Ecclesiastical Fees Measure 1986

JurisdictionUK Non-devolved
Citationmeasure 1986 No. 2


Ecclesiastical Fees Measure1986

A Measure passed by the General Synod of the Church of England to make further provision with respect to ecclesiastical fees and for purposes connected therewith.

[18th March 1986]

I

Part I

Parochial Fees

Parochial Fees

S-1 Preparation of draft Parochial Fees Orders.

1 Preparation of draft Parochial Fees Orders.

(1) The Church Commissioners may prepare a draft of an order (to be known as a ‘Parochial Fees Order’) which prescribes the amount of the parochial fees to be paid to the persons specified in that order in relation to the matters so specified.

(2) A draft order prepared under subsection (1) above may contain such incidental provisions as the Church Commissioners consider necessary or desirable.

S-2 Procedure for making Parochial Fees Orders.

2 Procedure for making Parochial Fees Orders.

(1) Every draft Parochial Fees Order shall be laid before the General Synod and if it is approved by the General Synod, whether with or without amendment, the draft order as so approved shall be referred to the Church Commissioners.

(2) Where a draft order is referred to the Church Commissioners under subsection (1) above then—

( a ) if it has been approved by the General Synod without amendment, the Church Commissioners shall, by applying their seal, make the order;

( b ) if it has been approved by the General Synod with amendment, the Church Commissioners may either—

(i) by applying their seal make the order as so amended, or

(ii) withdraw the draft order for further consideration in view of any amendment made by the General Synod;

and a Parochial Fees Order shall not come into force until it has been sealed by the Church Commissioners.

(3) Where the Standing Committee of the General Synod determines that a draft Parochial Fees Order does not need to be debated by the General Synod, then, unless—

( a ) notice is given by a member of the General Synod in accordance with its Standing Orders that he wishes the draft order to be debated, or

( b ) notice is so given by any such member that he wishes to move an amendment to the draft order and at least twenty-five other members of the Synod indicate when the amendment is called that they wish the amendment to be moved.

the draft order shall for the purposes of subsections (1) and (2) above be deemed to have been approved by the General Synod without amendment.

(4) The Statutory Instruments Act 1946 shall apply to a Parochial Fees Order sealed by the Church Commissioners under subsection (2) above as if it were a statutory instrument and were made when sealed by the Commissioners and as if this Measure were an Act providing that any such order shall be subject to annulment in pursuance of a resolution of either House of Parliament.

S-3 Provisions as to persons to whom parochial fees are to be paid.

3 Provisions as to persons to whom parochial fees are to be paid.

(1) During a vacancy in a benefice parochial fees which, but for the vacancy, would be paid to the incumbent of the benefice shall be paid to the diocesan board of finance or to such other person as the said board, after consultation with the bishop, may direct.

(2) Where a licence of a chapel includes a provision fixing a fee for the solemnization of a marriage or any other matter for which a parochial fee is prescribed by a Parochial Fees Order then, notwithstanding anything in the licence, the fee to be paid in respect of that matter shall be the fee prescribed by the order, but any provision of the licence as to the person to whom the fee in respect of that matter is to be paid shall continue to apply and where the licence provides for the fee to be paid to two or more persons the fee prescribed by the order shall be payable to those persons in the same proportions as under the provisions of the licence.

II

Part II

Ecclesiastical Judges' and Legal Officers' Fees

Ecclesiastical Judges' and Legal Officers' Fees

S-4 Constitution of Fees Advisory Commission.

4 Constitution of Fees Advisory Commission.

(1) After every ordinary election to the General Synod the Archbishops of Canterbury and York shall jointly request—

( a ) the Lord Chancellor to appoint a person who is or has been a judge of the Court of Appeal or of the High Court of Justice, a circuit judge or a recorder;

( b ) the chairman of the Bar Council to appoint a barrister; and

( c ) the president of the Law Society to appoint a solicitor;

and the three persons so appointed together with—

( d ) the person who holds the appointments of First Church Estates Commissioner and Chairman of the Central Board of Finance, and

( e ) a member of the Standing Committee of the General Synod appointed for the purposes of this Measure by that Committee,

shall constitute the Fees Advisory Commission.

(2) If at any time the appointments of First Church Estates Commissioner and Chairman of the Central Board of Finance are not both held by the same person, subsection (1) above shall have effect as if for paragraphs ( d ) and ( e ) there were substituted the following paragraphs—

‘( d ) the First Church Estates Commissioner and

( e ) the Chairman of the Central Board of Finance.’

(3) The members of the Fees Advisory Commission appointed under paragraphs ( a ) to ( c ) of subsection (1) above and (unless the appointments of First Church Estates Commissioner and Chairman of the Central Board of Finance are not held by the same person) the member appointed under paragraph ( e ) of that subsection (the ‘appointed members’) shall hold office until, after the next following ordinary election to the General Synod, further appointments are made under this section.

(4) If an appointed member of the Fees Advisory Commission dies or resigns, then—

( a ) if he was appointed under paragraph ( a ), ( b ) or ( c ) of subsection (1) above, the Archbishops of Canterbury and York shall jointly request the person who appointed him to appoint as a member of the Commission another person who is qualified for appointment under the paragraph in question;

( b ) if he was appointed under paragraph ( e ) of that subsection, the Standing Committee of the General Synod shall appoint as a member of the Commission another member of that Committee,

and a person appointed under this subsection shall hold office for the period for which the person who has died or resigned would have held office.

(5) The Fees Advisory Commission shall be entitled to act notwithstanding any temporary vacancy caused by the death or resignation of any of its members.

(6) An appointed member of the Fees Advisory Commission whose term of office comes to an end shall be eligible for reappointment.

S-5 Legal Officers \(Annual Fees) Orders.

5 Legal Officers \(Annual Fees) Orders.

(1) The Fees Advisory Commission may make recommendations as to the annual fees to be paid...

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