Former Ysgol Y Fron C.P. School, Holywell - Educational Trust Fund Scheme Proposal

NOTICE UNDER S.3 OF THE REVERTER OF SITES ACT 1987
THE FORMER YSGOL Y FRON C.P SCHOOL, HOLYWELL

1. A plot of land situate at the former school site known as Ysgol Y Fron C.P. School, Halkyn Road, Holywell, CH8 7TZ was conveyed under separate conveyances part of the land was acquired under a conveyance dated 7th June 1864 made between Offley Malcolm Crewe Read (1) Mr Thomas Owen and others (2).

2. It is recited in the 1864 Conveyance that the conveyance was authorised by the School Sites Acts 1841 and 1844, and that the Site was to be held for the purposes of the 1841 Act. The 1841 Act authorised grantors to convey land not exceeding one acre in area “...as a site for a school for the education of poor persons or for the residence of the schoolmaster or schoolmistress or otherwise for the purposes of education of such poor persons in religious and useful knowledge” subject to the proviso that, once it ceased in use for the purposes in this Act mentioned, the same shall thereupon revert to and become a portion of the” original estate “as if this Act had not been passed”.

3. By virtue of Section 1 of the Reverter of Sites Act 1987, the Council hold the Site on trust for the successors in title of the original grantor, Mr Offley Malcolm Crewe Read. Since it appears likely from the recitals to the 1864 Conveyance that, when disposing of the Site, Mr Read did not retain title to any adjoining land, the title to the Site was prima facie to revert to the successors in title to his estate rather than the owners of the adjoining land.

4. The Land was sold on 23rd March 2017 and ceased to be used for the purpose on the 1st September 2016, and by virtue of section 1 of the Reverter of Sites Act 1987 the proceeds of sale (“the property”) became subject to a trust (and held by the Trustees as such) for the persons who but for that Act would from time to time have been entitled to the ownership of the Property by virtue of its reverter (“the beneficiaries”).

5. The Trustees propose to apply to the Charity Commission for England and Wales under section 2 of the Reverter of Sites Act 1987 for an Order establishing a Scheme with respect to the property subject to the said trust which will:

a. Extinguish the rights of the beneficiaries in the property;

b. Require the Trust funds to be utilised for Educational purposes.

6. Any beneficiary under the trust who wishes to oppose the extinguishment of their rights should notify their claim in writing to the Trustees Legal Property Services, Flintshire County Council, Ty Dewi Sant, St. David’s Park, Ewloe, CH5 3FF or or by email to legal.property.services@flintshire.gov.uk within three months from today.