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The Ecclesiastical Judges, Legal Officers and Others (Fees) Order 2013

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Fees for elections to the General Synod

4.  Where the diocesan registrar acts as presiding officer at elections to the Lower Houses of the Convocations or to the House of Laity the fee payable shall be such, or calculated on such basis, as may be agreed from time to time between the diocesan registrar and the diocesan board of finance.

TABLE 1

Faculty and other fees

Except where the contrary intention appears, this Table and Table 2 apply to the following proceedings—

Faculty petitions and other faculty proceedings (including appeals);

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

Proceedings under section 18 of the Care of Cathedrals Measure 2011(1) (including appeals).

Dean of the Arches, Vicar-General or ChancellorRegistrar or other Officer by usage performing the duty
££
1.Archdeacon’s Faculty. Fee payable on submission of petition (rule 4).73
2.Chancellor’s Faculty. Fee payable on submission of petition (rule 4).48112
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.175–278113–167
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 of4841
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 Judge107–31973–211
(ii) directions given by registrar107–319
(b) on giving of other directions—
(i) directions given by Judge or Court42–12733–82
(ii) directions given by registrar.42–127
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 less332252
(b) if the case lasts a whole day or more than a half561420
(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.53
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.48
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.

TABLE 2

Additional fees payable in connection with appeals

Fee
£
1.Application under rules 4-6 for leave to appeal or to determine the Court to which appeal lies or both. To be paid to the registrar specified below by the applicant on lodging the application—
for judge at first instance, or for the Dean of the Arches and Auditor if application is made to him or her116
for registrar of the Court of first instance or, if the application is made to the Dean of the Arches and Auditor, for the registrar of the appellate court.67
2.Appeal from decision of the Consistory Court or Vicar-General’s Court. To be paid to the registrars by the appellant on lodging the notice of appeal—
to the registrar of the court of first instance225
to the registrar of the appellate court113
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 Jurisdiction Measure 1963) of the following documents—
(i) the record of the proceedings at first instance and any other documents and exhibits transmitted by the registrar of the court of first instance to the registrar of the appellate court;
(ii) the note by the judge of the proceedings at first instance;
to be paid to the registrar of the appellate court by the appellant when assessed by the registrar.
3.Petition for Review under rule 17. To be paid to the registrar of the Court of Ecclesiastical Causes Reserved by the petitioner on lodging petition.225
4.Interlocutory application within rule 19. To be paid to the registrar of the appellate court by the applicant on lodging the application.33
5.Appeal against the decision of the registrar of the appellate court on an interlocutory application. To be paid to the registrar of the appellate court by the appellant on lodging the notice of appeal.33
(2)

1963 No 1 (relevant amendments were made by the Care of Churches and Ecclesiastical Jurisdiction Measure (1991 No 1)).

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