The Parochial Fees Order 2008

Statutory Instruments

2008 No. 2470

Ecclesiastical Law, England

Fees

The Parochial Fees Order 2008

Laid before the General Synod in draft

6th July 2008

Made (Sealed by the Archbishops’ Council)

18th September 2008

Laid before Parliament

23rd September 2008

Coming into force

1st January 2009

The Archbishops’ Council, in exercise of the powers conferred by sections 1 and 2 of the Ecclesiastical Fees Measure 1986(1), which powers were transferred to it by the National Institutions of the Church of England (Transfer of Functions) Order 1998(2), makes the following Order, a draft of which has been approved by the General Synod in accordance with section 2(1) of the Measure.

Citation and commencement

1.  This Order may be cited as the Parochial Fees Order 2008 and shall come into operation on the first day of January 2009.

Interpretation

2.  In this Order “the Measure” means the Ecclesiastical Fees Measure 1986.

Establishment of fees

3.  The Table of Parochial Fees set out in Part 1 of the Schedule is established and contains particulars of the parochial fees which, subject to the provisions of section 3 of the Measure, are to be payable to the persons named in relation to the respective matters specified.

Application of Part 2 of the Schedule

4.  Part 2 of the Schedule shall apply in relation to the parochial fees particulars of which are contained in Part 1.

Definitions

5.  In the Schedule, unless the context otherwise requires—

“burial” includes deposit in a vault or brick grave and the interment or deposit of cremated remains;

“Chancellor” means the judge of the consistory court or commissary court of the bishop or archbishop of the diocese;

“incumbent” means the incumbent of any benefice as defined by the Interpretation Measure 1925(3);

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

“cemetery” means a burial ground maintained by a burial authority;

“monument” includes a headstone, cross, kerb, border, vase, chain, railing, tablet, plaque, marker, flatstone, tombstone or monument or tomb of any other kind.

Revocation of 2007 Order

6.  The Parochial Fees Order 2007(4) is revoked.

The draft of this Order was approved by the General Synod on

6th July 2008

David Williams

Clerk to the Synod

Church House, London

The COMMON SEAL of the Archbishops’ Council was hereunto affixed on

18th September 2008

William Fittall

Secretary General

Church House, London

SCHEDULE FEES ESTABLISHED BY THIS ORDER

PART 1 TABLE OF PAROCHIAL FEES

	Col 1	Col 2	Col 3
	Fee payable to incumbent	Fee payable to Parochial Church Council	Total Fees Payable
	£.p	£.p	£.p
BAPTISMS
Certificate issued at time of baptism	12.00	—	12.00
Short certificate of baptism given under Section 2 Baptismal Registers Measure 1961(5)	9.00	—	9.00
MARRIAGES
Publication of banns of marriage	15.00	7.00	22.00
Certificate of banns issued at time of publication	12.00	—	12.00
Marriage service	123.00	131.00	254.00
FUNERALS AND BURIALS
A. Service in church
Funeral service in church	54.00	45.00	99.00
Burial in churchyard following on from service in church	—	190.00	190.00
Burial in cemetery or cremation following on from service in church	—	—	NIL
Burial of body in churchyard on separate occasion	36.00	190.00	226.00
Burial of cremated remains in churchyard on separate occasion	36.00	77.00	113.00
Burial in cemetery on separate occasion	36.00	—	36.00
B. No service in church
Service in crematorium or cemetery	99.00	—	99.00
Burial of body in churchyard	36.00	190.00	226.00
Burial of cremated remains in churchyard	36.00	77.00	113.00
C. Certificate issued at time of burial	12.00	—	12.00
MONUMENTS IN CHURCHYARDS
Permitted in accordance with rules, regulations or directions made by the Chancellor including those relating to a particular churchyard or part of a churchyard (but excluding a monument authorised by a particular faculty)—
Small cross of wood (*)	9.00	12.00	21.00
Small vase not exceeding 305mm x 203mm x 203mm (approx. 12” x 8” x 8”) (*)	36.00	44.00	80.00
Tablet, plaque or other marker commemorating a person whose remains have been cremated (*)	36.00	44.00	80.00
Any other monument (*)	51.00	101.00	152.00
Additional inscription on existing monument	36.00	—	36.00
SEARCHES IN CHURCH REGISTERS ETC.
Searching registers of marriages for period before 1st July 1837
(for up to one hour)	12.00	7.00	19.00
(for each subsequent hour or part of an hour)	9.00	7.00	16.00
Searching registers of baptisms or burials (including provision of one copy of any entry therein)
(for up to one hour)	12.00	7.00	19.00
(for each subsequent hour or part of an hour)	9.00	7.00	16.00
Each additional copy of an entry in a register of baptisms or burials	12.00	7.00	19.00
Inspection of instrument of apportionment or agreement for exchange of land for tithes deposited under Tithe Act 1836(6)	9.00	—	9.00
Furnishing copies of above (for every 72 words)	9.00	—	9.00

PART 2 APPLICATION OF PAROCHIAL FEES

Burial on a separate occasion

1.  In relation to the fee for a burial in a churchyard, “on a separate occasion” means on any occasion other than following on from a service in church, for example, the interment of cremated remains.

Burial of infant

2.  No fee is payable in respect of the burial of a still-born infant, or for the funeral or burial of an infant dying within the period of one year after birth.

Funeral service

3.  If a full funeral service is held at the graveside, the incumbent’s fee is increased to that payable where the service is held in church.

Burial of cremated remains in churches or closed churchyards

4.  Where cremated remains are buried in or under a church or in a closed churchyard, the fees payable to the incumbent and the Parochial Church Council are—

(1) where burial is authorised by a general faculty, the same as those laid down in Part 1 for burial in a churchyard;

(2) where burial is authorised by a particular faculty, such sums as may be determined by the Chancellor, who shall specify the person or persons entitled to receive them.

Monuments in churchyards

5.  The fees marked (*) include fees for the original inscription.

• Where a monument in a churchyard is erected or an additional inscription on a monument is made under the authority of a particular faculty, the fees payable to the incumbent and the Parochial Church Council or either of them shall be such sums as may be determined by the Chancellor, who shall specify the person or persons entitled to receive them.

• The incumbent’s fee for an additional inscription on a small cross of wood shall not exceed the current fee payable to the incumbent for the erection of such a monument.

Monuments in churches

6.  Where a faculty is granted for the erection of a monument in a church or any additional inscription thereon, the fees payable to the incumbent and the Parochial Church Council or either of them shall be determined by the Chancellor, who shall specify the person or persons entitled to receive them.

The incumbent’s fees

7.  An incumbent who has not executed an assignment of parochial fees to the Diocesan Board of Finance may direct, either generally or in a particular case, that all or part of any fee which is payable to the incumbent under Part 1 shall be payable to the minister performing the service or duty.

Reservation of grave space: vaults

8.  Payment of any of the fees prescribed by the Table in Part 1 does not confer any right to construct a new vault or an exclusive right to a grave or vault. Where a faculty is granted conferring rights for a period specified in the faculty, the fees payable to the incumbent and the Parochial Church Council or either of them shall be determined by the Chancellor, who shall specify the person or persons entitled to receive them.

Searches in church registers etc.

9.  The search fee relates to a ‘particular search’ where the approximate date of the baptism, marriage or burial is known. The fee for a more general search of a church register is negotiable with the incumbent and the Parochial Church Council.

Services in crematoria and unconsecrated cemeteries

10.  The Church of England (Miscellaneous Provisions) Measure 1992(7) contains a provision which has the effect of requiring a minister of a parish, if requested, to perform a funeral service for defined parishioners in any appropriate crematorium or unconsecrated cemetery. The fees prescribed by the Table in Part 1 for such services (which are identical to the fees for services held in consecrated cemeteries) are mandatory except where a local authority or other crematorium authority has fixed charges for these services in which case the authority’s charges will apply.

EXPLANATORY NOTE

(This note is not part of the Order)

Paragraph 2 and Part 1 of the Schedule establish a new table for fees payable for certain matters in connection with baptisms, marriages and burials, for the erection of monuments in churchyards and for other miscellaneous matters. The fees are in substitution for the fees prescribed by the Parochial Fees Order 2007 (S.I. 2007/2850).

(1)

1986 No. 2.

(2)

S.I. 1998/1715.

(3)

1925 No. 1.

(4)

S.I. 2007/2850.

(5)

1961 No. 2.

(6)

1836 (6 & 7 Will. 4 c.71).

(7)

1992 No. 1.