The Ecclesiastical Judges, Legal Officers and Others (Fees) Order 2010

TABLE I FACULTY 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 under section 13(4) and (5) of the Care of Churches and Ecclesiastical Jurisdiction Measure 1991 (including appeals); and

(3) Proceedings under section 4 of the Care of Cathedrals (Supplementary Provisions) Measure 1994(1) (including appeals).

PART I

		Dean of the Arches, Vicar-General or Chancellor	Registrar or other Officer by usage performing the duty
		£	£
1.	Archdeacon’s Faculty. Fee payable on submission of petition (rule 4).	–	68
2.	Chancellor’s Faculty. Fee payable on submission of petition (rule 4).	45	104
3.	Additional fees where the Chancellor has ordered under rule 26 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.	164–259	105–156
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 7(5), 8 or 10, the petitioner, if he or she wishes to proceed, shall pay a further fee of	45	38
5.	Fees on the Judge, Court 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 19—
	(i) directions given by Judge	99–298	68–197
	(ii) directions given by registrar	–	99–298
	(b) on giving of other directions—
	(i) directions given by Judge or Court	39–119	30–77
	(ii) directions given by registrar	–	39–119
6.	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 Vicar-General’s Court, the Arches Court of Canterbury or Chancery Court of York, or the Court of Ecclesiastical Cases Reserved—
	(a) if the case lasts half a day or less	310	236
	(b) if the case lasts a whole day or more than a half	524	392
	(fees on same scale for subsequent days)
7.	Fee on the Judge or other member of the Court preparing a written judgment 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 or other member of the Court as spent in such work, and by whom the fee is to be paid to be determined by the Court.	50	–
8.	Preparatory and ancillary work and correspondence (if any) in relation to petition for faculty, appeal or other proceedings – not to exceed without the sanction of the Judge.	–	45
9.	(a) No fees are payable under paragraphs 5, 6 and 7 to members of the Court of Ecclesiastical Causes Reserved.
	(b) 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 Jurisdiction Measure 1963(2))—
	(i) any fee payable under paragraph 5(b) to the Dean of the Arches shall be payable to each member of those Courts who joins in the giving of directions within that sub-paragraph;
	(ii) any fee calculated in accordance with paragraph 6 payable under that paragraph to the Dean of the Arches shall be payable to each member of those Courts; and
	(iii) a fee calculated in accordance with paragraph 7 shall be payable to each member of those Courts who prepares a separate written judgment or who is principally responsible for drafting the form of order or both.
	(c) All other fees of the Registry (otherwise than in respect of an unopposed faculty petition which is not the subject of a hearing before the Consistory Court) are to be paid on the same scale as allowed for Court fees, from time to time, in the Supreme Court of Judicature.
	(d) “Judge” means the Chancellor or Presiding Judge of the Appellate Court.
	(e) Where the Vicar-General’s court of the Province of Canterbury exercises the faculty jurisdiction of the Consistory Court by virtue of section 3(5)(a) of the Care of Places of Worship Measure 1999(3), “Chancellor” shall be taken as referring to the Vicar-General and “registrar” shall be taken as referring to the registrar of the province of Canterbury acting as registrar of the Vicar-General’s court.
	(f) References to Rules are to the Faculty Jurisdiction Rules 2000(4), and reference to any provision of the Rules shall include reference to the corresponding provision of the Faculty Jurisdiction (Care of Places of Worship) Rules 2000(5) applying to faculty proceedings in relation to buildings, curtilages, objects and structures which are subject to the faculty jurisdiction by virtue of section 3(2) of the Care of Places of Worship Measure 1999.

PART II

On the submission of a petition for a faculty in respect of any building or part of a building, any curtilage of a building or any object or structure fixed to a building or part of a building or within its curtilage, which is subject to the faculty jurisdiction by virtue of section 3(2) of the Care of Places of Worship Measure 1999, a fee of £179 shall be payable to the Diocesan Board of Finance (within the meaning of the Diocesan Boards of Finance Measure 1925) of the diocese concerned (in this Order called “the Board”) in respect of work done in relation to the petition (before or after it is lodged) by the Diocesan Advisory Committee and any such work done by any archdeacon in the diocese.

Provided that—

(4) The Board may in its discretion waive the whole or part of that fee in a particular case where it considers that such a waiver is appropriate having regard to any financial contribution to the funds of the diocese made by those responsible for the building concerned, those who worship regularly in that building or any other persons who in the Board’s opinion have a substantial interest in or connection with that building; and

(5) No fee shall be payable under this part of this Table in respect of any faculty petition relating to a building, part of a building, curtilage, object or structure where the building concerned is one specified in section 1(2)(e) or section 3(5) of the Care of Places of Worship Measure 1999.

(1)

1994 No. 2.

(2)

1963 No. 1. Section 47 was amended by the Care of Churches and Ecclesiastical Jurisdiction Measure 1991, Schedule 4, paragraph 8.

(3)

1999 No. 2.

(4)

S.I. 2000/2047.

(5)

S.I. 2000/2048.