Ecclesiastical Judges and Legal Officers (Fees) Order 1991

JurisdictionUK Non-devolved
CitationSI 1991/1756
Year1991

1991 No. 1756

ECCLESIASTICAL LAW, ENGLANDFEES

Ecclesiastical Judges and Legal Officers (Fees) Order 1991

Made (Approved by the General Synod) 12th July 1991

Laid before Parliament 26th July 1991

Coming into force 1st January 1992

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

S-1 The Fees appearing in the Schedule to this Order are...

1. The Fees appearing in the Schedule to this Order are established. 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 Fees established and set out in Tables I, II , III , IV...

2. The Fees established and set out in Tables I, II, III, IV, V and VI of the Schedule to the Ecclesiastical Judges and Legal Officers (Fees) Order 19902shall no longer be payable.

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 provison...

5. Where Value Added Tax is chargeable in respect of the provison 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 1991 and shall come into operation on the first day of January 1992.

R. B. Gibson

A. K. L. Black

J. C. Broadhurst

T. A. C. Coningsby

D. Lovelock

P. J. C. Mawer

Secretary-General

the 12th day of July 1991

SCHEDULE

SCHEDULE

1 FACULTY AND COURT FEES SUBSTITUTED FOR TABLE I OF THE SCHEDULE TOTHE ECCLESIASTICAL JUDGES AND LEGAL OFFICERS (FEES) ORDER 1990

TABLE I

FACULTY AND COURT FEES SUBSTITUTED FOR TABLE I OF THE SCHEDULE TOTHE ECCLESIASTICAL JUDGES AND LEGAL OFFICERS (FEES) ORDER 1990

Dean of the Arches, Vicar General or Chancellor

Registrar or other Officers by usage performing the duty

£

£

1. Archdeacon’s Certificate. Fee payable on application(rule 3(1)).

16

2. Major Faculty (being matters enumerated by the Chancellor). Fees payable on lodging Petition (rule 4(1)).

23

49

3. Minor Faculty (all other cases). Fees payable on lodging Petition (rule 4(1)).

13

27

4. Additional fees where the Judge has ordered under rule 6A 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 Judge within the limits shown.

78–131

53–78

5. On the Judge giving directions under rule 8 that an application for an Archdeacon’s Certificate is to be treated as a Petition for a Major Faculty, the applicant, if he wishes to proceed, shall pay further fees of

23

33

6. On the Judge giving directions under rule 8 that an application for an Archdeacon’s Certificate is to be treated as a Petition for a Minor Faculty, the applicant, if he wishes to proceed, shall pay further fees of

13

11

7. Additional fees on the Judge or registrar giving other directions (otherwise than at a hearing in respect of which fees are payable under paragraph 8 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 5A(8):–

(i) directions given by Judge

50–150

33–100

(ii) directions given by registrar

50–150

(b) on the giving of other directions:–

(i) directions given by Judge

20–60

13–40

(ii) directions given by registrar.

20–60

8. Additional fees where the issue, whether opposed or unopposed, whether interlocutory or final, is to be heard in Court or Chambers:–

(a) cases before the Chancellor’s Court or the Court of Arches or the Chancery Court of York:

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

157

118

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

262

197

(b) cases before the Court of Ecclesiastical Causes Reserved:

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

66

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

131

(fee on same scales for subsequent days)

9. Additional fee on the Chancellor or the Presiding Judge of the Appellate Court 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 Chancellor or Presiding Judge as spent in such work, and by whom the fee is to be paid to be determined by the Court.

25

10. Preparatory and ancillary work and correspondence (if any) in relation to application for Archdeacon’s Certificate or Petition for Major or Minor Faculty–not to exceed without the sanction of the Chancellor or the Presiding Judge of the Appellate Court.

24

Notes:

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

(b) References to rules are references to The Faculty Jurisdiction Rules 1967 as amended by The Faculty Jurisdiction (Amendment) Rules 1987 and 1989.

2 FEES SUBSTITUTED FOR TABLE II OF THE SCHEDULE TO THEECCLESIASTICAL JUDGES AND LEGAL OFFICERS (FEES) ORDER 1990

TABLE II

FEES SUBSTITUTED FOR TABLE II OF THE SCHEDULE TO THEECCLESIASTICAL JUDGES AND LEGAL OFFICERS (FEES) ORDER 1990

Fee £

1. Fee payable to Provincial Registrar for permission...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT