Ecclesiastical Judges and Legal Officers (Fees) Order 1992

JurisdictionUK Non-devolved
CitationSI 1992/2883
Year1992

1992 No. 2883

ECCLESIASTICAL LAW, ENGLANDFEES

Ecclesiastical Judges and Legal Officers (Fees) Order 1992

Made 29th September 1992

Laid before Parliament 19th November 1992

We, the Fees Advisory Commission constituted in accordance with the provisions of section 4 of the Ecclesiastical Fees Measure 19861, in the exercise of the powers conferred by section 6 do hereby order as follows:—

S-1 The fees appearing in the Tables of the Schedule to this Order...

1. The fees appearing in the Tables of the Schedule to this Order are established and are substituted for the fees appearing in the corresponding Tables of the Schedule to the Ecclesiastical Judges and Legal Officers (Fees) Order 19912. 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.

S-2 The Ecclesiastical Judges and Legal Officers (Fees) Order 1991...

2. The Ecclesiastical Judges and Legal Officers (Fees) Order 1991 is hereby revoked.

S-3 Subject to the provisions of this paragraph nothing in this...

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.

S-4 A fee specified in the Schedule to this Order may be increased...

4. A fee specified in the Schedule to this Order may be increased by a sum for reasonable expenses of travel, subsistence and accommodation.

S-5 Where Value Added Tax is chargeable in respect of the provision...

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.

S-6 This Order may be cited as the Ecclesiastical Judges and Legal...

6. This Order may be cited as the Ecclesiastical Judges and Legal Officers (Fees) Order 1992 and shall come into operation for all purposes other than those of Paragraph 2 and of Table 1 of the Schedule on the first day of January 1993 and for the purposes of Paragraph 2 and of Table I of the Schedule on the first day of March 1993.

R. B. Gibson

A. K. L. Black

J. C. Broadhurst

+Peter Crediton

D. Lovelock

Dated this Twenty-Ninth day of September 1992.

P. J. C. Mawer

Secretary-General

tenth day of November 1992.

SCHEDULE 1

SCHEDULE 1

Table 1

Faculty and Court Fees

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).

35

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

25

55

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.

88—139

56—83

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

25

20

5. Additional fees on the Judge 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

53—159

35—106

(ii) directions given by registrar

53—159

(b) on the giving of other directions—

(i) directions given by Judge

21—64

14—42

(ii) directions given by registrar

21—64

6. Additional 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 Court of Arches or Chancery Court of York, or the Court of Ecclesiastical Causes Reserved—

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

166

125

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

278

209

(fees on same scale for subsequent days).

7. Additional fee on the Judge preparing a written judgement 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 in such work, and by whom the fee is to be paid to be determined by the Court.

27

8. Preparatory and ancillary work and correspondence (if any) in relation to petition for faculty — not to exceed without the sanction of the Judge.

25

9. (a) No fees are payable under paragraphs 5 and 6 to the members of the Court of Ecclesiastical Causes Reserved.

(b) All other fees of the Registry in opposed cases are to be paid on the same scale as allowed for Court fees, from time to time, in the Supreme Court of Judicature.

(c) "Judge" means the Chancellor or Presiding Judge of the Appellate Court.

(d) References to Rules are to the Faculty Jurisdiction Rules...

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