The Legal Officers (Annual Fees) Order 2006

SCHEDULE 1 FEES ESTABLISHED BY THIS ORDER

TABLE I ANNUAL FEES PAYABLE TO DIOCESAN REGISTRARS (SUBSTITUTED FOR TABLE I OF SCHEDULE 1 TO THE LEGAL OFFICERS (ANNUAL FEES) (NO.2) ORDER 2005)

Diocese	Payable by Diocesan Board of Finance	Liability of the Diocesan Bishop	Total
	£	£	£
Bath and Wells	32,010	18,797	50,807
Birmingham	19,839	15,561	35,400
Blackburn	21,362	18,971	40,333
Bradford	14,612	19,276	33,888
Bristol	19,546	15,318	34,864
Canterbury	22,264	17,493	39,757
Carlisle	23,189	16,027	39,216
Chelmsford	35,347	20,658	56,005
Chester	25,845	17,533	43,378
Chichester	28,959	21,261	50,220
Coventry	18,215	18,071	36,286
Derby	21,772	17,831	39,603
Durham	21,013	18,353	39,366
Ely	22,938	17,906	40,844
Exeter	33,078	19,333	52,411
Gloucester	24,265	17,297	41,562
Guildford	17,401	18,238	35,639
Hereford	23,647	17,859	41,506
Leicester	22,584	15,705	38,289
Lichfield	31,882	20,216	52,098
Lincoln	36,584	14,842	51,426
Liverpool	20,768	18,379	39,147
London	33,880	22,001	55,881
Manchester	23,476	20,848	44,324
Newcastle	20,561	14,762	35,323
Norwich	38,118	15,732	53,850
Oxford	47,185	15,419	62,604
Peterborough	23,628	19,657	43,285
Portsmouth	13,474	19,613	33,087
Ripon and Leeds	18,706	16,084	34,790
Rochester	21,947	17,828	39,775
St Albans	26,472	19,378	45,850
St Edmundsbury and Ipswich	28,848	18,672	47,520
Salisbury	32,029	18,156	50,185
Sheffield	19,637	16,944	36,581
Southwark	25,345	22,370	47,715
Southwell and Nottingham	21,429	18,144	39,573
Truro	21,243	15,653	36,896
Wakefield	18,816	17,817	36,633
Winchester	24,626	19,030	43,656
Worcester	18,473	17,141	35,614
York	31,622	19,509	51,131

TABLE II FEES PAYABLE TO PROVINCIAL REGISTRARS

PART A FEES PAYABLE TO THE PROVINCIAL REGISTRARS (SUBSTITUTED FOR TABLE II, PART A, OF SCHEDULE 1 TO THE LEGAL OFFICERS (ANNUAL FEES) (NO.2) ORDER 2005)

		Fee £
1.	Annual fee for Joint Registrars of the Province of Canterbury	107,900
2.	Annual fee for Registrar of the Province of York	50,865

PART B DUTIES AND PROFESSIONAL SERVICES NOT FALLING WITHIN THE SCOPE OF THE ANNUAL FEE

Duties and professional services in connection with the following matters shall not fall within the scope of the annual fee payable to Provincial Registrars:

Advice or other work in connection with disciplinary proceedings against a clerk in Holy Orders which have been instituted under section 10 of the Clergy Discipline Measure 2003(1) or in respect of any disciplinary matters arising under or in relation to that Measure including under sections 30 and 31.

(In respect of such advice, a fee calculated in accordance with the Solicitors' (Non-Contentious Business) Remuneration Order 1994(2) shall be payable by the bishop (except in relation to advice and other work for which a fee is payable under the Ecclesiastical Judges, Legal Officers and Others (Fees) Order for the time being in force made under section 6 of the Ecclesiastical Fees Measure 1986).)

SCHEDULE 2 THE SCOPE OF THE ANNUAL FEE

Professional services to be provided by the diocesan registrar

1.  Subject to the restrictions contained in paragraphs 2 and 3 hereof, the professional services provided by the diocesan registrar in respect of the annual fee paid to him or her under this Order shall include —

(1) Giving of advice to the Diocesan Bishop, Suffragan Bishops, Archdeacons, Chairmen of the Houses of the Diocesan Synod, Rural Deans and Lay Chairmen of Deanery Synods, Incumbents and all other clergymen, beneficed or licensed in the diocese, on any legal matter properly arising in connection with the discharge of their respective ecclesiastical or synodical offices, and giving of advice to chairmen and secretaries of diocesan boards, councils and committees on any legal matter properly arising in connection with the business of the respective boards, councils and committees;

(2) Acting as Registrar to the Diocesan Synod and attendance at its meetings;

(3) Attendance at the Bishop’s Council and Standing Committee if required by that Committee;

(4) Occasional attendance at meetings of diocesan boards, councils and committees for the purpose of giving advice on specific matters;

(5) Maintaining all such records of the diocese as are customarily kept by the diocesan registrar including the making of entries therein, and the making of searches and reports on matters recorded in the Registry or in documents held in the diocesan muniment room at the request of persons or bodies referred to in sub-paragraphs (1) and (6) hereof;

(6) Giving advice to churchwardens and secretaries of PCCs on any legal matter properly arising in connection with their duties or official business;

(7) Giving advice to any person concerned in or with the administration of an election under the Church Representation Rules on any question properly arising under those Rules;

(8) Giving advice to a bona fide enquirer concerning the law of marriage, baptism, confirmation and burial of the dead according to the rites and ceremonies of the Church of England;

(9) Giving advice to persons considering or proposing to make an application for a legal aid certificate for financial assistance from the Legal Aid Fund maintained under section 1 of the Church of England (Legal Aid) Measure 1994;

(10) Acting as Registrar to the Consistory Court of the diocese except in so far as a separate fee is prescribed by Order made under the Ecclesiastical Fees Measure 1986 or except in so far as this Order provides that a fee calculated in accordance with the Solicitors' (Non-Contentious Business) Remuneration Order 1994 is payable;

(11) Attendance at episcopal visitations (other than visitations by the Diocesan Bishop of the Cathedral Church of the diocese);

(12) Drafting and preparing, approving, engrossing and registering all notices, licences, consents, permissions, instruments and other documents required by law or customarily used in connection with the following matters —

(a) Ordination

(b) Certification of Ordination

(c) Presentation to a Benefice

(d) Commission for Institution or Collation

(e) Admission to Freehold Office

(f) Certification of Institution or Collation

(g) Licensing of Non-Residence, for legalising house of residence

(h) Resignation (other than resignation of an incumbent)

(i) Under the Pastoral Measure 1983 —

(i) Admission to office of rector for a term of years

(ii) Licensing of a vicar in a team ministry or for extending term of years of rector or vicar in a team ministry

(iii) Designation of a parish centre of worship under Part II of the Measure for the purposes of the Marriage Act 1949 and other purposes

(j) Licensing of clerks in holy orders and deaconesses

(k) Delegation by bishop of episcopal and archidiaconal powers under the Dioceses Measure 1978 and the Church of England (Miscellaneous Provisions) Measure 1983

(l) Episcopal visitations (other than visitations by the Diocesan Bishop of the Cathedral Church of the diocese)

(m) Matters relating to sequestrations

(n) Provision of agreements to form a Conventional District

(o) Consent to hold preferment under the Ecclesiastical Jurisdiction Measure 1963

(p) Licensing of unconsecrated church or places of worship (including temporary licences)

(q) Ordering of Licensed Chapel to come under Faculty Jurisdiction;

(13) Acting in relation to the following matters on the instructions of the Diocesan Bishop, Suffragan Bishops or Archdeacons or on the instructions of a diocesan board or council whose business properly includes such matters—

(a) Consecration of a Church and Burial Ground or a Church without a Burial Ground

(b) Consecration of a Cemetery or Burial Ground

(c) Preparation and Registration of documents required under the Consecration of Churchyards Act 1867 for the consecration of additions to churchyards

(d) Licensing of a Building for Marriages

(e) Notification under section 2 of the Benefices (Transfer of Rights of Patronage) Measure 1930 (in relation to a guild church in the City of London);

(14) Work in connection with the following matters—

(a) Maintaining the register of patrons (“the register”) under Part I of the Patronage (Benefices) Measure 1986 (“the 1986 Measure”) as required by section 1(1) of the 1986 Measure

(b) Searches in and making of extracts from the register, enquiries as to entries in the register and supplying certified copies of entries in the register, where the search, extract or enquiry is made or the certified copy is requested by or on behalf of a person or body referred to at the commencement of sub-paragraph (13) or by the designated officer (within the meaning of section 7(5) of the 1986 Measure)

(c) Receipt and issue of notices and notification of representations under section 3(3) and (4) of the 1986 Measure.

Restrictions on the provisions of paragraph 1

2.  The provisions of paragraph 1 hereof shall be restricted as follows—

(1) Where the Registrar receives a request for advice on any matter properly falling within paragraph 1 sub-paragraphs (1), (5), (6), (7) and (8)—

(a) The Registrar shall not be required to correspond with a third party involved in the enquiry

(b) Before giving advice the Registrar shall first consider whether the matter on which his or her advice is sought is one which can conveniently be dealt with by the diocesan secretary or some other person or body in the diocese rather than by the Registrar

(c) If a legal dispute arises between parties who are both church officers the Registrar may decline to advise either party, but he or she shall be at liberty to advise both parties with a view to helping them to resolve their dispute if in his or her judgement it is desirable to do so;

(2) The Registrar shall not be required to attend meetings of diocesan boards, councils and committees except upon an occasional basis to give legal advice on specific matters. (The Registrar may attend such meetings regularly to give general advice and assistance if requested to do so by the board, council or committee in question and in that case he or she shall be entitled to be separately remunerated for this work.)

Advice or assistance given to the Diocesan Bishop, Suffragan Bishops or Archdeacons

3.  The provisions of paragraph 2(1) hereof shall not apply to advice and assistance given as legal secretary or diocesan registrar to the Diocesan Bishop, or as diocesan registrar to Suffragan Bishops or Archdeacons.

Work not falling within the scope of the annual fee

4.  For the avoidance of doubt work in connection with the following matters shall not fall within the scope of the annual fee but a fee calculated in accordance with the Solicitors' (Non-Contentious Business) Remuneration Order 1994 shall be payable—

(1) Conveyancing and drafting of documents other than those referred to in paragraph 1 sub-paragraphs (12) and (13) hereof;

(2) Matters relating to individual diocesan, parochial or educational trusts or to individual pieces of diocesan glebe property;

(3) Litigation;

(4) Acting as secretary to the Vacancy in See Committee constituted under The Vacancy in See Committees Regulation 1993 (as amended) on a vacancy in the see of the Diocesan Bishopric;

(5) Deposition or deprivation consequent upon proceedings in secular courts, including the following—

(a) Service of notice on a priest or deacon of intention to depose him or her from Holy Orders under rule 49(1) of the Ecclesiastical Jurisdiction (Discipline) Rules 1964 (the fee is payable by the bishop)

(b) Carrying out of a duty or exercising of a discretion following proceedings referred to in section 55 of the Ecclesiastical Jurisdiction Measure 1963 (the fee is payable by the bishop);

(6) Advice or other work in connection with proceedings against a clerk in Holy Orders under the Ecclesiastical Jurisdiction Measure 1963 in respect of an ecclesiastical offence which have been instituted under that Measure or are under consideration or in connection with an allegation of such an offence which is under investigation with the knowledge and approval of the bishop (excluding advice and other work for which a fee is payable under the Ecclesiastical Judges, Legal Officers and Others (Fees) Order for the time being in force made under section 6 of the Ecclesiastical Fees Measure 1986). (The fee is payable by the bishop.)

(7) Advice or other work in connection with disciplinary proceedings against a clerk in Holy Orders which have been instituted under section 10 of the Clergy Discipline Measure 2003 or in respect of any disciplinary matters arising under or in relation to that Measure including under sections 30 and 31. (The fee is payable by the bishop.)

(8) Advice or other work in connection with the revocation by reason of misconduct of a licence granted by the bishop to a deaconess or lay worker or reader to minister in the diocese, or in connection with a revocation of such a licence which is under consideration or with an allegation of misconduct by such a person which might lead to such a revocation and which is under investigation with the knowledge and approval of the bishop. (The fee is payable by the bishop.)

(9) Advice to the diocesan bishop or other work carried out at his request in connection with proceedings or possible future proceedings under the Incumbents (Vacation of Benefices) Measures 1977 and 1993 in a case where notice has been given to the bishop under section 1A(1A) of the Incumbents (Vacation of Benefices) Measure 1977 or the giving of such notice is under consideration. (The fee is payable by the bishop.)

(10) Pronouncing of censure under section 31 of the Ecclesiastical Jurisdiction Measure 1963 with the consent of the accused (the fee is payable by the bishop);

(11) Work undertaken on behalf of a person who is not an official in the diocese or on behalf of a body which is not a diocesan board or council in connection with the following matters—

(a) Consecration or licensing of a public cemetery, a private burial ground or a private chapel

(b) Licensing the chapel of an extra-parochial place for a marriage of persons living or residing with that place

(c) Notification under section 2 of the Benefices (Transfer of Rights of Patronage) Measure 1930 (in relation to a guild church in the City of London) (the fee to be paid in such proportions as may be agreed between the transferor and the transferee, and in the absence of such agreement the fee to be paid by the transferee);

(12) Removal of the legal effects of consecration under section 22 of the Care of Churches and Ecclesiastical Jurisdiction Measure 1991;

(13) Work carried out in relation to the register of patrons under Part I of the Patronage (Benefices) Measure 1986 where a fee calculated in accordance with the Solicitors' (Non-Contentious Business) Remuneration Order 1994 is payable under the Ecclesiastical Judges, Legal Officers and Others (Fees) Order for the time being in force made under section 6 of the Ecclesiastical Fees Measure 1986;

(14) Acting as Chapter Clerk (whether or not the Diocesan Registrar holds the office of Chapter Clerk) and in particular doing the following work, namely work in connection with the following matters—

(a) Installation to a Deanery

(b) Installation to a Canonry or Prebend (whether Residentiary or Honorary) or to an Archdeaconry

(c) Admission to a Minor Canonry

(These fees are payable out of Cathedral Revenues);

(15) Attendance at and work in connection with any visitation by the Diocesan Bishop of the Cathedral Church of the Diocese and in connection with any action taken or proposed to be taken by the Diocesan Bishop under the Care of Cathedrals (Supplementary Provisions) Measure 1994.

Disbursements

5.  If any disbursements other than expenses specified in paragraph 6 of this Order are incurred in the course of providing any of the professional services in paragraph 1 above the diocesan registrar shall be entitled to charge for them separately.

(1)

2003 No. 3

(2)

S.I. 1994/2616