Statute Law Repeals - Law Commission - Ministry of Justice

GROUP 5 – DURHAM COUNTY SCHOOLS
1.18 The Durham County Schools Act of 1801 24 was passed to establish schools “for
the education of poor children in the County Palatine of Durham”. 25 Part of the
compensation payable in respect of the enclosure of common moors and land in
the County Palatine had been awarded to the Bishop of Durham, the Honourable
Shute Barrington, in his capacity as Lord of the manors of Chester and
Lancaster. Bishop Barrington’s wish was that part of this compensation should be
used to establish and maintain one or more schools for the education of poor
children of the County Palatine. The 1801 Act provided for the compensation to
be used for this purpose with the Bishop being empowered to make laws and
regulations for the conduct and management of any such school.
1.19 Unfortunately the compensation moneys were insufficient to enable the
establishment of any new school as envisaged by the 1801 Act. Accordingly the
Durham County Schools Amendment Act of 1822 26 was passed to amend the
arrangements prescribed by the 1801 Act. The 1822 Act allowed the Bishop of
Durham to use the rental income from the compensation moneys not for the
establishment of any new schools but for the benefit of any schools already in
existence (or to be established in the future) in the County Palatine of Durham.
1.20 Neither the 1801 Act nor the 1822 Act has any legal effect today. The charitable
funds provided by Bishop Barrington are today managed by the registered charity
known as Westgate Barrington Schools. This charity is governed not by the
authority of either Act but by schemes drawn up by the Charity Commission. 27
Accordingly both enactments are now unnecessary and may be repealed.
24 41 Geo.3 c.cxx.
25 The 1801 Act, preamble. Counties Palatine were established in the 11 th century to defend
the northern and western counties of the kingdom of England. The rulers of these counties
were given palatine (ie royal) powers, making these territories largely independent of,
though still owing allegiance to, the Crown. Each had its own administration and courts.
The County Palatine of Durham was established by William the Conqueror and was
governed by the Bishop of Durham.
26 3 Geo.4 c.26.
27 These schemes are dated 28 May 1867 and 20 August 1897. The charity’s principal object
is to promote the education (including religious education) of the inhabitants of the
ecclesiastical district of Stanhope in the parish of Stanhope, Durham.
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