Search Legislation

Ecclesiastical Jurisdiction and Care of Churches Measure 2018

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes over time for: Section 86

 Help about opening options

Changes to legislation:

There are currently no known outstanding effects for the Ecclesiastical Jurisdiction and Care of Churches Measure 2018, Section 86. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

86Fees ordersE

(1)The Fees Advisory Commission must inform itself of the duties of the offices of ecclesiastical judges and the duties of the offices of legal officers and may make recommendations as to the annual fees to be paid to them in relation to such of those duties as it specifies.

(2)The Commission may make recommendations as to the fees to be paid to such persons as it specifies in relation to—

(a)such duties carried out by ecclesiastical judges as it specifies;

(b)such duties carried out by legal officers as it specifies;

(c)such functions carried out by advisory committees or archdeacons in connection with relevant faculty proceedings as it specifies.

(3)The Commission may make an order to give effect to its recommendations under subsection (1) or (2).

[F1(3A)An order under this section may contain provision as to—

(a)exemptions from or reductions in fees;

(b)remission of fees in whole or in part.]

(4)An order under this section may contain such incidental provision as the Commission considers necessary or desirable; and the provision which may be made includes, in particular, provision relating to payment for reasonable expenses incurred by ecclesiastical judges or legal officers—

(a)on the holding of court hearings, or

(b)on travel, subsistence and accommodation.

[F2(4A)Any order under this section which includes provision under subsection (3A) must also include incidental provision under subsection (4) to require the diocesan board of finance to pay the amounts which would be payable were it not for the exemption, reduction or remission provided for by the order.]

[F3[F4(4B)] An order under this section may provide for a fee, or a matter relating to the payment of a fee, to be determined—

(a)by a court, ecclesiastical judge, legal officer or other person;

(b)by reference to provision made under an Act of Parliament.]

(5)A fee payable under an order under this section is recoverable as a debt.

(6)Where an archbishop or bishop has paid a sum under an order under this section, and the liability to pay was imposed on the archbishop or bishop in that capacity, the Church Commissioners must reimburse the sum to the archbishop or bishop.

(7)Ecclesiastical judge” means—

(a)the Dean of the Arches and Auditor,

(b)the Vicar-General of either province,

(c)the chancellor of a diocese,

(d)the president of tribunals,

(e)the chair of a disciplinary tribunal for the purposes of the Clergy Discipline Measure 2003, or

(f)the deputy of a person specified in paragraphs (a) to (e).

(8)Legal officer” means—

(a)the registrar of a province,

(b)the registrar of a diocese,

(c)the administrator of a cathedral,

(d)the registrar of tribunals for the purposes of the Clergy Discipline Measure 2003, or

(e)the deputy of a person specified in paragraph (a) or (b).

(9)Relevant faculty proceedings” means proceedings, or proposed proceedings, for obtaining a faculty in the case of a building which is subject to the faculty jurisdiction as a result of its inclusion in the list under section 38, other than a building within subsection (2)(e) of that section (sharing agreements).

(10)The references in subsection (9) to a building are to be read with section 39(3) (inclusion of monuments, curtilages, structures etc.).

(11)An order under this section—

(a)must be laid before the General Synod, and

(b)may not come into force unless—

(i)in the case of an order giving effect to recommendations under subsection (1), it has been approved by the Synod, or

(ii)in the case of an order giving effect to recommendations under subsection (2), it has been approved by the Synod, whether with or without amendment.

(12)If the Business Committee of the General Synod decides that the Synod does not need to debate an order under this section giving effect to recommendations under subsection (1), the order is deemed to be approved by the Synod unless notice is given by a member of the Synod in accordance with its Standing Orders that the member wishes the order to be debated.

(13)If the Business Committee decides that the Synod does not need to debate an order under this section giving effect to recommendations under subsection (2), the order is deemed to be approved by the Synod without amendment unless notice is given by a member of the Synod in accordance with its Standing Orders that the member—

(a)wishes the order to be debated, or

(b)wishes to move an amendment to the order.

Back to top

Options/Help

Print Options

You have chosen to open The Whole Measure

The Whole Measure you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Measure as a PDF

The Whole Measure you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Measure

The Whole Measure you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources