Ecclesiastical Judges and Legal Officers (Fees) Order 1991

Made (Approved by the General Synod): 12th July 1991

Laid before Parliament: 26th July 1991

Coming into force: 1st January 1992

We, the Fees Advisory Commission constituted in accordance with the provisions of section 4 of the Ecclesiastical Fees Measure 1986[^f00001] in the exercise of the powers conferred by section 6 do hereby order as follows:–

1

The Fees appearing in the Schedule to this Order are established. The Tables of the Schedule contain particulars of the Fees which are to be received, after the commencement of this Order, by the ecclesiastical judges and legal officers named in the Schedule for carrying out by them of the duties of their offices specified in the Schedule.

2

The Fees established and set out in Tables I, II, III, IV, V and VI of the Schedule to the Ecclesiastical Judges and Legal Officers (Fees) Order 1990[^f00002] shall no longer be payable.

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 may be increased by a sum for reasonable expenses of travel, subsistence and accommodation.

5

Where Value Added Tax is chargeable in respect of the provison 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

This Order may be cited as the Ecclesiastical Judges and Legal Officers (Fees) Order 1991 and shall come into operation on the first day of January 1992.

SCHEDULE

TABLE I — FACULTY AND COURT FEES SUBSTITUTED FOR TABLE I OF THE SCHEDULE TOTHE ECCLESIASTICAL JUDGES AND LEGAL OFFICERS (FEES) ORDER 1990

1

Archdeacon’s Certificate. Fee payable on application(rule 3(1)).

2

Major Faculty (being matters enumerated by the Chancellor). Fees payable on lodging Petition (rule 4(1)).

3

Minor Faculty (all other cases). Fees payable on lodging Petition (rule 4(1)).

4

Additional fees where the Judge has ordered under rule 6A 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 Judge within the limits shown.

5

On the Judge giving directions under rule 8 that an application for an Archdeacon’s Certificate is to be treated as a Petition for a Major Faculty, the applicant, if he wishes to proceed, shall pay further fees of

6

On the Judge giving directions under rule 8 that an application for an Archdeacon’s Certificate is to be treated as a Petition for a Minor Faculty, the applicant, if he wishes to proceed, shall pay further fees of

7

Additional fees on the Judge or registrar giving other directions (otherwise than at a hearing in respect of which fees are payable under paragraph 8 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 5A(8):–

• (i) directions given by Judge

8

Additional fees where the issue, whether opposed or unopposed, whether interlocutory or final, is to be heard in Court or Chambers:–

• (a) cases before the Chancellor’s Court or the Court of Arches or the Chancery Court of York:

• (i) if a case lasts half a day or less

9

Additional fee on the Chancellor or the Presiding Judge of the Appellate Court preparing a written judgement 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 Chancellor or Presiding Judge as spent in such work, and by whom the fee is to be paid to be determined by the Court.

10

Preparatory and ancillary work and correspondence (if any) in relation to application for Archdeacon’s Certificate or Petition for Major or Minor Faculty–not to exceed without the sanction of the Chancellor or the Presiding Judge of the Appellate Court.

TABLE II — FEES SUBSTITUTED FOR TABLE II OF THE SCHEDULE TO THEECCLESIASTICAL JUDGES AND LEGAL OFFICERS (FEES) ORDER 1990

TABLE III — FEES PAYABLE IN CONNECTION WITH APPEALS IN FACULTY CASESSUBSTITUTED FOR TABLE III OF THE SCHEDULE TO THE ECCLESIASTICALJUDGES AND LEGAL OFFICERS (FEES) MEASURE 1990

TABLE IV — FEES PAYABLE ON TAXATION OF COSTS IN DISCIPLINE AND FACULTY APPEALCASES SUBSTITUTED FOR TABLE IV OF THE SCHEDULE TO THEECCLESIASTICAL JUDGES AND LEGAL OFFICERS (FEES) ORDER 1990

TABLE V — FEES FOR DUTIES UNDER THE PATRONAGE (BENEFICES) RULES 1987SUBSTITUTED FOR TABLE V OF THE SCHEDULE TO THE ECCLESIASTICALJUDGES AND LEGAL OFFICERS (FEES) ORDER 1990

Fees for work by the diocesan registrar in connection with–

• (a) any search in the register of patrons (“the register”) maintained under Part I of the Patronage (Benefices) Measure 1986[^f00004] (rule 10(1));

• (b) the making of any extract from the register (rule 10(1));

• (c) supplying a certified copy of any entry in the register (rule 10(2));

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.

Fees payable to the diocesan registrar to be calculated in accordance with the Solicitors' Remuneration Order 1972[^f00005] and to be payable by the person making the search or extract or requesting the certified copy.

Note:

References to rules are to The Patronage (Benefices) Rules 1987.

TABLE VI — FEES FOR ELECTIONS TO THE GENERAL SYNOD SUBSTITUTED FOR TABLE VOF THE SCHEDULE TO THE ECCLESIASTICAL JUDGES AND LEGALOFFICERS (FEES) ORDER 1990

Signed

Dated this Tenth day of June 1991

R. B. Gibson — A. K. L. Black — J. C. Broadhurst — T. A. C. Coningsby — D. Lovelock

Approved by the General Synod

P. J. C. Mawer — Secretary-General — the 12th day of July 1991

Explanatory note

(This note is not part of the Order)

1 This Order increases the fees fixed by the Ecclesiastical Judges and Legal Officers (Fees) Order 1990 (other than the fees for certain items in connection with the register of patrons under the Patronage (Benefices) Measure 1986 (where the amount payable is, in effect, a fair and reasonable sum rather than a fixed fee), the fees for acting as presiding officer at elections to the General Synod, and the fees of £50 and 50p payable on taxation of costs in discipline and faculty appeal cases, which are fixed as percentages of the £1,000 and £20 figures to which they relate). The Order also prescribes new court fees for the giving of directions and for work by the judge in preparing a written judgement or drafting the form of the Order.

2 The practice of most of the Chancellors in exercising their jurisdiction in relation to item 2 of Table I has been to designate the following as matters for major faculties–

1 Where estimated cost of work, excluding professional fees and VAT, exceeds £2,500.

2 Where confirmatory faculty is sought.

3 Where grave space is reserved.

4 Where a body is to be exhumed.

5 Where light or air agreement is to be approved.

6 Where faculty is sought under Open Spaces Act 1906 (c. 25).

7 Where road widening scheme is approved.

8 Where Chancellor so directs in case of unusual difficulty.

Footnotes

[^f00001]: 1986 No. 2.

[^f00002]: S.I. 1990/1439.

[^f00003]: S.I. 1987/773.

[^f00004]: 1986 No. 3.

[^f00005]: S.I. 1972/1139.