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STATUTORY INSTRUMENTS


2005 No. 2018

ECCLESIASTICAL LAW, ENGLAND

FEES

The Legal Officers (Annual Fees) (No.2) Order 2005

  Made (Approved by the General Synod) 8th July 2005 
  Laid before Parliament 26th July 2005 
  Coming into force 1st January 2006 

We, the Fees Advisory Commission constituted in accordance with the provisions of section 4 of the Ecclesiastical Fees Measure 1986[1], in exercise of the powers conferred by section 5 do hereby order as follows:

Establishment of fees
     1. The Fees appearing in Schedule 1 to this Order are established. The Tables of that Schedule contain particulars of the Annual Fees which are to be received, after the commencement of this Order, by—

    (1) the legal officers named in Table I of that Schedule in respect of the carrying out by them of the duties of their offices specified in Schedule 2 to this Order, and

    (2) by the legal officers named in Part A of Table II of Schedule 1 in respect of the carrying out by them of the duties of their offices except the duties and professional services specified in Part B of Table II as not falling within the scope of the annual fee.

Payment of fees
    
2. The Fees established and set out in the second column of Table I of Schedule 1 to this Order are to be paid by the diocesan board of finance. The Fees established and set out in the third column of the said Table I and in Table II of that Schedule are the liability of the diocesan bishop or archbishop, subject to the provisions of section 8 of the Ecclesiastical Fees Measure 1986.

Revocation of 2005 Order
    
3. The Legal Officers (Annual Fees) Order 2005[2] is hereby revoked.

Duties of the diocesan registrar
     4. The diocesan registrar shall perform the duties and provide the professional services specified in Schedule 2 to this Order in consideration of the annual fee set out in Table I of Schedule 1 to this Order for his or her diocese and shall not be entitled to receive any other remuneration for such duties or services save as provided by this Order.

Supplementary annual fee
    
5. —(1) 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 payable under Table I of Schedule 1 to this Order.

    (2) An agreement made under sub-paragraph (1) above shall be expressed to be an agreement for a payment by way of supplementary annual fee.

    (3) An agreement made under sub-paragraph (1) 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 that three months' notice on either side.

    (4) The body responsible for paying a supplementary annual fee shall be the diocesan board of finance.

Travel, subsistence and accommodation
    
6. A fee specified in Schedule 1 to this Order shall be increased by a sum for reasonable expenses of travel, subsistence and accommodation.

Value Added Tax
    
7. Where Value Added Tax is chargeable in respect of the provision of any service for which a fee is prescribed in this Order (including any fee specified in paragraph 4 of Schedule 2 to this Order) there shall be payable in addition to that fee the amount of Value Added Tax.

Citation and commencement
    
8. —(1) This Order may be cited as the Legal Officers (Annual Fees) (No.2) Order 2005.

    (2) This Order shall have effect from the first day of January 2006.



Approved by the General Synod on


8th July 2005


J Laws

G F Tattersall

H M Morgan

M A Chamberlain

A Whittam Smith

T E Allen

David Williams
Clerk to the Synod

Church House, London

SCHEDULE 1

FEES ESTABLISHED BY THIS ORDER




TABLE I

ANNUAL FEES PAYABLE TO DIOCESAN REGISTRARS (SUBSTITUTED FOR TABLE I OF SCHEDULE 1 TO THE LEGAL OFFICERS (ANNUAL FEES) ORDER 2005)

Diocese Payable by Diocesan Board of Finance Liability of the Diocesan Bishop Total
           £ £ £
Bath and Wells 30,948 18,173 49,121
Birmingham 19,110 14,990 34,100
Blackburn 19,993 17,755 37,748
Bradford 14,060 18,548 32,608
Bristol 18,887 14,802 33,689
Canterbury 21,182 16,643 37,825
Carlisle 22,427 15,500 37,927
Chelmsford 34,197 19,985 54,182
Chester 24,785 16,814 41,599
Chichester 27,825 20,428 48,253
Coventry 17,572 17,433 35,005
Derby 20,951 17,158 38,109
Durham 20,624 18,012 38,636
Ely 22,174 17,309 39,483
Exeter 32,036 18,723 50,759
Gloucester 23,413 16,689 40,102
Guildford 16,779 17,586 34,365
Hereford 22,869 17,272 40,141
Leicester 21,693 15,086 36,779
Lichfield 30,843 19,558 50,401
Lincoln 35,696 14,481 50,177
Liverpool 19,985 17,685 37,670
London 32,826 21,316 54,142
Manchester 22,696 20,155 42,851
Newcastle 19,873 14,267 34,140
Norwich 36,760 15,171 51,931
Oxford 45,281 14,797 60,078
Peterborough 22,813 18,980 41,793
Portsmouth 12,951 18,854 31,805
Ripon and Leeds 17,964 15,447 33,411
Rochester 21,034 17,087 38,121
St Albans 25,416 18,605 44,021
St Edmundsbury and Ipswich 27,864 18,035 45,899
Salisbury 30,685 17,395 48,080
Sheffield 18,786 16,211 34,997
Southwark 24,394 21,531 45,925
Southwell 20,571 17,416 37,987
Truro 20,468 15,082 35,550
Wakefield 18,204 17,237 35,441
Winchester 23,670 18,292 41,962
Worcester 17,873 16,586 34,459
York 30,559 18,852 49,411



TABLE II

FEES PAYABLE TO PROVINCIAL REGISTRARS



PART A

FEES PAYABLE TO THE PROVINCIAL REGISTRARS (SUBSTITUTED FOR TABLE II OF SCHEDULE 1 TO THE LEGAL OFFICERS (ANNUAL FEES) ORDER 2005)

                      Fee

£

1. Annual fee for Joint Registrars of the Province of Canterbury 98,625
2. Annual fee for Registrar of the Province of York 47,440





PART B

DUTIES AND PROFESSIONAL SERVICES NOT FALLING WITHIN THE SCOPE OF THE ANNUAL FEE

Duties and professional services in connection with the following matters shall not fall within the scope of the annual fee payable to Provincial Registrars:

Advice or other work in connection with disciplinary proceedings against a clerk in Holy Orders which have been instituted under section 10 of the Clergy Discipline Measure 2003[
3] or in respect of any disciplinary matters arising under or in relation to that Measure including under sections 30 and 31.

A fee calculated in accordance with the Solicitors' (Non-Contentious Business) Remuneration Order 1994[4] shall be payable by the bishop, (except in relation to advice and other work for which a fee is payable under the Ecclesiastical Judges, Legal Officers and Others (Fees) Order for the time being in force made under section 6 of the Ecclesiastical Fees Measure 1986).



SCHEDULE 2

THE SCOPE OF THE ANNUAL FEE


Professional services to be provided by the diocesan registrar
     1. Subject to the restrictions contained in paragraphs 2 and 3 hereof, the professional services provided by the diocesan registrar in respect of the annual fee paid to him or her under this Order shall include —

    (1) Giving of advice to the Diocesan Bishop, Suffragan Bishops, Archdeacons, Chairmen of the Houses of the Diocesan Synod, Rural Deans and Lay Chairmen of Deanery Synods, Incumbents and all other clergymen, beneficed or licensed in the diocese, on any legal matter properly arising in connection with the discharge of their respective ecclesiastical or synodical offices, and giving of advice to chairmen and secretaries of diocesan boards, councils and committees on any legal matter properly arising in connection with the business of the respective boards, councils and committees;

    (2) Acting as Registrar to the Diocesan Synod and attendance at its meetings;

    (3) Attendance at the Bishop's Council and Standing Committee if required by that Committee;

    (4) Occasional attendance at meetings of diocesan boards, councils and committees for the purpose of giving advice on specific matters;

    (5) Maintaining of all such records of the diocese as are customarily kept by the diocesan registrar including the making of entries therein, and the making of searches and reports on matters recorded in the Registry or in documents held in the diocesan muniment room at the request of persons or bodies referred to in sub-paragraphs (1) and (6) hereof;

    (6) Giving of advice to churchwardens and secretaries of PCCs on any legal matter properly arising in connection with their duties or official business;

    (7) Giving of advice to any person concerned in or with the administration of an election under the Church Representation Rules on any question properly arising under those Rules;

    (8) Giving of advice to a bona fide enquirer concerning the law of marriage, baptism, confirmation and burial of the dead according to the rites and ceremonies of the Church of England;

    (9) Giving of advice to persons considering or proposing to make an application for a legal aid certificate for financial assistance from the ecclesiastical legal aid fund maintained under section 1 of the Church of England (Legal Aid) Measure 1994;

    (10) Acting as Registrar to the Consistory Court of the diocese except in so far as a separate fee is prescribed by Order made under the Ecclesiastical Fees Measure 1986 or except in so far as this Order provides that a fee calculated in accordance with the Solicitors' (Non-Contentious Business) Remuneration Order 1994 is payable;

    (11) Attendance at episcopal visitations (other than visitations by the Diocesan Bishop of the Cathedral Church of the diocese);

    (12) Drafting and preparing, approving, engrossing and registering all notices, licences, consents, permissions, instruments and other documents required by law or customarily used in connection with the following matters —

    (13) Acting in relation to the following matters on the instructions of the Diocesan Bishop, Suffragan Bishops, Archdeacons or on the instructions of a diocesan board or council whose business properly includes such matters—

    (14) Work in connection with the following matters—

Restrictions on the provisions of paragraph 1
     2. The provisions of paragraph 1 hereof shall be restricted as follows—

    (1) Where the Registrar receives a request for advice on any matter properly falling within paragraph 1 sub-paragraphs (1), (5), (6), (7) and (8)—

    (2) The Registrar shall not be required to attend meetings of diocesan boards, councils and committees except upon an occasional basis to give legal advice on specific matters. (The Registrar may attend such meetings regularly to give general advice and assistance if requested to do so by the board, council or committee in question and in that case he or she shall be entitled to be separately remunerated for this work.)

Advice or assistance given to the Diocesan Bishop, Suffragan Bishops or Archdeacons
     3. The provisions of paragraph 2(1) hereof shall not apply to advice and assistance given as legal secretary or diocesan registrar to the Diocesan Bishop, or as diocesan registrar to Suffragan Bishops or Archdeacons.

Work not falling within the scope of the annual fee
     4. For the avoidance of doubt work in connection with the following matters shall not fall within the scope of the annual fee but a fee calculated in accordance with the Solicitors' (Non-Contentious Business) Remuneration Order 1994 shall be payable—

    (1) Conveyancing and drafting of documents other than those referred to in paragraph 1 sub-paragraphs (12) and (13) hereof;

    (2) Matters relating to individual diocesan, parochial or educational trusts or to individual pieces of diocesan glebe property;

    (3) Litigation;

    (4) Acting as secretary to the Vacancy in See Committee constituted under The Vacancy in See Committees Regulation 1993 (as amended) on a vacancy in the see of the Diocesan Bishopric;

    (5) Deposition or deprivation consequent upon proceedings in secular courts, including the following—

    (6) Advice or other work in connection with proceedings against a clerk in Holy Orders under the Ecclesiastical Jurisdiction Measure 1963 in respect of an ecclesiastical offence which have been instituted under that Measure or are under consideration or in connection with an allegation of such an offence which is under investigation with the knowledge and approval of the bishop (excluding advice and other work for which a fee is payable under the Ecclesiastical Judges, Legal Officers and Others (Fees) Order for the time being in force made under section 6 of the Ecclesiastical Fees Measure 1986). (The fee is payable by the bishop.)

    (7) Advice or other work in connection with disciplinary proceedings against a clerk in Holy Orders which have been instituted under section 10 of the Clergy Discipline Measure 2003 or in respect of any disciplinary matters arising under or in relation to that Measure including under sections 30 and 31. (The fee is payable by the bishop.)

    (8) Advice or other work in connection with the revocation by reason of misconduct of a licence granted by the bishop to a Clerk in Holy Orders, deaconess or lay worker or reader to minister in the diocese, or in connection with a revocation of such a licence which is under consideration or with an allegation of misconduct by such a person which might lead to such a revocation and which is under investigation with the knowledge and approval of the bishop. (The fee is payable by the bishop.)

    (9) Advice to the diocesan bishop or other work carried out at his request in connection with proceedings or possible future proceedings under the Incumbents (Vacation of Benefices) Measures 1977 and 1993 in a case where notice has been given to the bishop under section 1A(1A) of the Incumbents (Vacation of Benefices) Measure 1977 or the giving of such notice is under consideration. (The fee is payable by the bishop.)

    (10) Pronouncing of censure under section 31 of the Ecclesiastical Jurisdiction Measure 1963 with the consent of the accused (the fee is payable by the bishop);

    (11) Work undertaken on behalf of a person who is not an official in the diocese or on behalf of a body which is not a diocesan board or council in connection with the following matters—

    (12) Removal of the legal effects of consecration under section 22 of the Care of Churches and Ecclesiastical Jurisdiction Measure 1991;

    (13) Work carried out in relation to the register of patrons under Part I of the Patronage (Benefices) Measure 1986 where a fee calculated in accordance with the Solicitors' (Non-Contentious Business) Remuneration Order 1994 is payable under the Ecclesiastical Judges, Legal Officers and Others (Fees) Order for the time being in force made under section 6 of the Ecclesiastical Fees Measure 1986;

    (14) Acting as Chapter Clerk (whether or not the Diocesan Registrar holds the office of Chapter Clerk) and in particular doing the following work, namely work in connection with the following matters—

(These fees are payable out of Cathedral Revenues);

    (15) Attendance at and work in connection with any visitation by the Diocesan Bishop of the Cathedral Church of the Diocese and in connection with any action taken or proposed to be taken by the Diocesan Bishop under the Care of Cathedrals (Supplementary Provisions) Measure 1994.

Disbursements
     5. If any disbursements other than expenses specified in paragraph 6 of this Order are incurred in the course of providing any of the professional services in paragraph 1 above the diocesan registrar shall be entitled to charge for them separately.



EXPLANATORY NOTE

(This note is not part of the Order)


This Order applies an increase of 4.05% (a weighted inflationary formula of 25% RPI and 75% AEI (3.0% and 4.4% respectively in 2004) to the total of annual fees for diocesan registrars fixed by the Legal Officers (Annual Fees) Order 2005. The increased total is then apportioned as to each registrar's individual fee according to a formula based on the number of parishes and stipendiary clergy in each diocese.

The Order also fixes new annual fees for the provincial registrars.

The Order provides that duties and professional services undertaken by registrars and provincial registrars in connection with the Clergy Discipline Measure 2003 shall not fall within the scope of this annual fee but will be calculated in accordance with the Solicitors (Non-Contentious Business) Remuneration Order 1994.

The Order will have effect from 1st January 2006.


Notes:

[1] 1986 No. 2; amended by the Care of Churches and Ecclesiastical Jurisdiction Measure 1991 (1991 No. 1), Schedule 6, the Church of England (Miscellaneous Provisions) Measure 1995 (1995 No. 2), section 14, the Care of Places of Worship Measure 1999 (1999 No. 2), Schedule 2 and the Church of England (Miscellaneous Provisions) Measure 2000 (2000 No. 1), section 16.back

[2] S.I. 2005/336.back

[3] 2003 No. 3back

[4] S.I. 1994/2616back



ISBN 0 11 073129 8


 © Crown copyright 2005

Prepared 26 July 2005


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