Ecclesiastical Judges, Legal Officers and Others (Fees) Order 2001

Publication Date:January 01, 2001
 
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2001No. 2671

ECCLESIASTICAL LAW, ENGLAND

FEES

The Ecclesiastical Judges, Legal Officers and Others (Fees) Order 2001

6thJuly2001

24thJuly2001

1stJanuary2002

We, the Fees Advisory Commission constituted in accordance with the provisions of section 4 of the Ecclesiastical Fees Measure 1986( 1), in the exercise of the powers conferred by section 6 do hereby order as follows: -

1. The fees appearing in the Tables of the Schedule to this Order are established and are substituted for the fees appearing in the Tables of Schedule 1 to the Ecclesiastical Judges, Legal Officers and Others (Fees) Order 2000( 2). The Tables of the Schedule to the Order contain particulars of the fees which are to be received, after the commencement of this Article: -

(a) by the ecclesiastical judges and legal officers named in that Schedule for carrying out by them of the duties of their offices specified in that Schedule; and(b) by diocesan boards of finance in respect of the matters specified in Part II of Table I of that Schedule.

2. The Ecclesiastical Judges, Legal Officers and Others (Fees) Order 2000 is hereby revoked.

3.

(a) 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 or fees prescribed by Order made under the Ecclesiastical Fees Measure 1986.(b) An agreement made under sub-paragraph (a) above shall be expressed to be an agreement for a payment by way of supplementary annual fee.(c) An agreement made under sub-paragraph (a) 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 than three months' notice on either side.(d) The body responsible for paying a supplementary annual fee shall be the diocesan board of finance.

4. A fee specified in the Schedule to this Order (other than a fee specified in Part II of Table I of that Schedule) shall be increased by a sum for reasonable expenses of travel, subsistence accommodation and the holding of court hearings.

5. Where Value Added Tax is chargeable in respect of the provision of any service for which a fee is prescribed in this Order there shall be payable in addition to that fee the amount of the Value Added Tax.

6.

(1) This Order may be cited as the Ecclesiastical Judges, Legal Officers and Others (Fees) Order 2001.

(2) This Order shall come into operation on the first day of January 2002.

Dated this fifth day of June 2001

J Laws

G F Tattersall

H M Morgan

M G S Farrell

C A Pym

T E Allen

Approved by the General Synod

D M Williams

Clerk to the Synod

the 6th day of July 2001

SCHEDULE

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 order 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( 3)(including appeals).

PART I

Dean of the Arches, Vicar General or Chancellor

Registrar or other Officers by usage performing the duty

£

£

1. Archdeacon's Faculty. Fee payable on lodging petition (rule 3).

-

51

2. Chancellor's Faculty. Fees payable on lodging petition (rule 3).

34

79

3. Additional fees where the Chancellor has ordered under rule 25 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.

123-195

80-117

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 6(5), 7 or 9, the petitioner, if he wishes to proceed shall pay a further fee of

34

29

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 18 -

(i) directions given by Judge

75-224

51-148

(ii) directions given by registrar

-

75-224

(b) on the giving of other directions -

(i) directions given by Judge or Court

30-90

21-58

(ii) directions given by registrar

-

30-90

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 Causes Reserved -

(a) if the case lasts half a day or less

233

177

(b) if the case lasts a whole day or more than half

393

295

(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 or 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.

36

-

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

-

34

9.

(a) No fees are payable under paragraphs 5, 6 and 7 to the 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 ( 4) ) -

(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( 5), "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( 6) , and reference to any provision of the Rules shall include references to the corresponding provision of the Faculty Jurisdiction Rules (Care of Places of Worship) Rules 2000( 7) 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 lodging 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 £130 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: -

(1) The Board may in its discretion waive the whole or part of that fee in a particular case where it considers that such 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

(2) 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.

TABLE IIADDITIONAL 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

82

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

47

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 -

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