 1996( b )).
The Diocesan Board gains the authority to sell the former school site and buildings.
Until those assets are sold, the Board must manage or rent the property following normal rules for administering charitable property.
After covering administrative costs, the Board must manage the remaining assets according to the 'uniform statutory trusts' detailed in the Order's Schedule, which originate from Schedule 36 of the Education Act 1996.
( a ) Sections 554 and 556 were amended by Schedule 30 to the School Standards and Framework Act 1998 (c. 31).
( b ) Schedule 36 was amended by paragraph 10 of Schedule 9 to the Education Act 2005 (c. 18).
These footnotes provide legislative history, noting that Sections 554 and 556 of the Education Act 1996 were amended by the 1998 Act, and that Schedule 36, which outlines the standard trusts, was amended by the 2005 Education Act.
Consolidation
- The trust assets must be consolidated with the fund known as the Diocese of Guildford Consolidated Educational Endowments( a ) and that consolidated fund must be known as the Diocese of Guildford Consolidated Educational Endowments.
The assets from this former school foundation must be merged into a larger existing fund called the Diocese of Guildford Consolidated Educational Endowments.
The combined fund will continue to carry the same name.
Consultation
- The Diocesan Board must consult the Guildford Diocesan Board of Education with regard to the exercise of the powers and functions conferred on it by this Order.
When using the powers granted by this Order, the Guildford Diocesan Board of Finance has a mandatory requirement to consult with the Guildford Diocesan Board of Education.
Signed by the authority of the Secretary of State
23rd February 2026
Louise Whitesman Deputy Director Department for Education
This documents the formal authorization, signed by Louise Whitesman, a Deputy Director within the Department for Education, on the date the Order was made.
( a ) The trustee of the Diocese of Guildford Consolidated Educational Endowments Fund is the Diocesan Board. The assets of the Diocese of Guildford Consolidated Educational Endowments Fund are held on the uniform statutory trusts.
This footnote clarifies that the Diocesan Board also serves as the trustee for the larger Consolidated Educational Endowments Fund, and the assets in that existing fund are already governed by the uniform statutory trusts.
- In this Schedule-
'the area' means the Diocese of Guildford;
'relevant school' means a voluntary school, a foundation school, an academy school, an alternative provision academy, a city technology college or a city college for the technology of the arts at which religious education in accordance with the tenets of the Church of England is or is to be provided.
This section defines terms for the Schedule that follows. 'The area' refers specifically to the Diocese of Guildford.
A 'relevant school' is broadly defined to include various types of state-funded schools (voluntary, foundation, academy types, etc.) that provide Church of England religious education.
- The trustee may, after payment of any expenses incurred in connection with the administration of the trust, apply the capital and income of the trust 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 area;
- (b) for the maintenance of any relevant school in the area;
- (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 area; and
- (d) for the maintenance of a teacher's house for use in connection with any relevant school in the area.
After covering administrative costs, the trustee can use both the primary assets (capital) and the resulting income for specific educational purposes within the Diocese.
These purposes include acquiring land, building, improving, or maintaining the premises of relevant schools, as well as supporting associated teacher housing.
- The trustee may also, after payment of any expenses incurred in connection with the administration of the trust, apply the income of the trust 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 area;
- (b) the provision of services for the carrying out of any inspection of any relevant school in the area required by Part 1 of the Education Act 2005( a ); and
- (c) to defray the cost of employing or engaging staff in connection with-
- (i) the application of income of the trust assets for either of the purposes referred to in sub-paragraphs (a) and (b) above, or
- (ii) the application of capital or income of the trust assets for any of the purposes referred to in paragraph 2 above.
The trustee may use only the income (not the capital) to fund services supporting relevant schools.
This includes providing guidance, educational materials, or resources related to managing the school or curriculum.
It also covers funding required inspections mandated by the 2005 Education Act.
Furthermore, income can pay for staff needed to manage these advisory, inspection, or capital/income expenditure activities described above.
( a ) 2005 c. 18.
This footnote references the Education Act 2005, Chapter 18 of the 2005 Acts, which is relevant to the inspection requirements mentioned in paragraph 3(b).
SCHEDULE
Article 4(2)
The Uniform Statutory Trusts
This introduces the Schedule which details the specific 'Uniform Statutory Trusts' that management of the funds must adhere to, as required by Article 4(2) of the Order.
EXPLANATORY NOTE
(This note is not part of the Order)
This Order appoints the Guildford Diocesan Board of Finance as trustee of the foundation known as St Bede's Church of England Junior School and makes new provision as to the use of that foundation.
The Order provides for the relevant trust assets to be consolidated with the fund known as the Diocese of Guildford Consolidated Educational Endowments Fund and held on the uniform statutory trusts as set out in the Schedule to the Order (being the uniform statutory trusts set out in Schedule 36 to the Education Act 1996) for the benefit of Church of England voluntary schools, foundation schools, academy schools, alternative provision academies, city technology colleges and city colleges for the technology of the arts in the Diocese of Guildford.
This non-statutory note summarizes the Order's purpose: appointing the Guildford Diocesan Board of Finance as trustee and changing how the foundation's assets are used.
The assets are mandated to merge into the Diocese of Guildford Consolidated Educational Endowments Fund and be governed by the standard trusts from the 1996 Education Act, ensuring they benefit all eligible Church of England educational institutions within the Diocese.