Ecclesiastical Judges and Legal Officers (Fees) Order 1996

JurisdictionUK Non-devolved
CitationSI 1996/3085
Year1996

1996 No. 3085

ECCLESIASTICAL LAW, ENGLANDFEES

The Ecclesiastical Judges and Legal Officers (Fees) Order 1996

Made (Approved by the General Synod) 25th November 1996

Laid before Parliament 10th December 1996

Coming into force 1st January 1997

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 Tables of the Schedule to the Ecclesiastical Judges and Legal Officers (Fees) Order 19952. 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 1995...

2. The Ecclesiastical Judges and Legal Officers (Fees) Order 1995 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 court hearings.

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 1996 and shall come into operation on the first day of January 1997.

R B Gibson

M J Colman

C A McLintock

G F Tattersall

D J V Wright

Dated this 10th day of October 1996

P J C Mawer

Secretary-General

SCHEDULE

SCHEDULE

1 FACULTY AND OTHER FEES

TABLE 1

FACULTY AND OTHER FEES

Except where the contrary intention appears, this Table and Table II apply to the following proceedings —

SCH-1.1

1. Faculty petitions and other faculty proceedings (including appeals);

SCH-1.2

2. Proceedings for an injunction or a restoration order under section 13(4) and (5) of the Care of Churches and Ecclesiastical Jurisdiction Measure 1991 (including appeals); and

SCH-1.3

3. Proceedings under section 4 of the Care of Cathedrals (Supplementary Provisions) Measure 19943(including appeals).

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).

40

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

29

64

(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.

101 – 158

65 – 95

(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

29

24

(5) Fees on the Judge, Court 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

60 – 182,

40 – 121

(ii) directions given by registrar

60 – 182

(b) on the giving of other directions —

(i) directions given by Judge or Court

25 – 73

16 – 48

(ii) directions given by registrar

25 – 73

(6) 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 Vicar-General’s Court, the Arches Court of Canterbury or Chancery Court or York, or the Court of Ecclesiastical Causes Reserved —

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

189

144

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

(fees on the same scale for subsequent days)

318

239

(7) Fee on the Judge or other member of the Court preparing a written judgment 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 or other member of the Court as spent in such work, and by whom the fee is to be paid to be determined by the Court.

31

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

29

(9) (a) No fees are payable under paragraphs 5, 6 and 7 to the members of the Court of Ecclesiastical Causes Reserved.

(b) In the case of the Arches Court of Canterbury or the Chancery Court of York (constituted in accordance with section 47(1)(b) of the Ecclesiastical Jurisdiction Measure 19634)—

(i) any fee payable under paragraph 5(b) to the Dean of the Arches shall be payable to each member of those Courts who joins in the giving of directions within that sub-paragraph;

(ii) any fee calculated in accordance with paragraph 6 payable under that paragraph to the Dean of the Arches shall be payable to each member of those Courts; and

(iii) a fee calculated in accordance with paragraph 7 shall be payable to each member of those Courts who prepares a separate written judgment or who is principally responsible for drafting the form of order or both.

(c) All other fees of the Registry (otherwise than in respect of an unopposed faculty petition which is not the subject of a hearing before the Consistory Court) are to be paid on the same scale as allowed for Court fees, from time to time, in the Supreme Court of Judicature.

(d) “Judge”means the Chancellor or Presiding Judge of the Appellate Court.

(e) References to Rules are to the Faculty Jurisdiction Rules 19925.

2 ADDITIONAL FEES PAYABLE IN CONNECTION WITH APPEALS

TABLE II

ADDITIONAL FEES PAYABLE IN CONNECTION WITH APPEALS

Fee £

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

for chancellor

67

for registrar

37

2. Appeal from decision of the Consistory Court or Vicar-General’s Court. To be paid to the registrars by the appellant on lodging the notice of appeal —

to the registrar of the court of first instance

126

to the registrar of the appellate court

65

Plus a fee, to be fixed by the registrar of the appellate court, in respect of the cost of preparing for the use of the members of the court five copies (in the case of the Court of Ecclesiastical Causes Reserved) or three copies (in the case of the Arches Court of Canterbury or the Chancery Court of York constituted in accordance with section 47(1)(b) of the Ecclesiastical Jurisdiction Measure 1963) of the following documents —

(i) the notice of appeal;

(ii) any certificate given by the chancellor under rule 3;

(iii) the record of the proceedings at first instance and any other...

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