Ecclesiastical Fees Measure 1986 No. 2

Commencement Information

I1 Measure not in force at Royal Assent see s. 12(3); Measure wholly in force at 01.09.1986

Part III E

Miscellaneous and General E

7 Recovery of fees. E

Any fee payable by virtue of any order made under this Measure shall be recoverable as a debt.

8 Reimbursement of archbishops or bishops. E

Where an archbishop or bishop has paid any sum by virtue of any order made or deemed to be made under this Measure and the liability to pay that sum was imposed on him as archbishop or bishop, the Church Commissioners shall reimburse that sum to the archbishop or bishop.

9 Private, local and personal Acts which are inconsistent with Parochial Fees Orders. E

Schedule 1 to this Measure which relates to private, local and personal Acts which are inconsistent with a Parochial Fees Order shall have effect.

10 Interpretation. E

In this Measure the following expressions have the meanings hereby respectively assigned to them—

• [F1 “church” means a parish church, a place licensed for public worship by the bishop under section 29(1) or a building designated as a parish centre of worship by the bishop under section 29(2) of the Pastoral Measure 1983 (1983 No. 1) and, in relation to marriage only, a public chapel licensed for the solemnization of marriages under section 20 of the Marriage Act 1949 or an authorised chapel within the meaning of section 78(1)(a) of that Act, provided that the marriage takes place in accordance with the licence or as mentioned in section 78(1)(a), as the case may be, but does not include any church or chapel in or belonging to any extra-parochial place which is licensed by the bishop under section 21 of that Act and “ churchyard ” shall be construed accordingly;

• “churchyard” includes the curtilage of a church and a burial ground of a church, whether or not immediately adjoining a church; ]

• “ecclesiastical judges” means the Dean of the Court of Arches and the Auditor of the Chancery Court of York, the Vicars General of the provinces of Canterbury and York, the Commissary General[F2 , the president and deputy president of tribunals [F3 and the chairmen of disciplinary tribunals] for the purposes of the Clergy Discipline Measure 2003] and Diocesan Chancellors[F4 , and the deputies of any of them];

• “legal officers” means the provincial registrars,[F5 the registrar of tribunals for the purposes of the Clergy Discipline Measure 2003,] diocesan registrars, bishops’ legal secretaries and chapter clerks [F6 , and the deputy provincial and diocesan registrars];

• F7 ...

• [F8 “ parochial fees ” means any fees prescribed in respect of any of the matters set out in Schedule A1. ]

Textual Amendments

F1 Definitions of “church” and “churchyard” in s. 10 inserted (1.7.2011) by Ecclesiastical Fees (Amendment) Measure 2011 (No. 2), ss. 4(1)(b)(i), 6(2); 2011 No. 1, art. 2

F2 Words in s. 10 inserted (1.6.2005) by Clergy Discipline Measure 2003 (No. 3), ss. 44(4)(a), 48(2) (with s. 47); 2005 No. 1, Instrument made by Archbishops

F3 Words in s. 10 inserted (1.2.2014) by Clergy Discipline (Amendment) Measure 2013 (No. 2), ss. 9(8), 10(2); 2014 No. 1, art. 2

F4 Words in s. 10 inserted (1.3.1993) by Care of Churches and Ecclesiastical Jurisdiction Measure 1991 (No. 1), s. 10, Sch. 6 para. 4(a) (with s. 31(6)); Instrument dated 16.2.1993 made by the Archbishops of Canterbury and York.

F5 Words in s. 10 inserted (1.6.2005) by Clergy Discipline Measure 2003 (No. 3), ss. 44(4)(b), 48(2) (with s. 47); 2005 No. 1, Instrument made by Archbishops

F6 Words in s. 10 inserted (1.3.1993) by Care of Churches and Ecclesiastical Jurisdiction Measure 1991 (No. 1), s. 10, Sch. 6 para. 4(b) (with s. 31(6)); Instrument dated 16.2.1993 made by the Archbishops of Canterbury and York.

F7 Definition of “parish” in s. 10 omitted (1.7.2011) by virtue of Ecclesiastical Fees (Amendment) Measure 2011 (No. 2), ss. 4(1)(b)(ii), 6(2); 2011 No. 1, art. 2

F8 Definition of “parochial fees” in s. 10 substituted (1.7.2011) by Ecclesiastical Fees (Amendment) Measure 2011 (No. 2), ss. 4(1)(b)(iii), 6(2); 2011 No. 1, art. 2

11 Repeals, consequential amendments and transitional provisions. E

(1) The M1 Ecclesiastical Fees Measure 1962 is hereby repealed.

(2) In section 63 of the M2 Ecclesiastical Jurisdiction Measure 1963 for the words from “Ecclesiastical Fees” to the end of the section there shall be substituted the words “Ecclesiastical Fees Measure 1986” and in section 6(3) of the M3 Faculty Jurisdiction Measure 1964 for the words “Ecclesiastical Fees Measure 1962” there shall be substituted the words “Ecclesiastical Fees Measure 1986”.

(3) The transitional provisions in Schedule 2 to this Measure shall have effect.

Marginal Citations

M1 1962 No. 1.

M2 1963 No. 1.

M3 1964 No. 5.

12 Short title, extent and commencement. E

(1) This Measure may be cited as the Ecclesiastical Fees Measure 1986.

(2) This Measure shall extend to the whole of the provinces of Canterbury and York except the Channel Islands and the Isle of Man, but may be applied to the Channel Islands, as defined by the M4 Channel Islands (Church Legislation) Measures 1931 M5 and 1957, or either of them, in accordance with the provisions of those measures and may be extended to the Isle of Man by or under Act of Tynwald.

(3) This Measure shall come into force on such day as the Archbishops of Canterbury and York may jointly appoint and different days may be so appointed for different provisions.

Modifications etc. (not altering text)

C1 Power of appointment conferred by s. 12(3) fully exercised: 1.9.1986 appointed by Instrument dated 24.7.1986

Marginal Citations

M4 1931 No. 4.

M5 1957 No. 1.