The Legal Officers (Annual Fees) Order 2018

2018No. 899

ECCLESIASTICAL LAW, ENGLAND

The Legal Officers (Annual Fees) Order 2018

Made16thMay2018

Laid before Parliament30thJuly2018

Coming into force1stJanuary2019

In accordance with section 5(3) of the Ecclesiastical Fees Measure 1986( 1), this Order has been laid before, and approved by, the General Synod.

The Fees Advisory Commission, in exercise of the powers conferred by section 5(1) and (2) of that Measure, makes the following Order:

Citation, commencement and interpretation

1.—(1) This Order may be cited as the Legal Officers (Annual Fees) Order 2018.

(2) This Order comes into operation on 1st January 2019.

(3) In this Order—

(a) “diocesan board of finance” means in relation to a diocese, the board of that name constituted under the Diocesan Boards of Finance Measure 1925( 2); and

(b) “the 2018 Measure” means the Ecclesiastical Jurisdiction and Care of Churches Measure 2018( 3).

Annual fees

2. Schedule 1 sets out the fees payable in respect of the year 2019—

(1) to diocesan registrars in respect of the duties of their office specified in Schedule 2; and

(2) to provincial registrars in respect of the duties of their office, except the duties and professional services specified in Part B of Table 2 in Schedule 1.

Payment of fees

3.—

(1) The fees set out in the second column of Table 1 of Schedule 1 are to be paid by the diocesan board of finance.

(2) The fees set out in the third column of Table 1 and in Table 2 of Schedule 1 are to be paid by the diocesan bishop or archbishop( 4).

Revocation of 2017 Order

4. The Legal Officers (Annual Fees) Order 2017( 5) is revoked.

Duties of the diocesan registrar

5. A diocesan registrar shall not be entitled to receive any additional remuneration for the duties specified in Schedule 2 except as provided in article 6.

Supplementary annual fee

6.—

(1) Subject to paragraph (2), nothing in this Order shall preclude a diocesan board of finance from agreeing to pay any sum to a diocesan registrar by way of annual fee or retainer which is additional to the fee payable under Table 1 of Schedule 1.

(2) Any such agreement shall—

(a) be in writing;

(b) be expressed to be an agreement made in accordance with this article; and

(c) state the period for which it is to run, or, if no such period is stated, remain binding until determined by not less than three months' notice on either side.

Travel, subsistence and accommodation

7. A fee specified in Schedule 1 shall be increased by a sum for reasonable expenses of travel, subsistence and accommodation.

Value Added Tax

8. Where Value Added Tax is chargeable in respect of the provision of any service for which a fee is prescribed in this Order (including any fee specified in paragraph 4 of Schedule 2) the amount of Value Added Tax chargeable is payable in addition to that fee.

Church House, London

16th May 2018

J O Alpass

N A Blackie

W E Husselby

Josile Munro

J R Jones

G Tattersall

The Fees Advisory Commission

This Order was approved by the General Synod on 6th July 2018

Jacqui Philips

Clerk to the Synod

SCHEDULE 1

Article 2

Fees payable under this Order

TABLE 1

Fees payable to diocesan registrars in respect of 2019

Diocese

Payable by diocesan board of finance

Liability of the diocesan bishop

Total

£

£

£

Bath and Wells

60,388

35,462

95,850

Birmingham

37,017

29,035

66,052

Blackburn

38,780

34,440

73,220

Bristol

36,230

28,392

64,622

Canterbury

41,033

32,240

73,273

Carlisle

43,825

30,288

74,113

Chelmsford

67,864

39,662

107,526

Chester

48,947

33,205

82,152

Chichester

54,561

40,057

94,619

Coventry

33,779

33,513

67,293

Derby

40,877

33,477

74,355

Durham

38,301

33,452

71,753

Ely

41,880

32,692

74,572

Exeter

63,021

36,833

99,855

Gloucester

45,370

32,340

77,710

Guildford

33,613

35,232

68,846

Hereford

44,201

33,382

77,584

Leeds

54,468

55,315

109,783

Leicester

43,058

29,942

73,000

Lichfield

61,293

38,866

100,159

Lincoln

70,181

28,472

98,653

Liverpool

37,999

33,627

71,626

London

71,150

46,202

117,353

Manchester

41,600

36,943

78,544

Newcastle

39,559

28,400

67,959

Norwich

71,597

29,548

101,145

Oxford

96,745

31,615

128,360

Peterborough

43,147

35,898

79,045

Portsmouth

25,512

37,139

62,651

Rochester

40,885

33,213

74,098

St Albans

50,379

36,879

87,258

St Edmundsbury and Ipswich

51,809

33,534

85,344

Salisbury

61,827

35,048

96,875

Sheffield

35,804

30,894

66,698

Southwark

50,528

44,598

95,126

Southwell and Nottingham

38,764

32,821

71,585

Truro

40,814

30,075

70,889

Winchester

43,900

33,925

77,825

Worcester

36,296

33,681

69,977

York

61,230

37,775

99,005

TABLE 2

Fees payable to provincial registrars in respect of 2019

PART A

Fees payable

Fee

£

1. Fee in respect of 2019 for joint registrars of the province of Canterbury

150,410

2. Fee in respect of 2019 for joint registrars of the province of York

78,359

PART B

Duties and professional services not falling within the scope of the annual fee

Duties and professional services in connection with the following matters shall not fall within the scope of the fee payable under Part A to provincial registrars:

Advice or other work in connection with disciplinary proceedings against a clerk in holy orders which have been instituted under section 10 of the Clergy Discipline Measure 2003( 6) or in respect of any disciplinary matters arising under or in relation to that Measure including under sections 30 and 31.

SCHEDULE 2

Article 2

The scope of the annual fee

Professional services to be provided by the diocesan registrar

1. Subject to the restrictions contained in paragraphs 2 and 3, the professional services provided by the diocesan registrar in respect of the fee under Schedule 1 to this Order shall include—

(1) 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, and giving of advice to chairmen and secretaries of diocesan boards, councils and committees on any legal matter properly arising in connection with the business of the respective boards, councils and committees;

(2) Acting as registrar to the diocesan synod and attendance at its meetings;

(3) Attendance at the bishop's council and standing committee if required by that committee;

(4) Occasional attendance at meetings of diocesan boards, councils and committees for the purpose of giving advice on specific matters;

(5) Maintaining 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 (1) and (6);

(6) Giving advice to churchwardens and secretaries of parochial church councils on any legal matter properly arising in connection with their duties or official business;

(7) Giving 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;

(8) Giving 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;

(9) Giving advice to persons considering or proposing to make an application for a legal aid certificate for financial assistance from the Legal Aid Fund maintained under section 1 of the Church of England (Legal Aid) Measure 1994( 7);

(10) Acting as registrar to the consistory court of the diocese except in so far as a separate fee is prescribed by Order made under section 86 of the 2018 Measure or except in so far as this Order provides that a fee calculated in accordance with the Solicitors' (Non-Contentious Business) Remuneration Order 2009 is payable;

(11) Attendance at episcopal visitations (other than visitations by the diocesan bishop of the cathedral church of the diocese);

(12) Drafting and preparing, approving, engrossing and registering all notices, licences, consents, permissions, instruments and other documents required by law or customarily used in connection with the following matters—

(a) ordination

(b) certification of ordination

(c) presentation to a benefice

(d) commission for institution or collation

(e) admission to freehold office

(f) certification of institution or collation

(g) licensing of non-residence, for legalising house of residence

(h) resignation (other than resignation of an incumbent)

(i) under the Mission and Pastoral Measure 2011( 8) (“the 2011 Measure”)—

(i) admission to office of rector

(ii) licensing of a vicar in a team ministry

(iii) designation of a parish centre of worship under Part 5 of the 2011 Measure for the purposes of the Marriage Act 1949( 9) and other purposes

(j) licensing of clerks in holy orders and deaconesses

(k) delegation by bishop of archidiaconal powers under the Church of England (Miscellaneous Provisions) Measure 1983( 10)

(l) delegation by bishop of episcopal powers under the Dioceses, Pastoral and Mission Measure 2007( 11)

(m) episcopal visitations (other than visitations by the diocesan bishop of the cathedral church of the diocese)

(n) matters relating to sequestrations

(o) provision of agreements to form a conventional district

(p) consent to hold preferment under the Ecclesiastical Jurisdiction Measure 1963( 12)

(q)...

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