Legal Officers' Fees Order 1986
| Jurisdiction | UK Non-devolved |
| Citation | SI 1986/1144 |
| Year | 1986 |
1986No. 1144
ECCLESIASTICAL LAW, ENGLAND
FEES
The Legal Officers' Fees Order 1986
5thJuly1986
8thJuly1986
1stJanuary1986
We, the Fees Committee constituted in accordance with the provisions of section 1 of the Ecclesiastical Fees Measure 1962 (a) in the exercise of the powers conferred by the section do hereby order as follows:--
1. The Fees appearing in the Schedule to the Order are established. Table I of the Schedule contains particulars of the fees which are to be received, after the commencement of this Order, by the legal officers named in Table I, Part I of the Schedule for the carrying out by them of the duties of their offices specified in the Appendix hereto (hereinafter referred to as "the Appendix") and by the Vicars-General named in Table I, Part II of the Schedule.
2. The Fees established and set out in Table I and Table II of the Legal Officers' Fees Order 1985 (b) shall no longer be payable.
3. The diocesan registrar shall perform the duties and provide the professional services set forth in the Appendix in consideration of the annual fee set out in Table I of Part I to this Order for his diocese and shall not be entitled to receive any other remuneration for such duties or services save as provided by this Order and the Notes thereto.
4.(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 an annual fee or retainer (hereinafter called a "supplementary annual fee") which is in addition to the annual fee payable under Table I.
(b) Such supplementary annual fee may be agreed in respect of the following work:
(i) Services not falling within the scope of the services covered by the annual fee payable to the diocesan registrar and defined in the Appendix and/or
(ii) Services for which fees are prescribed by Table II and for which the diocesan registrar has agreed with the diocesan board of finance that he will not receive the fees prescribed in the said Table.
(c) An agreement made under sub-paragraph (a) above shall be expressed to be a payment by way of supplementary annual fee.
(a) 1962 No. 1.
(b) S.I. 1985/1050.
(d) Any 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.
(e) The body responsible for paying a supplementary annual fee shall be the diocesan board of finance.
5. A fee specified in the Schedule to this Order may be increased by a sum for reasonable expenses of travel, subsistence and accommodation.
6. 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.
7. This Order may be cited as the Legal Officers' Fees Order 1986 and shall come into operation on the first day of January 1987.
Dated this 2nd day of June 1986.
J. R. Cumming-Bruce |
|
T. A. C. Coningsby |
|
A. Black |
Approved by the General Synod |
W. D. Pattinson, |
the 5th day of July 1986. |
Secretary-General. |
APPENDIX
THE SCOPE OF THE ANNUAL FEE
1. Subject to the restrictions contained in paragraphs 2 and 3 hereof, the professional services provided by the diocesan registrar in respect of the annual fee paid to him under this Order shall include:--
A. |
Giving of advice to the Diocesan Bishop, suffragan bishops, archdeacons, Chairmen of the Houses of the Diocesan Synod, Rural Deans and Lay Chairmen of Deanery Synods, Incumbents and all other clergymen, beneficed or licensed in the diocese, on any legal matter properly arising in connection with the discharge of their respective ecclesiastical or synodical offices; |
B. |
Giving of occasional advice to chairmen and secretaries of diocesan boards, councils and committees in connection with the business of the respective boards, councils and committees; |
C. |
Acting as Registrar to the Diocesan Synod and attendance at its meetings; |
D. |
Attendance at the Bishop's Council and Standing Committee if required by that Committee; |
E. |
Occasional attendance at meetings of diocesan boards, councils and committees for the purpose of giving advice on specific matters; |
F. |
Maintaining of all such records of the diocese as are customarily kept by the diocesan registrar including the making of entries therein, and the making of searches and reports on matters recorded in the Registry or in documents held in the diocesan muniment room at the request of persons or bodies referred to in sub-paragraphs A, B and G hereof; |
G. |
Giving of advice to churchwardens and secretaries of PCCs on any legal matter properly arising in connection with their duties or official business; |
H. |
Giving of advice to any person concerned in or with the administration of an election under the Church Representation Rules on any question properly arising under those Rules; |
I. |
Giving of advice to a bona fide enquirer concerning the law of marriage, baptism, confirmation and burial of the dead according to the rites and ceremonies of the Church of England; |
J. |
Giving of advice to persons considering or proposing to make an application for a legal aid certificate for financial assistance from the ecclesiastical legal aid fund constituted under section 59 of the Ecclesiastical Jurisdiction Measure 1963; |
K. |
Acting as Registrar to the Consistory Court of the diocese except in so far as a separate fee is prescribed by Table II of this Order or except in so far as this Order provides that a fee calculated in accordance with the Solicitors' Remuneration Order 1972 is payable; |
L. |
Attendance at episcopal and archidiaconal visitations; |
M. |
Drafting or preparing, approving, engrossing and registering of all notices, licences, consents, permissions, instruments and other documents required by law or customarily used in connection with the following matters: |
Ordination |
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Certification of Ordination |
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Presentation to a Benefice |
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Commission for Institution or Collation |
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Admission to Freehold Office |
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Certification of Institution or Collation |
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Provision of Letters Dimissory or Letters of Request |
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Licensing of Non-residence, for legalising house of residence |
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Resignation |
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Under the Pastoral Measure 1983 |
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admission to office of rector for term of years |
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licensing of vicar in a team ministry or for extending term of years of rector or vicar in a team ministry |
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issuing of notices relating to suspension or restriction under Part IV of the Measure |
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designation of a parish centre of worship under Part II of the |
Measure for the purposes of the Marriage Act 1949 and other purposes
Issuing of permissions to officiate to and licensing of clerks in holy orders
Appointment of Rural Dean
Delegation by bishop of episcopal and archidiaconal powers under the Dioceses Measure 1978 and Church of England (Miscellaneous Provisions) Measure 1983
Episcopal and archidiaconal visitations
Appointment of sequestrators and matters relating to sequestrations
Provision of agreements to form a Conventional District
Consent to hold preferment under the Ecclesiastical Jurisdiction Measure 1963
Licensing of unconsecrated churches or places of worship (including temporary licences)
Ordering of Licensed Chapel to come under Faculty Jurisdiction
Issuing of permissions to officiate to and licensing of deaconesses, lay workers and readers
Under the Parochial Registers and Records Measure 1978 authorisation to retain any register book or record in parochial custody;
N. |
Acting in relation to the following matters on the instructions of the Diocesan Bishop, suffragan bishops, archdeacons or on the instructions of a diocesan board or council whose business properly includes such matters: |
Consecration of a Church and Burial Ground or a Church without a Burial Ground
Consecration of a Cemetery or Burial Ground
Preparation and Registration of documents required under the Consecration of Churchyards Act 1867 for consecration of additions to churchyards
Licensing of a Building for Marriages, including settling the area to which the licence should apply
Notification under section 2 of the Benefices (Transfer of Rights of Patronage) Measure 1930
Issuing of notices under the Benefices (Exercise of Rights of Patronage) Measure 1931 (including instances where body of advisers is consulted).
2. The provisions of paragraph 1 hereof shall be restricted as follows:
(i) Where the Registrar receives a request for advice on any matter properly falling within paragraph 1 sub-paragraphs A, B, F, G, H and I,
(a) he shall not be required to correspond with a third party involved in the enquiry
(b) before giving advice he shall first consider whether the matter on which his advice is sought is one which can conveniently be dealt with by the diocesan secretary or some other person or body in the diocese rather than by himself
(c) if a legal dispute arises between parties who are both church officers he may decline to advise either party, but he shall be at liberty to advise both parties with a view to helping them to resolve their dispute if in his judgement it is desirable to do so;
(ii) The Registrar shall not be required to attend meetings of diocesan boards, councils and committees except upon an occasional basis to give legal advice on specific matters. (He may attend regularly suchmeetings to give general advice and assistance if requested to do so by the board, council or committee in question and in that case he shall be entitled to be separately remunerated for this work.)
3. The provisions of paragraph 2(i) hereof shall not apply to advice and assistance given as legal secretary or diocesan registrar to the Diocesan Bishop, or as diocesan registrar to suffragan bishops or archdeacons.
4. For the avoidance of doubt work in connection with the...
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