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Ecclesiastical Judges and Legal Officers (Fees) Order 1992

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SCHEDULE 1

Table 1

Faculty and Court Fees

Dean of the Arches, Vicar General or ChancellorRegistrar or other Officers by usage performing the duty
££

1.  Archdeacon’s Faculty. Fee payable on lodging petition (rule 3).

35

2.  Chancellor’s Faculty. Fees payable on lodging petition (rule 3).

2555

3.  Additional fees where the Chancellor has ordered under rule 25 that the proceedings are to be determined upon consideration of written representations, such fees, and by whom they are to be paid, to be fixed by the Chancellor within the limits shown.

88—13956—83

4.  On the registrar referring a petition in respect of which a fee has become payable under paragraph 1 of this Table to the Chancellor under rule 6(5), 7 or 9, the petitioner, if he wishes to proceed, shall pay a further fee of

2520

5.  Additional fees on the Judge or registrar giving other directions (otherwise than at a hearing in respect of which fees are payable under paragraph 6 of this Table), such fees, and by whom they are to be paid, to be fixed by the Judge within the limits shown—

(a)on a pre-trial review of the case as a whole under rule 18—

(i)directions given by Judge

53—15935—106

(ii)directions given by registrar

53—159

(b)on the giving of other directions—

(i)directions given by Judge

21—6414—42

(ii)directions given by registrar

21—64

6.  Additional fees where the issue, whether opposed or unopposed, whether interlocutory or final, is to be heard in Court or in Chambers before the Chancellor’s Court, the Court of Arches or Chancery Court of York, or the Court of Ecclesiastical Causes Reserved—

(a)if the case lasts half a day or less

166125

(b)if the case lasts a whole day or more than half

278209
(fees on same scale for subsequent days).

7.  Additional fee on the Judge preparing a written judgement or drafting the form of order or both, such fee to be at the hourly rate shown and in respect of the number of hours certified by the Judge as spent in such work, and by whom the fee is to be paid to be determined by the Court.

27

8.  Preparatory and ancillary work and correspondence (if any) in relation to petition for faculty — not to exceed without the sanction of the Judge.

25

9.—(a) No fees are payable under paragraphs 5 and 6 to the members of the Court of Ecclesiastical Causes Reserved.

(b)All other fees of the Registry in opposed cases are to be paid on the same scale as allowed for Court fees, from time to time, in the Supreme Court of Judicature.

(c)"Judge" means the Chancellor or Presiding Judge of the Appellate Court.

(d)References to Rules are to the Faculty Jurisdiction Rules 1992.

Table II

Fees payable for Permissions under the Overseas and Other Clergy (Ministry and Ordination Measure) 1967 and Annual Fees payable to the Vicars-General

Fee £
Note: These fees are the liability of the Archbishop, subject to the provisions of section 8 of the Ecclesiastical Fees Measure 1986 .

1.  Fee payable to Provincial Registrar for permission under the Overseas Clergy (Ministry and Ordination) Measure 1967

45

2.  Annual fee for Vicar-General of the Province of Canterbury

1270

3.  Annual fee for Vicar-General of the Province of York

1032

Table III

Fees payable in Connection with Appeals in Faculty Cases

Fee £

Notes:

(a)

References to rules are to the Ecclesiastical Jurisdiction (Faculty Appeals) Rules 1965.

(b)

The fees set out above are in addition to those set out in Table I.

1.  Application under rule 3 to determine the Court to which appeal lies (except where application is made immediately after giving of judgement). To be paid to registrar by applicant on lodging application—

  • for chancellor

58
for registrar33

2.  Appeal under rule 4. To be paid to registrars by appellant on lodging notice of appeal—

  • to registrar of diocese

110
  • to registrar of appellate court

56

Plus, where appeal is to Court of Ecclesiastical Causes Reserved, a fee, to be fixed by registrar of Court of Ecclesiastical Causes Reserved, in respect of the cost of preparing five copies for the use of members of the Court of the documents to be transmitted by the registrar of the diocese under rule 4(5)(b), the notice of appeal and the documents to be furnished by the appellant under rule 4(7), to be paid to registrar of Court of Ecclesiastical Causes Reserved by appellant when assessed by registrar.

3.  Petition for Review under rule 9. To be paid to registrar of Court of Ecclesiastical Causes Reserved by petitioner on lodging petition.

110

4.  Interlocutory application under rule 11(2). To be paid to registrar of appellate court on lodging notice of appeal.

14

5.  Appeal under rule 11(6). To be paid to registrar of appellate court by appellant on lodging notice of appeal.

14

Table IV

Fees payable on Taxation of Costs in Discipline and Faculty Appeal Cases

Fee £

1.  To be paid to registrar by party applying for taxation on lodging application.

12

2.  To be paid to registrar by party applying on taxation of a bill of costs—

(a)where the amount allowed does not exceed £1,000

50

(b)where the amount allowed exceeds £1,000—

(i)for the first £1,000

50

(ii)for every £20 or fraction thereof over £1,000

0.50

Table V

Fees for Duties under the Patronage (Benefices) Rules 1987(1)

Note: References to rules are to The Patronage (Beneficies) Rules 1987.

Fees for work by the diocesan registrar in connection with—

(a)

any search in the register of patrons (“the register”) maintained under Part I of the Patronage (Benefices) Measure 1986(2) (rule 10(1));

(b)

the making of any extract from the register (rule 10(1));

(c)

supplying a certified copy of any entry in the register (rule 10(2));

except so far as the work is within the scope of the annual fee payable to the diocesan registrar under the Legal Officers (Annual Fees) Order for the time being in force made under section 5 of the Ecclesiastical Fees Measure 1986.

Fees payable to the diocesan registrar to be calculated in accordance with the Solicitors' Remuneration Order 1972(3) and to be payable by the person making the search or extract or requesting the certified copy.

Table VI

Fees for Elections to the General Synod

1.  Fees for duties required to be performed as presiding officer at general elections to the Lower Houses of the Convocations or to the House of Laity of the General Synod or at elections to fill vacancies if the full election procedure is used in accordance with Rule 35(1) of the Clergy Representa tion Rules 1975 to 1989 or Rule 39(5) of the Church Representation Rules, payable to the diocesan registrar where he acts as presiding officer.

£100 and a further £25 for every hour spent on counting votes

2.  Fee for duties required to be performed as presiding officer at elections to fill casual vacancies to the Lower Houses of the Convocations or to the House of Laity of the General Synod if the shortened procedure is used in accordance with Rule 35(3) and (4) of the Clergy Representation Rules 1975 to 1989 or Rule 39(6) of the Church Representation Rules, payable to the diocesan registrar where he acts as presiding officer.

£25 for every hour spent on counting votes
(1)

S.I. 1987/773.

(3)

S.I. 1972/1139.

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