Benefices Act 1898

11 Power to make rules

The rule committee, as defined by section nine of the [55 & 56 Vict. c. 32.] Clergy Discipline Act, 1892, may make rules for prescribing anything which, under this Act, is to be prescribed, and for defining the duties of the officials by whom registration is to be effected, and with respect to the inspection of the register and the fees payable on registration and inspection under this Act, and the application thereof for the remuneration of the officials in the registry in respect of such registration and inspection, and for regulating the procedure on and incident to the hearing and determination under this Act of any question as to a refusal to institute or admit, or of an appeal against an inhibition or appointment of a curate, and the fees payable in respect thereof, and the appointment and duties of officers of the court, and otherwise for carrying the purposes of this Act into effect, and the provisions of that section shall apply in the case of any rules so made. For the purpose of framing rules under this section the judge nominated by the Lord Chancellor for the purposes of this Act shall be added to the said Rule Committee if not already a member thereof. In framing rules under this Act regard shall be had to making the procedure and practice as simple and inexpensive as possible. The fees paid in respect of proceedings in the court under this Act shall be paid over to the common fund of the Ecclesiastical Commissioners, who shall, out of such common fund, defray all the expenses of and incidental to the sittings of the court and the remuneration of its officers, and all expenses which are necessarily incurred in the execution of this Act in such proceedings: Provided that no portion of any fund destined for the relief of necessitous incumbents shall be applied to the payment of the aforesaid expenses.