Ecclesiastical Judges and Legal Officers (Fees) Order 1992

Made: 29th September 1992

Laid before Parliament: 19th November 1992

Coming into force

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 Tables of the Schedule to this Order are established and are substituted for the fees appearing in the corresponding Tables of the Schedule to the Ecclesiastical Judges and Legal Officers (Fees) Order 1991[^f00002]. 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 Ecclesiastical Judges and Legal Officers (Fees) Order 1991 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 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 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

This Order may be cited as the Ecclesiastical Judges and Legal Officers (Fees) Order 1992 and shall come into operation for all purposes other than those of Paragraph 2 and of Table 1 of the Schedule on the first day of January 1993 and for the purposes of Paragraph 2 and of Table I of the Schedule on the first day of March 1993.

SCHEDULE 1

1

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

2

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

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.

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

5

Additional fees on the Judge 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

6

Additional 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 Court of Arches or Chancery Court of York, or the Court of Ecclesiastical Causes Reserved—

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

7

Additional fee on the Judge 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 Judge as spent in such work, and by whom the fee is to be paid to be determined by the Court.

8

Preparatory and ancillary work and correspondence (if any) in relation to petition for faculty — not to exceed without the sanction of the Judge.

9

• (a) No fees are payable under paragraphs 5 and 6 to the members of the Court of Ecclesiastical Causes Reserved.

• (b) All other fees of the Registry in opposed cases are to be paid on the same scale as allowed for Court fees, from time to time, in the Supreme Court of Judicature.

• (c) "Judge" means the Chancellor or Presiding Judge of the Appellate Court.

• (d) References to Rules are to the Faculty Jurisdiction Rules 1992.

Signed

R. B. Gibson — A. K. L. Black — J. C. Broadhurst — +Peter Crediton — D. Lovelock — Dated this Twenty-Ninth day of September 1992.

Approved by the General Synod the

P. J. C. Mawer — Secretary-General — tenth day of November 1992.

Explanatory note

(This note is not part of the Order)

1 This Order prescribes new fees in relation to proceedings for Chancellors' and Archdeacons' faculties under the Care of Churches and Ecclesiastical Jurisdiction Measure 1991 and the Faculty Jurisdiction Rules 1992, both of which are intended to come into force on the same date as Table I of the Schedule to this Order (1st March 1993).

2 In addition, this Order increases the fees fixed by the Ecclesiastical Judges and Legal Officers (Fees) Order 1991 in relation to faculty and court proceedings which will remain applicable after the 1991 Measure and the 1992 Rules come into force, and also the fees in Tables II, III and IV of the 1991 Order (other than 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 fees in Tables II, III and IV will come into force on 1st January 1993.

Footnotes

[^f00001]: 1986 No. 2.

[^f00002]: S.I. 1991/1756.

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

[^f00004]: 1986 No. 3.

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