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S TAT U T O R Y I N S T R U M E N T S
2026 No. 76
EDUCATION, ENGLAND
The Diocese of Leicester (Educational Endowments) (Market
Harborough Church of England Infant School) Order 2026
Made - - - - 29th January 2026
Coming into force - - 30th January 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 Market Harborough Church
of England Infant School in the County of Leicester (“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 endowment is comprised in a deed dated 10 October 1879 and made between (1) John
Edward Stocks (Incumbent) and (2) the Minister and Churchwardens of the parish of Market
Harborough in the County of Leicester and their successors.
The assets representing the said endowment of the foundation consist of the former school site
and buildings erected thereon, including any income derived from those assets before the coming
into force of this Order.
Application for an order making new provision as to the use of the said endowment has been
made to the Secretary of State by the Leicester 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(a).
Representations made on the proposed Order by persons interested have been taken into account.
Accordingly, the Secretary of State makes this Order in exercise of the powers conferred by
sections 554 and 556 of the Education Act 1996(b).
(a) 1996 c. 56.
(b) Sections 554 and 556 were amended by Schedule 30 to the School Standards and Framework Act 1998 (c. 31).Citation and commencement
1. This Order may be cited as the Diocese of Leicester (Educational Endowments) (Market
Harborough Church of England Infant School) Order 2026 and comes into force on the day after
the day on which it is made (“the operative date”).
Interpretation
2. In this Order—
“the deed” means the deed of the foundation being a deed dated 10 October 1879 and
made between (1) John Edward Stocks (Incumbent ) and (2) the Minister and Churchwardens
of the parish of Market Harborough in the County of Leicester and their successors;
“the Diocesan Board” means the Leicester Diocesan Board of Education;
“the endowment” means the endowment comprised in the deed;
“the foundation” means the educational foundation known as Market Harborough Church
of England Infant School;
“trust assets” means the former school site and buildings erected thereon, together with
any income derived from those assets (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 Market Harborough Church of England Infant School Fund (“the School Fund”)
comprising nine-fourteenths of the trust assets; and
(b) the Market Harborough Church of England Infant School Religious Education Fund
(“the Religious Education Fund”) comprising five-fourteenths of the trust assets.
(2) The apportionment of the trust assets required by virtue of this article must be made in
every case, after payment of any expenses of administration in accordance with article 5(2).
Trustee and vesting
4.—(1) The Diocesan Board is appointed to be the trustee of—
(a) the foundation;
(b) the trust assets; and
(c) the School Fund established by article 3(1)(a).
(2) The rector and churchwardens for the time being of the Parish of Market Harborough are
hereby appointed to be the trustees of the Religious Education Fund established by article 3(1)(b).
(3) All 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.
2Administration of foundation
5.—(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 account for that
proportion of the capital and income of the trust assets of the foundation which represents the
Religious Education Fund, to the trustees of that fund.
(3) The trustees of the Religious Education Fund must apply the income, and may apply the
capital, of that fund for educational purposes related to the Parish of Market Harborough in
connection with the provision of religious education in accordance with the tenets of the Church
of England by means of a Sunday School or otherwise.
(4) The Diocesan Board must hold the School Fund on the terms set out in the Schedule (being
the uniform statutory trusts set out in Schedule 36 to the Education Act 1996)(a).
Consolidation
6. The School Fund must be consolidated with the fund known as the Leicester Diocesan
Uniform Statutory Trusts Fund(b) and that consolidated fund must be known as the Leicester
Diocesan Uniform Statutory Trusts Fund.
Signed by the authority of the Secretary of State
Louise Whitesman
Deputy Director
29th January 2026 Department for Education
(a) Schedule 36 was amended by paragraph 10 of Schedule 9 to the Education Act 2005 (c. 18).
(b) The trustee of the Leicester Diocesan Uniform Statutory Trusts Fund is the Diocesan Board. The assets of the Leicester
Diocesan Uniform Statutory Trusts Fund are held on the uniform statutory trusts.
3SCHEDULE Article 5(4)
The Uniform Statutory Trusts
1. In this Schedule—
“the area” means the Diocese of Leicester;
“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;
“relevant trust assets” means the School Fund.
2. The trustee may, after payment of any expenses incurred in connection with the administration
of the trust, apply the capital and income of the relevant 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.
3. The trustee may also, after payment of any expenses incurred in connection with the
administration of the trust, apply the income of the relevant 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 relevant 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 relevant trust assets for any of the
purposes referred to in paragraph 2 above.
(a) 2005 c. 18.
4EXPLANATORY NOTE
(This note is not part of the Order)
This Order appoints the Leicester Diocesan Board of Education as trustee of the foundation known
as Market Harborough Church of England Infant School and makes new provision as to the use
of that foundation. It creates a separate foundation for the purpose of providing religious education
in accordance with the doctrines of the Church of England within the Parish of Market Harborough.
The Order provides for the Religious Education Fund to be held on trust by the rector and
churchwardens for the time being of the Parish of Market Harborough.
The Order provides for the relevant trust assets to be consolidated with the fund known as the
Leicester Diocesan Uniform Statutory Trusts 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 Leicester.
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