1. The Fees appearing in Schedule 1 to this Order are established. The Tables of that Schedule contain particulars of the Annual Fees which are to be received, after the commencement of this Order, by the legal officers named in Table I of that Schedule in respect of the carrying out by them of the duties of their offices specified in Schedule 2 to this Order and by the legal officers named in Table II of Schedule 1 in respect of the carrying out by them of the duties of their offices.
2. The Fees established and set out in the second column of Table I of Schedule 1 to this Order are to be paid by the diocesan board of finance. The Fees established and set out in the third column of the said Table I and in Table II of that Schedule are the liability of the diocesan bishop or archbishop, subject to the provisions of section 8 of the Ecclesiastical Fees Measure 1986.
3. The Legal Officers (Annual Fees) Order 2003(1) is hereby revoked.
4. The diocesan registrar shall perform the duties and provide the professional services specified in Schedule 2 to this Order in consideration of the annual fee set out in Table I of Schedule 1 to this Order for his or her diocese and shall not be entitled to receive any other remuneration for such duties or services save as provided by this Order.
5.—(1) 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 payable under Table I of Schedule 1 to this Order.
(2) An agreement made under sub-paragraph (1) above shall be expressed to be an agreement for a payment by way of supplementary annual fee.
(3) An agreement made under sub-paragraph (1) 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 that three months' notice on either side.
(4) The body responsible for paying a supplementary annual fee shall be the diocesan board of finance.
6. A fee specified in Schedule 1 to this Order shall be increased by a sum for reasonable expenses of travel, subsistence and accommodation.
7. Where Value Added Tax is chargeable in respect of the provision of any service for which a fee is prescribed in this Order (including any fee specified in paragraph 4 of Schedule 2 to this Order) there shall be payable in addition to that fee the amount of Value Added Tax.
8.—(1) This Order may be cited as the Legal Officers (Annual Fees) Order 2005.
(2) This Order shall have effect from the first day of January 2005.
J Laws
G F Tattersall
H M Morgan
M A Chamberlain
A Whittam Smith
T E Allen
Approved by the General Synod the fifteenth day of February 2005
David Williams
Clerk to the Synod