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You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> Ecclesiastical Judges and Legal Officers (Fees) Order 1988 No. 1273 URL: http://www.bailii.org/uk/legis/num_reg/1988/uksi_19881273_en.html |
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Statutory Instruments
ECCLESIASTICAL LAW, ENGLAND
FEES
(Approved by the General Synod)
Made
6th July 1988
Laid before Parliament
25th July 1988
Coming into force
1st January 1989
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 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 the carrying out by them of the duties of their offices specified in the Schedule.
2. The Fees established and set out in Items 1 to 5 and 8 to 12 of Table III of the Schedule to The Legal Officers Fees Order 1975(2) and Tables I and II of the Schedule to the Ecclesiastical Judges and Legal Officers (Fees) Order 1987(3) 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 any 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)Any 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 1988 and shall come into operation on the first day of January 1989.
J. R. Cumming-Bruce
A. Black
T. A. C. Coningsby
D. Lovelock
B. M. M. O'Connor
Dated this 27th day of May 1988
Approved by the General Synod the
W. D. Pattinson
Secretary-General
sixth day of July 1988
| Dean of the Arches, Vicar General or Chancellor | Registrar or other Officers by usage performing the duty | |
|---|---|---|
| £ | £ | |
1. Archdeacon's Certificate. Fee payable on application (rule 3(1)). | - | 13 |
2. Major Faculty (being matters enumerated by the Chancellor). Fees payable on lodging Petition (rule 4(1)). | 17 | 38 |
3. Minor Faculty (all other cases). Fees payable on lodging Petition (rule 4(1)) | 10 | 21 |
4. Additional fee where the Judge has ordered under rule 6A that the proceedings are to be determined upon consideration of written representations, such fee, and by whom it is to be paid, to be fixed by the Judge within the limits shown | 60-100 | 40-60 |
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 a further fee of | 17 | 25 |
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 a further fee of | 10 | 8 |
7. 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 | 120 | 57 |
(ii)if a case lasts a whole day or more than half | 200 | 115 |
(b)cases before the Court of Ecclesiastical Causes Reserved | ||
(i)if a case lasts half a day or less | - | 50 |
(ii)if a case lasts a whole day or more than half | - | 100 |
| ||
8. Preparatory & ancillary work and correspondence (if any) not to exceed without the sanction of the Chancellor or the Presiding Judge of the Appellate Court. | - | 18 |
Any other fees of the Registry in opposed cases are to be paid on the same scale as are allowed for Court fees, from time to time, in the Supreme Court of Judicature.
References to rules are references to The Faculty Jurisdiction Rules 1967 as amended by The Faculty Jurisdiction (Amendment) Rules 1987.
| Fee | |
|---|---|
1. Fee payable to Provincial Registrar for permission under Overseas and Other Clergy (Ministry and Ordination) Measure 1967 | £32 |
2. Annual fee for Vicar-General of the Province of Canterbury | £916 |
3. Annual fee for Vicar-General of the Province of York | £744 |
| Fee | ||
|---|---|---|
| £ | ||
1. Application under rule 3 to determine the Court to which appeals lies (except where application is made immediately after giving of judgement). To be paid to registrar by applicant on lodging application- | ||
| 42 | |
| 24 | |
2. Appeal under rule 4. To be paid to registrars by appellant on lodging notice of appeal- | ||
| 80 | |
| 40 | |
Plus, where appeal is to Court of Ecclesiastical Causes Reserved, a fee, to be fixed by registrar of Court of Ecclesiastical Causes Reserved, in respect of the cost of preparing five copies for the use of the members of the Court of the documents to be transmitted by the registrar of the diocese under rule 4(5)(b), the notice of appeal and the documents to be furnished by the appellant under rule 4(7). To be paid to registrar of Court of Ecclesiastical Causes Reserved by appellant when assessed by registrar. | ||
3. Petition for Review under rule 9. To be paid to registrar of Court of Ecclesiastical Causes Reserved by petitioner on lodging petition. | 80 | |
4. Interlocutory application under rule 11(2). To be paid to registrar of appellate court by applicant on lodging application. | 10 | |
5. Appeal under rule 11(6). To be paid to registrar of appellate court by appellant on lodging notice of appeal. | 10 |
References to rules are to the Ecclesiastical Jurisdiction (Faculty Appeals) Rules 1965.
The fees set out above are in addition to those set out in Table I.
Fee 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(5) (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.
Fee payable to the diocesan registrar to be calculated in accordance with the Solicitors' Remuneration Order 1972(6) and to be payable by the person making the search or extract or requesting the certified copy.
References to rules are to The Patronage (Benefices) Rules 1987.
(This note is not part of the Order)
1. This Order increases the fees fixed by the Ecclesiastical Judges and Legal Officers (Fees) Order 1987. It also fixes fees for cases where the chancellor orders a petition for a faculty to be disposed of on written representations, without an oral hearing, under the new procedure introduced by The Faculty Jurisdiction (Amendment) Rules 1987.
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 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.
7. Where road widening scheme is approved.
8. Where Chancellor so directs in case of unusual difficulty.
3. The Order also-
(a)replaces with a new table of fees the parts of Table III of the Schedule to The Legal Officers Fees Order 1975 which have not already been repealed; and
(b)provides for fees for certain duties of diocesan registrars under the Patronage (Benefices) Measure 1986.