1997 No. 1889
The Ecclesiastical Judges and Legal Officers(Fees) Order 1997
Made (Approved by the General Synod)
Laid before Parliament
Coming into force
We, the Fees Advisory Commission constituted in accordance with the provisions of section 4 of the Ecclesiastical Fees Measure 19861, in the exercise of the powers conferred by section 6 do hereby order as follows:–
1
The fees appearing in the Tables of the Schedule to this Order are established and are substituted for the fees appearing in the Tables of the Schedule to the Ecclesiastical Judges and Legal Officers (Fees) Order 19962. The Tables of the Schedule contain particulars of the fees which are to be received, after the commencement of this Order, by the ecclesiastical judges and legal officers named in the Schedule for carrying out by them of the duties of their offices specified in the Schedule.
2
The Ecclesiastical Judges and Legal Officers (Fees) Order 1996 is hereby revoked.
3
a
Subject to the provisions of this paragraph nothing in this Order shall preclude a diocesan board of finance from agreeing to pay an additional fee to a diocesan registrar by way of annual fee or retainer (hereinafter called a “supplementary annual fee”) which is in addition to the annual fee or fees prescribed by Order made under the Ecclesiastical Fees Measure 1986.
b
An agreement made under sub-paragraph (a) above shall be expressed to be an agreement for a payment by way of supplementary annual fee.
c
An agreement made under sub-paragraph (a) above shall be in writing. The period for which the agreement is to run shall be stated in the agreement. In the absence of any such statement the agreement shall remain binding until determined by not less than three months' notice on either side.
d
The body responsible for paying a supplementary annual fee shall be the diocesan board of finance.
4
A fee specified in the Schedule to this Order shall be increased by a sum for reasonable expenses of travel, subsistence, accommodation and the holding of court hearings.
5
Where Value Added Tax is chargeable in respect of the provision of any service for which a fee is prescribed in this Order there shall be payable in addition to that fee the amount of the Value Added Tax.
6
This Order may be cited as the Ecclesiastical Judges and Legal Officers (Fees) Order 1997 and shall come into operation on the first day of January 1998.
Dated this 19th day of May 1997
Approved by the General Synod the 11th day of July 1997
SCHEDULE
TABLE 1FACULTY AND OTHER FEES
Except where the contrary intention appears, this Table and Table II apply to the following proceedings–
1
Faculty petitions and other faculty proceedings (including appeals);
2
Proceedings for an injunction or a restoration order under section 13(4) and (5) of the Care of Churches and Ecclesiastical Jurisdiction Measure 19913 (including appeals); and
3
Proceedings under section 4 of the Care of Cathedrals (Supplementary Provisions) Measure 19944 (including appeals).
Dean of the Arches, Vicar General or Chancellor | Registrar or other Officersby usage performing the duty | |
---|---|---|
£ | £ | |
| – | 42 |
| 30 | 67 |
| 105-165 | 68-99 |
| 30 | 25 |
| ||
| ||
| 63-190 | 42-126 |
| – | 63-190 |
| ||
| 26-76 | 17-50 |
| – | 26-76 |
| ||
| 197 | 150 |
| 332 | 249 |
| 32 | – |
| – | 30 |
|
TABLE IIADDITIONAL FEES PAYABLE IN CONNECTION WITH APPEALS
Fee | |
---|---|
£ | |
| |
for chancellor | 70 |
for registrar | 39 |
| |
to the registrar of the court of first instance | 132 |
to the registrar of the appellate court | 68 |
Plus a fee, to be fixed by the registrar of the appellate court, in respect of the cost of preparing for the use of the members of the court five copies (in the case of the Court of Ecclesiastical Causes Reserved) or three copies (in the case of the Arches Court of Canterbury or the Chancery Court of York constituted in accordance with section 47(1)(b) of the Ecclesiastical Measure 1963) of the following documents–
to be paid to the registrar of the appellate court by the appellant when assessed by the registrar. | |
| 132 |
| 17 |
| 17 |
NOTES:
|
TABLE IIIFEES FOR PROCEEDINGS IN RESPECT OF ECCLESIASTICAL OFFENCES
This Table applies to proceedings (including proceedings authorised to be taken and appeals) of the descriptions specified in sections 6(i)(a) or 10(i)(a) of the Ecclesiastical Jurisdiction Measure 1963.
Judge | Registrar | |||
---|---|---|---|---|
£ | £ | |||
| 26-190 | 17-126 | ||
| 197 | 150 | ||
| 332 | 249 | ||
(fees on same scale for subsequent days) | ||||
| 32 | – | ||
|
TABLE IVFEES PAYABLE ON TAXATION OF COSTS
Fee | |
---|---|
£ | |
| 15 |
| |
| 50 |
| 50 |
| 0.50 |
TABLE VFEES PAYABLE FOR PERMISSIONS UNDER THE OVERSEAS AND OTHER CLERGY (MINISTRY AND ORDINATION) MEASURE 19678 AND ANNUAL FEES PAYABLE TO THE VICARS-GENERAL
Fee | |
---|---|
£ | |
| 53 |
| 1,517 |
| 1,232 |
NOTE: These fees are the liability of the Archbishop, subject to the provisions of section 8 of the Ecclesiastical Fees Measure 1986. |
TABLE VIFEES FOR DUTIES UNDER THE PATRONAGE (BENEFICES) RULES 19879
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 198610 (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' (Non-Contentious Business) Remuneration Order 199411 and to be payable by the person making the search or extract or requesting the certified copy.
NOTE:
References to rules are to the Patronage (Benefices) Rules 1987.
TABLE VIIFEES FOR ELECTIONS TO THE GENERAL SYNOD
Fees for duties required to be performed as presiding officer at elections to the Lower Houses of the Convocations or to the House of Laity of the General Synod, payable to the diocesan registrar where he acts as presiding officer. | Such fees, or fees calculated on such basis, as may be agreed from time to time between the diocesan registrar and the diocesan board of finance. |
(This Note is not part of the Order)