The Ecclesiastical Judges, Legal Officers and Others (Fees) Order 2023

This Order may be cited as the Ecclesiastical Judges, Legal Officers and Others (Fees) Order 2023.

This Order comes into force on 1st January 2024.

In this Order, “the 2018 Measure” means the Ecclesiastical Jurisdiction and Care of Churches Measure 2018.

This article applies in relation to a petition for a faculty in respect of a building or part of a building, a curtilage of a building or an 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 43(1) of the 2018 Measure.

On the submission of the petition, a fee of £213 is payable to the diocesan board of finance in respect of work done in relation to the petition (before or after it is submitted) by the diocesan advisory committee or an archdeacon in the diocese.

In this article, “diocesan board of finance”, in relation to a diocese, means the board of that name constituted under the Diocesan Boards of Finance Measure 19253.

The fee payable for the work is a fee of the amount calculated in accordance with the Solicitors’ (Non-Contentious Business) Remuneration Order 20095, except in so far as the work is within the scope of any annual fee for the time being payable to the diocesan registrar by virtue of section 86(1) and (3) of the 2018 Measure.

The fee is payable by the person making the search or extract or requesting the copy.

This article applies in relation to proceedings in a consistory court.

In the case of each matter specified in the first column of Table 1, the fee specified in the second or third column is payable to the chancellor or the registrar (as the case may be).

In the case of a matter which comes within item 10, 12, 13 or 18, the chancellor or the registrar (as the case may be) must certify the number of hours spent.

In the case of a matter which comes within item 18, a fee is payable only in exceptional circumstances and if the chancellor so directs.

In the case of a matter for which no fee is specified in Table 1, a fee is payable to the registrar of the amount for the time being prescribed under section 92 of the Courts Act 20037 in the case of the equivalent matter in the High Court.

This article applies in relation to proceedings on an appeal from a consistory court and where a provincial court gives any directions for the further conduct of proceedings which are pending in a consistory court.

In the case of each matter specified in the first column of Table 2, the fee specified in the second or third column is payable to the judge or the registrar (as the case may be).

In the case of the Court of Ecclesiastical Causes Reserved, no fee is payable under items 6 to 8 to members of the Court.

In the case of a matter which comes within item 8 or 10, the judge or the registrar (as the case may be) must certify the number of hours spent.

In this article, “judge” means the person presiding over the court concerned.

This article applies in relation to proceedings on a review under section 11 or 14 of the Care of Cathedrals Measure 20118 (“the 2011 Measure”) by a Commission of Review constituted under section 11 of that Measure.

In the case of each matter specified in the first column of Table 3, the fee specified in the second or third column is payable to the judge or the registrar (as the case may be).

In the case of a matter which comes within items 4 to 6, the judge or the registrar (as the case may be) must certify the number of hours spent.

In this article, “judge” means the person who is a member of the Commission of Review by virtue of section 11(3)(a) of the 2011 Measure.

This article applies in relation to proceedings before the Vicar-General’s court of either province under the Care of Cathedrals Measure 2011 (“the 2011 Measure”).

In the case of each matter specified in the first column of Table 4, the fee specified in the second or third column is payable to the Vicar-General or the registrar (as the case may be).

A fee under this article is payable by the Archbishops’ Council under section 20B of the 2011 Measure9.

In the case of a matter which comes within item 4, 5 or 7, the Vicar-General or the registrar (as the case may be) must certify the number of hours spent.

This article applies in relation to proceedings before the Court of Ecclesiastical Causes Reserved under section 10(1)(a) of the Ecclesiastical Jurisdiction Measure 1963 (offences against the laws ecclesiastical involving matter of doctrine, ritual or ceremonial).

In the case of each matter specified in the first column of Table 5, the fee specified in the second column is payable to the registrar.

A fee under this article is payable by the Archbishops’ Council under section 62 of the Ecclesiastical Jurisdiction Measure 1963.

In the case of a matter which comes within item 3, 4 or 5, the registrar must certify the number of hours spent.

This article applies in relation to proceedings on a review by a Commission of Review under section 11 of the Ecclesiastical Jurisdiction Measure 1963 (“the 1963 Measure”) or section 19 of the 2018 Measure (review of a finding of the Court of Ecclesiastical Causes Reserved) where the provincial registrar is appointed as registrar of the Commission of Review.

In the case of each matter specified in the first column of Table 6, the fee specified in the second column is payable to the registrar.

In the case of a matter which comes within item 3 or 4, the registrar must certify the number of hours spent.

This article applies in relation to proceedings instituted under section 10 of the Clergy Discipline Measure 200310.

In the case of each matter specified in the first column of Table 7, the fee specified in the second or third column is payable to the judge or the registrar (as the case may be).

A fee under this article is, by virtue of section 35 of the Clergy Discipline Measure 2003, payable by the Archbishops’ Council under section 62 of the Ecclesiastical Jurisdiction Measure 1963.

In the case of a matter which comes within item 3, 4 or 6, the judge or the registrar (as the case may be) must certify the number of hours spent.

In this article, “judge” means the person presiding over the tribunal or court concerned.

This article applies in relation to proceedings under section 20 of the Clergy Discipline Measure 2003 (right of appeal).

In the case of each matter specified in the first column of Table 8, the fee specified in the second or third column is payable to the Dean of the Arches and Auditor or the registrar (as the case may be).

A fee under this article is payable by the Archbishops’ Council under section 62 of the Ecclesiastical Jurisdiction Measure 1963.

In the case of a matter which comes within item 4 or 6, the Dean of the Arches and Auditor or the registrar (as the case may be) must certify the number of hours spent.

This article applies in the case of an appointment of a person by the President of Tribunals under section 4(4) of the Clergy Discipline Measure 2003 (“the 2003 Measure”) (appointment of person as chair of disciplinary tribunals to act when President unable or unwilling to act).

A fee under this article is, by virtue of section 35 of the 2003 Measure, payable by the Archbishops’ Council under section 62 of the Ecclesiastical Jurisdiction Measure 1963.

For each hour spent by the judge determining the appeal, a fee equivalent to that payable per hour under item 4 of Table 8 in article 12 (Clergy Discipline Measure 2003: preparing judgement on appeal) is payable to the judge.

A fee under this article is payable in accordance with the provision as to expenses contained in the applicable rules referred to in paragraph (1)(a), (b) or (c)20.

The judge determining the appeal must certify the number of hours spent determining it.

In the case of each matter specified in the first column of Table 9, the fee specified in the second column is payable to the person concerned.

In the case of a matter which comes within items 1 to 4, a fee under this article is payable by the Archbishop; but see section 86(6) of the 2018 Measure (which requires the Church Commissioners to reimburse the Archbishop).

In the case of a matter which comes within item 5 or 6, a fee under this article is, by virtue of section 35 of the Clergy Discipline Measure 2003, payable by the Archbishops’ Council under section 62 of the Ecclesiastical Jurisdiction Measure 1963.

A person who would be entitled to an exemption from or reduction in, or a remission or part remission of, a fee prescribed by the Order for the time being in force under section 92 of the Courts Act 200322 (“the Civil Proceedings Fees Order”) is entitled to an equivalent exemption from or reduction in, or remission or part remission of, a fee provided for by this Order; and the Civil Proceedings Fees Order applies accordingly for the purposes of this Order.

Where the Civil Proceedings Fees Order includes provision requiring an application to be made for an exemption from, reduction in or remission of a fee, that provision is to be read for the purposes of this Order as requiring the application to be made to the registrar.

Where the Civil Proceedings Fees Order includes provision enabling a specified person to exercise a discretion in relation to an exemption from, reduction in or remission of a fee, that provision is to be read for the purposes of this Order as enabling the registrar to exercise the discretion.

The determination of an application made to the registrar under paragraph (2), or any work done under paragraph (3), is to be treated for the purposes of this Order as work which is ancillary to the proceedings in which the application is made or work is done; and the fee provided for by this Order for ancillary work in proceedings of that kind is payable to the registrar.

Where a person is entitled to an exemption from or reduction in, or remission or part remission of, a fee provided for by this Order, the diocesan board of finance for the diocese concerned must pay the amount which would be payable were it not for the exemption, reduction or remission.

The reasonable costs of the registrar in the determination of an application under paragraph (2) are payable by the diocesan board of finance.

In this article, “diocesan board of finance”, in relation to a diocese, means the board of that name constituted under the Diocesan Boards of Finance Measure 192523.