The Legal Officers (Annual Fees) Order 2017

2017 No. 797

Ecclesiastical Law, England

The Legal Officers (Annual Fees) Order 2017

Made 3rd May 2017

Laid before Parliament 27th July 2017

Coming into force 1st January 2018

In accordance with section 5(3) of the Ecclesiastical Fees Measure 19861(“the Measure”), 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 the Measure, makes the following Order:

S-1 Citation, commencement and interpretation

Citation, commencement and interpretation

1.—(1) This Order may be cited as the Legal Officers (Annual Fees) Order 2017.

(2) This Order comes into operation on 1st January 2018.

(3) In this Order—

(a)

(a) “diocesan board of finance” means in relation to a diocese, the board of that name constituted under the Diocesan Boards of Finance Measure 19252; and

(b)

(b) “the Measure” means the Ecclesiastical Fees Measure 1986.

S-2 Annual fees

Annual fees

2. Schedule 1 sets out the fees payable in respect of the year 2018—

(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.

S-3 Payment of fees

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 archbishop3.

S-4 Revocation of 2016 Order

Revocation of 2016 Order

4. The Legal Officers (Annual Fees) Order 20164is revoked.

S-5 Duties of the diocesan registrar

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.

S-6 Supplementary annual fee

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)

(a) be in writing;

(b)

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

(c)

(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.

S-7 Travel, subsistence and accommodation

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.

S-8 Value Added Tax

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.

J O Alpass

N A Blackie

W E Husselby

Josile Munro

J R Jones

V J H Rees

G Tattersall

Stephen Trott

+Richard Warrington

The Fees Advisory Commission

Church House, London

3rd May 2017

Jacqui Philips

Clerk to the Synod

SCHEDULE 1

Article 2

Fees payable under this Order

1 Fees payable to diocesan registrars in respect of 2018

TABLE 1

Fees payable to diocesan registrars in respect of 2018

Diocese

DiocesePayable by diocesan board of finance

DioceseLiability of the diocesan bishop

DioceseTotal

£

£

£

Bath and Wells

52,991

31,118

84,109

Birmingham

32,742

25,681

58,423

Blackburn

34,522

30,658

65,180

Bristol

31,997

25,075

57,071

Canterbury

36,332

28,547

64,879

Carlisle

38,970

26,933

65,903

Chelmsford

59,581

34,821

94,402

Chester

43,000

29,171

72,171

Chichester

47,805

35,097

82,902

Coventry

29,987

29,751

59,738

Derby

36,103

29,567

65,671

Durham

34,200

29,870

64,070

Ely

37,233

29,065

66,298

Exeter

54,940

32,110

87,050

Gloucester

40,082

28,572

68,654

Guildford

29,464

30,882

60,346

Hereford

39,069

29,506

68,575

Leeds

52,804

53,625

106,428

Leicester

37,776

26,269

64,046

Lichfield

53,988

34,234

88,221

Lincoln

61,184

24,822

86,006

Liverpool

33,867

29,970

63,837

London

61,057

39,648

100,704

Manchester

36,709

32,600

69,308

Newcastle

34,797

24,982

59,779

Norwich

63,684

26,282

89,966

Oxford

83,321

27,228

110,549

Peterborough

38,023

31,634

69,657

Portsmouth

22,427

32,648

55,075

Rochester

36,239

29,438

65,677

St Albans

44,224

32,373

76,598

St Edmundsbury and Ipswich

45,940

29,736

75,676

Salisbury

53,613

30,392

84,006

Sheffield

31,744

27,391

59,135

Southwark

44,153

38,971

83,124

Southwell and Nottingham

34,642

29,331

63,973

Truro

35,466

26,134

61,600

Winchester

39,849

30,794

70,644

Worcester

31,449

29,183

60,632

York

53,223

32,835

86,057

2 Fees payable to provincial registrars in respect of 2018

TABLE 2

Fees payable to provincial registrars in respect of 2018

PART A

Fees payable

Fee

£

1.

Fee in respect of 2018 for joint registrars of the province of Canterbury

169,330

2.

Fee in respect of 2018 for joint registrars of the province of York

71,295

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 20035or 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

SCH-2.9

9. Professional services to be provided by the diocesan registrar

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 19946;

(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 the 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)

(a) ordination

(b)

(b) certification of ordination

(c)

(c) presentation to a benefice

(d)

(d) commission for institution or collation

(e)

(e) admission to freehold office

(f)

(f) certification of institution or collation

(g)

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

(h)

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

(i)

(i) under the Mission and Pastoral Measure 20117(“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 19498and other purposes

(j)

(j) licensing of clerks in holy orders and deaconesses

(k)

(k) delegation by bishop of archidiaconal powers under the Church of England (Miscellaneous Provisions) Measure 19839

(l)

(l) delegation by bishop of episcopal powers under the Dioceses, Pastoral and Mission Measure 200710

(m)

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

(n)

(n) matters relating to sequestrations

(o)

(o) provision of agreements to form a conventional district

(p)

(p) consent to hold preferment under the Ecclesiastical Jurisdiction Measure 196311

(q)

(q) licensing of unconsecrated church or place of worship (including temporary...

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