The Ecclesiastical Judges, Legal Officers and Others (Fees) Order 2011

JurisdictionUK Non-devolved
CitationSI 2011/1731

2011 No. 1731

Ecclesiastical Law, EnglandFees

The Ecclesiastical Judges, Legal Officers and Others (Fees) Order 2011

Made (Approved by the General Synod) 8th July 2011

Laid before Parliament 21th July 2011

Coming into force 1st January 2012

We, the Fees Advisory Commission constituted in accordance with the provisions of section 4 of the Ecclesiastical Fees Measure 19861, in exercise of the powers conferred by section 6 do hereby order as follows:

S-1 Citation and commencement

Citation and commencement

1.—(1) This Order may be cited as the Ecclesiastical Judges, Legal Officers and Others (Fees) Order 2011.

(2) This Order shall come into operation on the first day of January 2012.

S-2 Establishment of fees

Establishment of fees

2. 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 the Schedule to the Ecclesiastical Judges, Legal Officers and Others (Fees) Order 20102. The Tables of the Schedule to this Order contain particulars of the fees which are to be received, after the commencement of this Article—

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

(2) by diocesan boards of finance in respect of the matters specified in Part II of Table I of that Schedule.

S-3 Revocation of 2010 Order

Revocation of 2010 Order

3. The Ecclesiastical Judges, Legal Officers and Others (Fees) Order 2010 is hereby revoked.

S-4 Supplementary annual fee

Supplementary annual fee

4.—(1) 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.

(2) An agreement made under sub-paragraph (1) above shall be expressed to be an agreement for a payment by way of supplementary annual fee.

(3) An agreement made under sub-paragraph (1) 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.

(4) The body responsible for paying a supplementary annual fee shall be the diocesan board of finance.

S-5 Travel, subsistence, accommodation and court hearings

Travel, subsistence, accommodation and court hearings

5. 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.

S-6 Value Added Tax

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 there shall be payable in addition to that fee the amount of the Value Added Tax.

A Rutherford

G F Tattersall

A R Hargreaves-Smith

A Britton

T E H Walker

T E Allen

C. J. Podmore

Clerk to the Synod

Church House, London

8th July 2011

SCHEDULE

Article 2

FEES ESTABLISHED BY THIS ORDER

1 FACULTY AND OTHER FEES

TABLE I

FACULTY AND OTHER FEES

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

SCH-1.1

1. Faculty petitions and other faculty proceedings (including appeals);

SCH-1.2

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

SCH-1.3

3. Proceedings under section 4 of the Care of Cathedrals (Supplementary Provisions) Measure 19943(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).

70

2.

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

46

107

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.

168–266

108–160

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

46

39

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

102–306

70–202

(ii) directions given by registrar

102–306

(b) on giving of other directions—

(i) directions given by Judge or Court

40–122

31–79

(ii) directions given by registrar

40–122

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

318

242

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

537

402

(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.

51

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.

46

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 19634)—

(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 19995, “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 20006, 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 20007 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 £184 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—

SCH-1.4

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

SCH-1.5

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.

2 ADDITIONAL FEES PAYABLE IN CONNECTION WITH APPEALS

TABLE II

ADDITIONAL FEES PAYABLE IN CONNECTION WITH APPEALS

Fee

£

1.

Application under rules 4-6...

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