The Ecclesiastical Judges, Legal Officers and Others (Fees) Order 2014

Publication Date:January 01, 2014
 
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2014No. 2072

ECCLESIASTICAL LAW, ENGLAND

The Ecclesiastical Judges, Legal Officers and Others (Fees) Order 2014

11thJuly2014

6thAugust2014

1stJanuary2015

In accordance with section 6(3) of the Ecclesiastical Fees Measure 1986( 1) ("the Measure"), this Order has been laid before, and approved by, the General Synod.

The Fees Advisory Commission, in exercise of the powers conferred by section 6(1), (1A) and (2) of the Measure, makes the following Order:

Citation, commencement and interpretation

1. (1) This Order may be cited as the Ecclesiastical Judges, Legal Officers and Others (Fees) Order 2014.

(2) It comes into operation on 1st January 2015.

(3) In this Order-

(a) "diocesan board of finance" means in relation to a diocese, the board of that name constituted under the Diocesan Boards of Finance Measure 1925( 2);(b) "the Measure" means the Ecclesiastical Fees Measure 1986; and(c) any reference to an ecclesiastical judge or legal officer includes the deputy of such judge or officer.

Fees payable

2. The Schedule sets out the fees which are to be paid-

(1) to the ecclesiastical judges and legal officers described in the Schedule in respect of the carrying out by them of the duties of their offices that are specified; and

(2) to diocesan boards of finance in respect of the matters specified in paragraph 2 of the Schedule.

Revocation of 2013 Order

3. The Ecclesiastical Judges, Legal Officers and Others (Fees) Order 2013( 3) is revoked.

Supplementary annual fee

4. (1) Subject to paragraph (2), nothing in this Order shall preclude a diocesan board of finance from agreeing to pay any sum to a diocesan registrar by way of annual fee or retainer which is additional to the annual fee payable under Table 1 of the Schedule.

(2) Any such agreement shall-

(a) be in writing;(b) be expressed to be an agreement made in accordance with this article; and(c) state the period for which it is to run, or, if no such period is stated, remain binding until determined by not less than three months' notice on either side.

Travel, subsistence, accommodation and court hearings

5. A fee specified in the Schedule (other than a fee specified in paragraph 2 of the Schedule) shall be increased by a sum for reasonable expenses of travel, subsistence, accommodation and the holding of court hearings.

Value Added Tax

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

J Alpass

H Dellar

C Fletcher

M Goddard

J Jones

J Rees

E Renshaw

G Tattersall

S Trott

The Fees Advisory Commission

Church House, London

11th July 2014

This Order was approved by the General Synod on 11th July 2014

J Phillips

Clerk to the Synod

SCHEDULE

Articles 2, 4 and 5

Fees payable under this Order

1. The fees set out in Tables 1 to 6 shall be payable in relation to the proceedings therein described.

Faculty fees payable to the diocesan board of finance

2. (1) 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 £195 shall be payable to the diocesan board of finance ("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

(2) 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

(3) No fee shall be payable under this paragraph 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.

Fees for duties under the Patronage (Benefices) Rules 1987( 4)

3. Fees for work by the diocesan registrar in connection with-

(a) any search in the register of patrons ("the register") maintained under Part 1 of the Patronage (Benefices) Measure 1986( 5) (rule 10(1));(b) the making of any extract from the register (rule 10(1)); and(c) supplying a certified copy of any entry in the register (rule 10(2));

shall (except so far as the work is within the scope of the annual fee payable to the diocesan registrar under the Legal Officers (Annual Fees) Order for the time being in force made under section 5 of the Ecclesiastical Fees Measure 1986) be calculated in accordance with the Solicitors' (Non-Contentious Business) Remuneration Order 2009( 6) and shall be payable by the person making the search or extract or requesting the certified copy.

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( 7) (including appeals).

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).

-

74

2.

Chancellor's Faculty. Fee payable on submission of petition (rule 4).

49

114

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.

178-282

115-170

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

49

42

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

109-324

74-214

(ii) directions given by registrar

-

109-324

(b) on giving of other directions-

(i) directions given by Judge or Court

43-129

34-83

(ii) directions given by registrar.

-

43-129

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

337

256

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

570

427

(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.

54

-

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.

-

49

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( 8))-

(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( 9), "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...

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