Ecclesiastical Judges and Legal Officers (Fees) Order 1994

JurisdictionUK Non-devolved
CitationSI 1994/2009
Year1994

1994 No. 2009

ECCLESIASTICAL LAW, ENGLANDFEES

The Ecclesiastical Judges and Legal Officers (Fees) Order 1994

Made (Approved by the General Synod) 8th July 1994

Laid before Parliament 29th July 1994

Coming into force 1st January 1995

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 powersconferred 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 19932. 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 1993...

2. The Ecclesiastical Judges and Legal Officers (Fees) Order 1993 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 shall be...

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

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 1994 and shall come into operation on the first day of January 1995.

R. B. Gibson

A. K. L. Black

M. J. Colman

Peter Crediton

C. A. McLintock

Dated this 9th day of May 1994

P. J. C. Mawer

Secretary-General

the 8th day of July 1994

SCHEDULE

SCHEDULE

1 FACULTY AND COURT FEES

TABLE I

FACULTY AND COURT FEES

Dean of the Arches, Vicar General or Chancellor

Registrar or other Officers by usage performing the duty

£

£

1.

Archdeacons Faculty. Fee payable on lodging petition (rule 3).

38

2.

Chancellors Faculty. Fees payable on lodging petition (rule 3).

27

60

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.

95–149

61–89

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.

27

22

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

56–171

38–114

(i) directions given by registrar.

56–171

(a) on the giving of other directions—

(i) directions given by Judge

23–69

15–45

(i) directions given by registrar.

23–69

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 Chancellors Court, the Court of Arches or Chancery Court or York, or the Court of Ecclesiastical Causes Reserved—

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

178

135

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

298

224

(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.

29

8.

Preparatory and ancillary work and correspondence (if any) in relation to petition for faculty—not to exceedwithout the sanction of the Judge.

27

9

(a) No fees are payable under paragraphs 5 and 6 to the members of the Court 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, fromtime to time, in the Supreme Court of Judicature.

(c) Judge means the Chancellor or Presiding Judge of thet3 Appellate Court.

(d) References to Rules are to the Faculty Jurisdiction Rules 19923.

2 FEES PAYABLE FOR PERMISSIONS UNDER THE OVERSEAS AND OTHER CLERGY (MINISTRY AND ORDINATION MEASURE) 1967AND ANNUAL FEES PAYABLE TO THE VICARS-GENERAL

TABLE II

FEES PAYABLE FOR PERMISSIONS UNDER THE OVERSEAS AND OTHER CLERGY (MINISTRY AND ORDINATION MEASURE) 1967AND ANNUAL FEES PAYABLE TO THE VICARS-GENERAL

Fee

£

1.

Fee payable to Provincial Registrar for permission under the Overseas Clergy (Ministry and Ordination) Measure 1967.

48

2.

Annual fee for Vicar-General of the Province of Canterbury.

1,363

3.

Annual fee for Vicar-General of the Province of York.

1,107

NOTE: These fees are the liability of the Archbishop, subject to the provisions of section 8 of the Ecclesiastical Fees Measure 1986.

3 TABLE IIIFEES PAYABLE IN CONNECTION WITH APPEALS IN FACULTY CASES

TABLE IIIFEES PAYABLE IN CONNECTION WITH APPEALS IN FACULTY CASES

Fee

£

1.

Application under rule 3 to determine the Court to which appeal lies (except where application is made immediately after giving of judgement). To be paid to registrar by applicant on lodging application—

for chancellor

63

for registrar.

35

2.

Appeal under rule 4. To be paid to registrars by appellant on lodging notice of appeal—

to registrar of diocese

118

to registrar of appellate court.

61

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 members of the Court of the documents to be transmitted by the...

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