5 Orders under the Education Act 1973.E+W
(1)An order made under [F1section 554 of the Education Act 1996] (special powers as to certain trusts for religious education) with respect to so much of any endowment as consists of—
(a)land in relation to which a trust under section 1 above has arisen or will arise after the land ceased or ceases to be used for particular purposes; or
(b)any other property subject to a trust under that section,
may extinguish any rights to which a person is or may become entitled as a beneficiary under the trust.
(2)The Secretary of State shall not by an order under [F2section 554 of the 1996 Act] extinguish any such rights unless he is satisfied that all reasonably practicable steps to trace the persons who are or may become entitled to any of those rights have been taken and either—
(a)that there is no claim by any person to be a person who is or may become so entitled—
(i)which is outstanding; or
(ii)which has at any time been accepted as valid by the trustees or by persons whose acceptance binds or will bind the trustees; or
(iii)which has been upheld in proceedings that have been concluded; or
(b)that consent to the making of an order under [F2section 554 of the 1996 Act] has been given by every person whose claim to be such a person is outstanding or has been so accepted or upheld.
(3)Where applications for the extinguishment of the rights of any beneficiaries are made with respect to the same trust property both to the Secretary of State under [F2section 554 of the 1996 Act] and to the [F3Charity Commission ]under section 2 above, [F4the Commission ] shall not consider, or further consider, the application made to [F5it ], unless the Secretary of State either—
(a)consents to the application made to the [F3Charity Commission ] being considered before the application made to him; or
(b)disposes of the application made to him without extinguishing the rights of one or more of the beneficiaries.
(4)Trustees of a trust which has arisen under section 1 above may pay or apply capital money for the purposes of any provision of this section or [F2section 554 of the 1996 Act].
Textual Amendments
F1Words in s. 5(1) substituted (1.11.1996) by 1996 c. 56, ss. 582(1), 583(2), Sch. 37 Pt. I para. 67(2)(a)(with s. 1(4), 582(3), Sch. 39)
F2Words in s. 5 substituted (1.11.1996) by 1996 c. 56, ss. 582(1), 582(2), Sch. 37 Pt. I para. 67(2)(b)(with ss. 1(4), 582(3), Sch. 39)
F3Words in s. 5(3) substituted (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 84(a); S.I. 2007/309, art. 2, Sch.
F4Words in s. 5(3) substituted (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 84(b); S.I. 2007/309, art. 2, Sch.
F5Word in s. 5(3) substituted (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 84(c); S.I. 2007/309, art. 2, Sch.