Church of England (Miscellaneous Provisions) Measure 2018

8 Fees E

(1) In section 1 of the Ecclesiastical Fees Measure 1986 (parochial fees orders), in subsection (1), for “licensed” substitute “ authorised ”.

(2) After subsection (1) of that section insert—

“(1A) Subsection (1) does not apply to matters which relate to duties carried out in the course of employment by a university, college, school, hospital or public or charitable institution.”

(3) In the Ecclesiastical Jurisdiction and Care of Churches Measure 2018 (“the 2018 Measure”), in section 84 (Fees Advisory Commission: continuation and membership), in subsection (2), for paragraph (a) substitute—

“(a) one person who is a diocesan or suffragan bishop nominated by the House of Bishops (regardless of whether that person is a member of that House);”.

(4) In section 85 of the 2018 Measure (Fees Advisory Commission: procedure), after subsection (5) insert—

“(5A) If the chair of the Commission considers that it has business which can properly be conducted by correspondence, the chair may arrange for written proposals requiring the Commission's approval to be circulated to members.

(5B) Unless objection is received from members in such numbers and within such period from the date on which they were sent as the Commission may specify, the proposals are to be treated on the expiry of that period as approved by the Commission as if they had been approved at a duly convened meeting.

(5C) The Commission may delegate to the chair the approval of any matter which requires decision and which, because of its urgency, cannot be dealt with at a meeting of the Commission or by correspondence as mentioned in subsection (5A).

(5D) A delegation under subsection (5C)—

(a) may be general or specific, and

(b) is subject to such conditions as the Commission may from time to time impose.”

(5) In section 86 of the 2018 Measure (fees orders), after subsection (4) insert—

“(4A) 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.”

(6) The amendment made by subsection (5) is to be regarded as having always had effect; and section 5 of the Ecclesiastical Fees Measure 1986 is to be regarded as having always, until its consolidation as section 86 of the 2018 Measure, conferred power to make provision by order for a fee, or a matter relating to the payment of a fee, to be determined by a court, judge or other person or by reference to provision made under an Act of Parliament.

Commencement Information

I1 S. 8(5)(6) in force at Royal Assent, see. s. 17(2)(b)

I2 S. 8(1)(3)(4) in force at 1.3.2019 by S.I. 2019/67, art. 2(1)(g)

I3 S. 8(2) in force at 1.5.2019 by S.I. 2019/67, art. 3(b)