Ecclesiastical Judges and Legal Officers (Fees) Order 1993

Made (Approved by the General Synod): 9th July 1993

Laid before Parliament: 22nd July 1993

Coming into force: 1st January 1994

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 1992[^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 1992 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 Valued 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 1993 and shall come into operation on the first day of January 1994.

SCHEDULE

TABLE 1 — FACULTY AND COURT FEES

1

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

2

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

3

Additonal 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.

TABLE II — FEES PAYABLE FOR PERMISSIONS UNDER THE OVERSEAS AND OTHER CLERGY (MINISTRY AND ORDINATION) MEASURE 1967 AND ANNUAL FEES PAYABLE TO THE VICARS-GENERAL

TABLE III — FEES PAYABLE IN CONNECTION WITH APPEALS IN FACULTY CASES

TABLE IV — FEES PAYABLE ON TAXATION OF COSTS IN DISCIPLINE AND FACULTY APPEAL CASES

TABLE V — FEES FOR DUTIES UNDER THE PATRONAGE (BENEFICES) RULES 1987

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 Measures 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

Signed

R.B. Gibson — A.K.L. Black — M.J. Colman — Peter Crediton — C.A. McLintock — Dated this 13th day of May 1993

Approved by the General Synod

P.J.C. Mawer — Secretary-General — the ninth day of July 1993

Explanatory note

(This note is not part of the Order)

This Order increases the fees fixed by the Ecclesiastical Judges and Legal Officers (Fees) Order 1992 in relation to faculty and court proceedings, and also the fees in Tables II, III and IV of the 1992 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 increased fees will come into force on 1st January 1994.

Footnotes

[^f00001]: 1986 No. 2.

[^f00002]: S.I. 1992/2883.

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

[^f00004]: 1986 No. 3.

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