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The Legal Officers (Annual Fees) Order 2021

Consolidated Text As Enacted Cited authorities 25 Cited in Related
Vincent

2021 No. 844

Ecclesiastical Law, England

The Legal Officers (Annual Fees) Order 2021

Made 26th May 2021

Laid before Parliament 27th July 2021

Coming into force 1st January 2022

In accordance with section 86(11) of the Ecclesiastical Jurisdiction and Care of Churches Measure 20181this Order has been laid before, and approved by, the General Synod.

The Fees Advisory Commission, in exercise of the powers conferred by section 86(3) of that Measure, makes the following Order:

S-1 Citation, commencement and interpretation

Citation, commencement and interpretation

1.—(1) This Order may be cited as the Legal Officers (Annual Fees) Order 2021.

(2) This Order comes into operation on 1st January 2022.

(3) In this Order—

(a)

(a) “diocesan board of finance”, in relation to a diocese, means the board of that name constituted under the Diocesan Boards of Finance Measure 19252; and

(b)

(b) “the Measure” means the Ecclesiastical Jurisdiction and Care of Churches Measure 2018.

S-2 Annual fees

Annual fees

2. Schedule 1 sets out the annual fees payable—

(a) to diocesan registrars in respect of the duties of their office specified in Schedule 2; and

(b) to provincial registrars in respect of the duties of their office, except the duties and professional services specified in Part B of Table 2 in Schedule 1.

S-3 Payment of fees

Payment of fees

3.—(1) The fees set out in the second column of Table 1 of Schedule 1 are to be paid by the diocesan board of finance.

(2) The fees set out in the third column of Table 1 and in Table 2 of Schedule 1 are to be paid by the diocesan bishop or archbishop3.

S-4 Revocation of 2019 Order

Revocation of 2019 Order

4. The Legal Officers (Annual Fees) Order 20204is revoked.

S-5 Duties of the diocesan registrar

Duties of the diocesan registrar

5. A diocesan registrar is not entitled to receive any additional remuneration for the duties specified in Schedule 2 except as provided in article 6.

S-6 Supplementary annual fee

Supplementary annual fee

6.—(1) Subject to paragraph (2), nothing in this Order precludes a diocesan board of finance from agreeing to pay any sum to a diocesan registrar by way of annual fee or retainer which is additional to the annual fee payable under Table 1 of Schedule 1.

(2) Any such agreement must—

(a)

(a) be in writing;

(b)

(b) be expressed to be an agreement made in accordance with this article; and

(c)

(c) state the period for which it is to run, or, if no such period is stated, remain binding until determined by not less than three months’ notice on either side.

S-7 Travel, subsistence and accommodation

Travel, subsistence and accommodation

7. A fee specified in Schedule 1 is to be increased by a sum for reasonable expenses of travel, subsistence and accommodation.

S-8 Value Added Tax

Value Added Tax

8. 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) the amount of Value Added Tax chargeable is payable in addition to that fee.

J. Alpass

A. Spriggs

J. Munro

W.E. Husselby

J.R. Jones

+D. Williams

L.M. Connacher

G. Tattersall

C. Smith

Fees Advisory Commission

Church House, London

26th May 2021

A. S. McGregor

Registrar of the General Synod

SCHEDULE 1

Article 2

Fees payable under this Order

1 Annual fees payable to diocesan registrars in respect of 2022

TABLE 1

Annual fees payable to diocesan registrars in respect of 2022

Diocese

Payable by diocesan board of finance

Liability of the diocesan bishop

Total

£

£

£

Bath and Wells

68,982

40,508

109,490

Birmingham

42,406

33,262

75,668

Blackburn

45,275

40,208

85,483

Bristol

42,447

33,264

75,711

Canterbury

47,321

37,181

84,502

Carlisle

49,944

34,518

84,462

Chelmsford

76,058

44,451

120,509

Chester

55,610

37,726

93,336

Chichester

62,606

45,963

108,569

Coventry

39,701

39,388

79,089

Derby

46,969

38,466

85,435

Durham

43,576

38,059

81,635

Ely

48,608

37,944

86,552

Exeter

71,881

42,011

113,892

Gloucester

52,492

37,417

89,909

Guildford

38,820

40,690

79,510

Hereford

51,126

38,613

89,739

Leeds

61,268

62,221

123,489

Leicester

49,605

34,495

84,100

Lichfield

69,494

44,066

113,560

Lincoln

81,211

32,946

114,157

Liverpool

42,913

37,976

80,889

London

81,163

52,704

133,867

Manchester

47,513

42,194

89,707

Newcastle

45,484

32,654

78,138

Norwich

83,326

34,389

117,715

Oxford

110,948

36,256

147,204

Peterborough

49,796

41,429

91,225

Portsmouth

29,407

42,809

72,216

Rochester

47,149

38,301

85,450

St Albans

58,001

42,459

100,460

St Edmundsbury and Ipswich

59,676

38,626

98,302

Salisbury

70,953

40,222

111,175

Sheffield

40,992

35,371

76,363

Southwark

58,442

51,583

110,025

Southwell and Nottingham

44,825

37,953

82,778

Truro

46,823

34,504

81,327

Winchester

50,781

39,242

90,023

Worcester

41,829

38,815

80,644

York

70,182

43,297

113,479
2 Annual fees payable to provincial registrars in respect of 2022

TABLE 2

Annual fees payable to provincial registrars in respect of 2022

PART A

Fees payable

Fee

£

1.

Annual fee for joint registrars of the province of Canterbury

171,588

2.

Annual fee for joint registrars of the province of York

104,760

PART B

Duties and professional services not falling within the scope of the annual fee

SCH-1.1

1.—(1) Duties and professional services in connection with the matters mentioned in sub-paragraph (2) do not fall within the scope of the annual fee payable to provincial registrars.

(2) The matters referred to in sub-paragraph (1) are 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 20035or in respect of any disciplinary matters arising under or in relation to that Measure including under sections 30 and 31.

SCHEDULE 2

Article 2

The scope of the annual fee

SCH-2.1

1. Professional services to be provided by the diocesan registrar

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

(a) giving advice to the diocesan bishop, suffragan bishops, archdeacons, chairs of the houses of the diocesan synod, rural deans, lay chairs and secretaries of deanery synods, incumbents and all other clergy, 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 chairs 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;

(b) acting as registrar to the diocesan synod and attendance at its meetings;

(c) attendance at the bishop’s council and standing committee if required by that committee;

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

(e) maintaining all such records of the diocese as are customarily kept by the diocesan registrar including the making of entries in those records, 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 paragraphs (a) and (f);

(f) giving advice to churchwardens and secretaries of parochial church councils on any legal matter properly arising in connection with their duties or official business;

(g) giving 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;

(h) giving 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;

(i) giving advice to persons considering or proposing to make an application for a legal aid certificate for financial assistance from the Legal Aid Fund maintained under section 1 of the Church of England (Legal Aid) Measure 19946;

(j) 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 Measure or except in so far as this Order provides that a fee calculated in accordance with the Solicitors’ (Non-Contentious Business) Remuneration Order 20097is payable;

(k) attendance at episcopal visitations (other than visitations by the diocesan bishop of the cathedral church of the diocese);

(l) 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—

(i) ordination;

(ii) certification of ordination;

(iii) presentation to a benefice;

(iv) commission for institution or collation;

(v) admission to freehold office;

(vi) certification of institution or collation;

(vii) licensing of non-residence, for legalising house of residence;

(viii) resignation (other than resignation of an incumbent);

(ix) admission to office of rector under the Mission and Pastoral Measure 20118;

(x) licensing under that Measure of a vicar in a team ministry;

(xi) designation under that Measure of a parish centre of worship under Part 5 of that Measure for the purposes of the Marriage Act 19499and other purposes;

(xii) licensing of clerks in holy orders and deaconesses;

(xiii) delegation by bishop of archidiaconal powers under the Church of England (Miscellaneous Provisions) Measure 198310;

(xiv) delegation by bishop of episcopal powers under the Dioceses, Pastoral and Mission Measure 200711;

(xv) episcopal visitations (other than visitations by the diocesan bishop of the cathedral church of the diocese);

(xvi) matters relating to sequestrations;

(xvii) provision of agreements to form a conventional district;

(xviii) consent to hold preferment under the Ecclesiastical Jurisdiction Measure 196312;

(xix) licensing of unconsecrated church or...

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