LegalizeThe Ecclesiastical Judges, Legal Officers and Others (Fees) Order 2013
Made: 5th July 2013
Laid before Parliament: 2nd August 2013
Coming into force: 1st January 2014
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Citation, commencement and interpretation
1
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Fees payable
2
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Revocation of 2012 Order
3
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Supplementary annual fee
4
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Travel, subsistence, accommodation and court hearings
5
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Value Added Tax
6
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SCHEDULE
Fees payable under this Order
1
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Faculty fees payable to the diocesan board of finance
2
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Fees for duties under the Patronage (Benefices) Rules 1987
3
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Fees for elections to the General Synod
4
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NOTES
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The fees set out above are additional to those set out in Table 1.
| Judge | Registrar | ||
|---|---|---|---|
| £ | £ | ||
| 1. | Fees payable on the Judge or Court giving directions (otherwise than at the hearing in respect of which fees are payable under paragraph 2 of this Table), such fees to be fixed by the Judge within the limits shown. | 42–321 | 33–211 |
| 2. | Fees payable where the issue, whether interlocutory or final, is heard in Court or in Chambers— | ||
| (a) if the hearing lasts half a day or less | 332 | 252 | |
| (b) if the hearing lasts a whole day or more than a half | 561 | 420 | |
| (fees on same scale for subsequent days). | |||
| 3. | Fee on the Judge 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 as spent on such work.. | 53 | – |
| 4. | On an appeal to the Arches Court of Canterbury, the Chancery Court of York or the Court of Ecclesiastical Causes Reserved, a fee, to be fixed by the Judge and paid to the registrar of the appellate court, in respect of the cost of preparing for the use of the members of the Court five copies of the following documents— | ||
| (a) the notice of appeal; | |||
| (b) the record of the proceedings at first instance and any other documents and exhibits transmitted by the registrar of the court of first instance to the registrar of the appellate court; | |||
| (c) the note by the judge of the proceedings at first instance and any transcript of the judgment or any other part of the proceedings; | |||
| (d) all other documents required for the use of the Court. | |||
| 5. | Fee in respect of all other work carried out by the registrar in his or her capacity as such, in relation to proceedings to which this Table applies, on or after the date on which the proceedings were instituted in accordance with the Ecclesiastical Jurisdiction Measure 1963 or on which a person was authorised to act as complainant in accordance with that Measure (including preparatory and ancillary work and correspondence) – the fee to be calculated at an hourly rate fixed by the Judge in respect of the number of hours certified by the registrar and approved by the Judge as spent on such work.. | ||
| 6. | (a) Subject to sub-paragraph (b) below, paragraphs 1-3 above apply to the Consistory Court, the Arches Court of Canterbury, the Chancery Court of York and the Court of Ecclesiastical Causes Reserved. | ||
| (b) “Judge” means the Chancellor or other presiding Judge of any Court concerned, provided that no fees are to be payable under this Table to any member of the Court of Ecclesiastical Causes Reserved. | |||
| (c) “Registrar” means the registrar of the Consistory Court, the Arches Court of Canterbury, the Chancery Court of York or the Court of Ecclesiastical Causes Reserved. | |||
| (d) Subject to any other order or direction by any Court concerned, fees under this Table are to be paid in accordance with section 62 of the Ecclesiastical Jurisdiction Measure 1963 as if they were costs or expenses to which that section applies. | |||
| Judge | Registrar | ||
| --- | --- | --- | --- |
| £ | £ | ||
| 1. | Fees payable on the Judge, Registrar of Tribunals, Provincial Registrar or Court giving directions (otherwise than at the hearing in respect of which fees are payable under paragraph 2 of this Table), such fees to be fixed by the Judge within the limits shown. | 42–321 | 33–211 |
| 2. | Fees payable for a hearing conducted by telephone, in camera or in public, whether interim, final or in relation to penalty or the removal of a penalty — | ||
| (a) if the hearing lasts half a day or less | 326 | 252 | |
| (b) if the hearing lasts a whole day or more than a half | 561 | 420 | |
| (fees on same scale for subsequent days). | |||
| 3. | Fee on the Judge, Registrar of Tribunals or Provincial Registrar 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, Registrar of Tribunals or Provincial Registrar as spent on such work.. | 53 | 39 |
| 4. | Fee in respect of all other work carried out by the Registrar of Tribunals or Provincial Registrar in relation to proceedings to which this Table applies, on or after the date on which the proceedings were instituted in accordance with the Clergy Discipline Measure 2003 – the fee to be calculated at an hourly rate fixed by the Judge in respect of the number of hours certified by such registrar and approved by the Judge as spent on such work.. | ||
| 5. | (a) Paragraphs 1-3 above apply to the bishop’s disciplinary tribunal, the Courts of the Vicars-General, the Arches Court of Canterbury, and the Chancery Court of York. | ||
| (b) “Judge” means the person presiding over any tribunal or Court concerned and includes when so presiding the President of Tribunals, the Deputy President of Tribunals, the Dean of the Arches and Auditor and the Vicars-General. | |||
| (c) Subject to any other order or direction by any tribunal or Court concerned, fees under this Table are to be paid in accordance with section 62 of the Ecclesiastical Jurisdiction Measure 1963 as if they were costs or expenses to which that section applies. | |||
| Fee | |||
| --- | --- | --- | |
| £ | |||
| 1. | To be paid to registrar by party applying for taxation on lodging application. | 30 | |
| 2. | To be paid to registrar by party applying on taxation of a bill of costs— | ||
| (a) where the amount allowed does not exceed £1,000 | 50 | ||
| (b) where the amount allowed exceeds £1,000 | |||
| (i) for the first £1,000 | 50 | ||
| (ii) for every £20 or fraction thereof over £1,000. | 0.50 |
NOTE
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NOTE
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Signed
J Alpass — H Dellar — C Fletcher — M Goddard — J Jones — J Rees — E Renshaw — G Tattersall — S Trott — The Fees Advisory Commission — 5th July 2013
This Order was approved by the General Synod on 5th July 2013
J Phillips — Clerk to the Synod
Explanatory note
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Footnotes
[^f00001]: 1986 No 2; relevant amendments were made by the Care of Churches and Ecclesiastical Jurisdiction Measure 1991 (1991 No 1), the Church of England (Miscellaneous Provisions) Measure 1995 (1995 No 2), S.I. 1998/1715, the Care of Places of Worship Measure 1999 (1999 No 2) and the Ecclesiastical Fees (Amendment) Measure 2011 (2011 No 2),
[^f00002]: 15 & 16 Geo. 5 No. 3; relevant amendments were made by the Synodical Government Measure 1969 (1969 No 2).
[^f00003]: S.I. 2012/1846
[^f00004]: S.I. 1987/773.
[^f00005]: 1986 No 3.
[^f00006]: S.I. 2009/1931.
[^f00007]: 2011 No 1.
[^f00008]: 1963 No 1 (relevant amendments were made by the Care of Churches and Ecclesiastical Jurisdiction Measure (1991 No 1)).
[^f00009]: 1999 No 2.
[^f00010]: S.I. 2000/2047.
[^f00011]: S.I. 2000/2048.
[^f00012]: 2003 No 3
[^f00013]: 1967 No 3
[^f00014]: 2011 No 1.
Editorial notes
[^key-b33af92c8779b9c98005c4417ff927f8]: Order revoked (1.1.2015) by The Ecclesiastical Judges, Legal Officers and Others (Fees) Order 2014 (S.I. 2014/2072), arts. 1(2), 3 (with art. 4)
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