HC Deb 17 December 1919 vol 123 cc620-2

(1) Of the three Commissioners one shall be nominated by the Bishop of the diocese in which the benefice or benefices, and sinecure or sinecures (if any) affected by the proposed inquiry are situate, or in case the benefices are situate m more than one diocese than jointly by the Bishops of those dioceses; one shall be nominated by the patron or, if there shall be more than one patron, jointly by the patrons of the benefice or benefices and sinecure or sinecures affected; and the remaining Commissioners (who shall act as chairman) shall be nominated by the Ecclesiastical Commissioners.

(2) Provided that, if the Bishop of the diocese in which any benefice or sinecure affected by the proposed inquiry is situate shall also be the sole patron of that benefice or sinecure, the right of nomination by the Bishop in his capacity of patron shall be exercised by the same person as it would have been exercised by in the case of a patron who had after request, as in this Section mentioned, refused or neglected to nominate a Commissioner for a period of thirty days.

(3) If for a period of thirty days after being requested in writing by the Bishop to nominate a Commissioner the patron or patrons shall re- fuse or neglect so to do, his or their right of nomination shall be exercised by the persons following, that is to say—

  1. (a) where the benefice or one of the benefices affected is situated wholly or partly within s city or municipal borough, by the mayor of the city or borough; and
  2. (b) where no benefice affected is situated wholly or partly within a city or municipal borough, by the person who has presided as chairman of the last preceding quarter sessions for the county or division of the county in which the church of the benefice affected or if more than one benefice is affected of that one of the benefices which has the largest population shall be situate, or, if there be no such person, then by the lord lieutenant of the county in which the church of that benefice shall be situate.

Sir S. HOARE

I beg to move, in Subsection (I), to leave out the word "three" ["Of the three commissioners."]

I think this a consequential Amendment.

Amendment agreed to.

Further Amendments made: In Sub-section (1), after the word "affected" ["sinecures affected"], insert the words "one shall be nominated by the churchwardens (if any) of the benefice or benefices affected or by the major part of them."—[Sir S. Hoare.]

Mr. E. WOOD

I beg to move, in Sub-section (I), after the word "chairman" ["who shall act as chairman"], to insert the words "and shall have a casting vote in addition to his vote as a commissioner."

This is only to meet the case after the Amendment made providing for four commissioners instead of three.

Amendment agreed to.

Further Amendment made: In Sub-Section (2), leave out from the word "the" ["the same person "], to end of the Subsection, and insert instead thereof the words "patron or patrons of the other benefice or benefices affected."—[Sir S. Hoare.]

Mr. E. WOOD

I beg to move, at the end of Sub-section (2), to insert (3) Provided also that if the bishop of the diocese in which each of the benefices or sinecures affected is situate shall be the sole patron of that benefice or sincecure there shall be no Commissioner nominated by the patrons. The object of this Amendment is to provide for cases where the bishop is also the patron. He will then only have the right to nominate one representative instead of two.

Amendment agreed to.

Further Amendment made: In Subsection (3), after the word "patrons" ["patrons shall refuse"], insert the words or the churchwardens or the major part of them."—[Sir S. Hoare.]

Mr. E. WOOD

I beg to move, in Subsection (3), to leave out from the word "shall" ["nomination shall"], to the end of the Sub-section, and to insert instead thereof the words "lapse, and the commission shall be issued and shall be valid for all purposes notwithstanding any such lapse."

In the Bill there are various provisions for the case of patrons not exercising their right of nomination, and, in the event of their not doing so in a certain time the right of nomination shall lapse.

Amendment agreed to.

Clause, as amended, ordered to stand part of the Bill.

Clause 3 (Power of Lord Chancellor to Mske Rules) ordered to stand part of the Bill.