The Ecclesiastical Judges and Legal Officers (Fees) Order 1996

Link to law: http://www.legislation.gov.uk/uksi/1996/3085/made/data.htm?wrap=true

Statutory Instruments
1996 No. 3085

ECCLESIASTICAL LAW, ENGLAND
FEES
The Ecclesiastical Judges and Legal Officers (Fees) Order 1996

Made (Approved by the General Synod)
25th November 1996

Laid before Parliament
10th December 1996

Coming into force
1st January 1997

We, the Fees Advisory Commission constituted in accordance with the provisions of section 4 of the Ecclesiastical Fees Measure 1986(1), 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 Tables of the Schedule to the Ecclesiastical Judges and Legal Officers (Fees) Order 1995(2). 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 1995 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 shall be increased by a sum for reasonable expenses of travel, subsistence, accommodation and the holding of court hearings.

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 1996 and shall come into operation on the first day of January 1997.

R B Gibson
M J Colman
C A McLintock
G F Tattersall
D J V Wright
Dated this 10th day of October 1996

Approved by the General Synod the 25th day of November 1996

P J C Mawer
Secretary-General

SCHEDULE

TABLE 1FACULTY AND OTHER FEES

Except where the contrary intention appears, this Table and Table II apply to the following proceedings —
(1) Faculty petitions and other faculty proceedings (including appeals);
(2) Proceedings for an injunction or a restoration order under section 13(4) and (5) of the Care of Churches and Ecclesiastical Jurisdiction Measure 1991 (including appeals); and
(3) Proceedings under section 4 of the Care of Cathedrals (Supplementary Provisions) Measure 1994(3) (including appeals).

Dean of the Arches, Vicar General or Chancellor £
Registrar or other Officers by usage performing the duty £

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


40

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

29
64

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.

101 – 158
65 – 95

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

29
24

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 18 —

(i)directions given by Judge

60 – 182,
40 – 121

(ii)directions given by registrar


60 – 182

(b)on the giving of other directions —

(i)directions given by Judge or Court

25 – 73
16 – 48

(ii)directions given by registrar


25 – 73

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 or York, or the Court of Ecclesiastical Causes Reserved —

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

189
144

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

(fees on the same scale for subsequent days)

318
239

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.

31


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


29

9.—(a) No fees are payable under paragraphs 5, 6 and 7 to the 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 1963(4))—

(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)References to Rules are to the Faculty Jurisdiction Rules 1992(5).



TABLE IIADDITIONAL FEES PAYABLE IN CONNECTION WITH APPEALS

Fee £

NOTES:

(a)
References to rules are to the Ecclesiastical Jurisdiction (Faculty Appeals) Rules 1965(6).

(b)
The fees set out above are in addition to those set out in Table I.

1.  Application under rule 3 to determine the Court to which appeal lies (except where the application is made immediately after giving of judgment). To be paid to the registrar by the applicant on lodging the application —

for chancellor

67

for registrar

37

2.  Appeal from decision of the Consistory Court or Vicar-General’s Court. To be paid to the registrars by the appellant on lodging the notice of appeal —

to the registrar of the court of first instance

126

to the registrar of the appellate court

65

Plus a fee, to be fixed by the registrar of the appellate court, in respect of the cost of preparing for the use of the members of the court five copies (in the case of the Court of Ecclesiastical Causes Reserved) or three copies (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 1963) of the following documents —

(i)
the notice of appeal;

(ii)
any certificate given by the chancellor under rule 3;

(iii)
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;

(iv)
the note by the judge of the proceedings at first instance and any transcript of the judgment or any other part of the proceedings;

to be paid to the registrar of the appellate court by the appellant when assessed by the registrar.

3.  Petition for Review under rule 9. To be paid to the registrar of the Court of Ecclesiastical Causes Reserved by the petitioner on lodging petition.

126

4.  Interlocutory application. To be paid to the registrar of the appellate court by the applicant on lodging the application.

16

5.  Appeal against the decision of the registrar of the appellate court on an interlocutory application. To be paid to the registrar of appellate court by the appellant on lodging notice of appeal.

16

TABLE IIIFEES FOR PROCEEDINGS IN RESPECT OF ECCLESIASTICAL OFFENCES

This Table applies to proceedings (including proceedings authorised to be taken and appeals) of the descriptions specified in sections 6(i)(a) or 10(i)(a) of the Ecclesiastical Jurisdiction Measure 1963.


Judge £
Registrar £

1.  Fees payable on the Judge or Court giving directions (otherwise than at a 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.

25 – 182
16 – 121

2.  Fees payable where the issue, whether interlocutory or final, is heard in Court or in Chambers —

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

189
144

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

(fees on same scale for subsequent days)

318
239

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.

31


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 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 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 or as if they were costs or expenses to which that section applies.



TABLE IVFEES PAYABLE ON TAXATION OF COSTS

Fee £

1.  To be paid to registrar by party applying for taxation on lodging application.

14

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

TABLE VFEES PAYABLE FOR PERMISSIONS UNDER THE OVERSEAS AND OTHER CLERGY (MINISTRY AND ORDINATION) MEASURE 1967(7) AND ANNUAL FEES PAYABLE TO THE VICARS-GENERAL

Fee £

NOTE:

These fees are the liability of the Archbishop,, subject to the provisions of section 8 of the Ecclesiastical Fees Measure 1986.

1.  Fee payable to the Provincial Registrar for permission under the Overseas Clergy (Ministry and Ordination) Measure 1967.

51

2.  Annual fee for the Vicar-General of the Province of Canterbury.

1,453

3.  Annual fee for the Vicar-General of the Province of York.

1,180

TABLE VIFEES FOR DUTIES UNDER THE PATRONAGE (BENEFICES) RULES 1987(8)

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(9) (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 the calculated in accordance with the Solicitors' (Non-Contentious Business) Remuneration Order 1994(10) 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 VIIFEES FOR ELECTIONS TO THE GENERAL SYNOD

Fees for duties required to be performed as presiding officer at elections to the Lower Houses of the Convocations or to the House of Laity of the General Synod, payable to the diocesan registrar where he acts as presiding officer.
Such fees, or fees calculated on such basis, as may be agreed from time to time between the diocesan registrar and the diocesan board of finance.

Explanatory Note

(This note is not part of the Order)
This Order increases the fees fixed by Table I of the Ecclesiastical Judges and Legal Officers (Fees) Order 1995 (“the 1995 Order”) in relation to faculty proceedings, proceedings for an injunction or a restoration order under section 13(4) and (5) of the Care of Churches and Ecclesiastical Jurisdiction Measure 1991 (including appeals), and proceedings under section 4 of the Care of Cathedrals (Supplementary Provisions) Measure 1994 (including appeals).
The Order also increases the additional fees for appeals fixed by Table II of the 1995 Order. The fees for taxation of costs in Table IV (replacing Table III of the 1995 Order) remain unchanged.
Table III makes fresh provision for fees for proceedings in respect of ecclesiastical offences under the Ecclesiastical Jurisdiction Measure 1963, including provision for all cases where proceedings have been instituted under that Measure or where a person has been authorised to lay a complaint under the Measure, and appeals. (This replaces the provision made for proceedings in respect of ecclesiastical offences by Tables I and II of the 1995 Order.)
The Order also increases the fees payable to the provincial registrars and the Vicars-General under Table V (replacing Table IV of the 1995 Order). Table VI, which provides for certain fees for duties under the Patronage (Benefices) Measure 1986 to be calculated in accordance with the Solicitors' (Non-Contentious Business) Remuneration Order 1994, and Table VII, which provides for certain fees for elections to the General Synod, or the basis on which they are to be calculated, to be agreed between the diocesan registrar and the diocesan board of finance, remain as in the 1995 Order (where they appeared as Tables V and VI).
The revised fees and other provisions will come into force on 1st January 1997.


(1)
1986 No. 2; amended by the Care of Churches and Ecclesiastical Jurisdiction Measure 1991 (1991 No. 1), Schedule 6, and the Church of England (Miscellaneous Provisions) Measure 1995 (1995 No. 2), section 14.

(2)
S.I. 1995/1961.

(3)
1994 No. 2.

(4)
1963 No. 1. Section 47 was amended by the Care of Churches and Ecclesiastical Jurisdiction Measure 1991, Schedule 4 paragraph 8.

(5)
S.I. 1992/2882.

(6)
S.I. 1965/251.

(7)
1967 No. 3.

(8)
S.I. 1987/773.

(9)
1986 No. 3.

(10)
S.I. 1994/2616.
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