The Legal Officers (Annual Fees) Order 2003

JurisdictionUK Non-devolved
CitationSI 2003/1936

2003 No. 1936

ECCLESIASTICAL LAW, ENGLANDFEES

The Legal Officers (Annual Fees) Order 2003

Made (Approved by the General Synod) 12th July 2003

Laid before Parliament 1st August 2003

Coming into force 1st January 2004

We, the Fees Advisory Commission constituted in accordance with the provisions of section 4 of the Ecclesiastical Fees Measure 19861, in exercise of the powers conferred by section 5 do hereby order as follows—

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

1. The Fees appearing in Schedule to this Order are established. The Tables of the Schedule contain particulars of the Annual Fees which are to be received, after the commencement of this Order, by the legal officers named in Table I of the Schedule (hereinafter referred to as “Table I”) in respect of 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 legal officers named in Table II of the Schedule in respect of the carrying out by them of the duties of their offices.

S-2 The Fees established and set out in the second column of Table...

2. The Fees established and set out in the second column of Table I of the Schedule are to be paid by the diocesan board of finance. The Fees established and set out in the third column of Table I and in Table II of the Schedule are the liability of the diocesan bishop or archbishop, subject to the provisions of section 8 of the Ecclesiastical Fees Measure 1986.

S-3 The Legal Officers (Annual Fees) Order 2002 is hereby revoked.

The Legal Officers (Annual Fees) Order 2002 is hereby revoked.

3. The Legal Officers (Annual Fees) Order 20022is hereby revoked.

S-4 The diocesan registrar shall perform the duties and provide the...

4. 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 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.

S-5 Subject to the provisions of this paragraph nothing in this...

5.—(1) 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 payable under Table I.

(2) An agreement made under sub-paragraph (a) above shall be expressed to be an agreement for a payment by way of supplementary annual fee.

(3) 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.

(4) The body responsible for paying a supplementary annual fee shall be the diocesan board of finance.

S-6 A fee specified in the Schedule to this Order shall be...

6. A fee specified in the Schedule to this Order shall be increased by a sum for reasonable expenses of travel, subsistence and accommodation.

S-7 Where Value Added Tax is chargeable in respect of the provision...

7. 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 the Appendix) there shall be payable in addition to that fee the amount of the Value Added Tax.

S-8 This Order may be cited as the Legal Officers (Annual Fees)...

8. This Order may be cited as the Legal Officers (Annual Fees) Order 2003 and shall come into operation on the first day of January 2004.

J Laws

G F Tattersall

H M Morgan

M G S Farrell

A Whittam Smith

T E Allen

David Williams

Clerk to the Synod

Approved by the General Synod the 12th day of July 2003

APPENDIX

THE SCOPE OF THE ANNUAL FEE

SCH-1.1

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, 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;

(b) Acting as Registrar to the Diocesan Synod and attendance at its meetings.

(c) Attendance at the Bishop’s Council and Standing Committee if required by that Committee;

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

(e) 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 and F hereof;

(f) Giving of advice to churchwardens and secretaries of PCCs on any legal matter properly arising in connection with their duties or official business.

(g) 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;

(h) 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;

(i) 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 maintained under section 1 of the Church of England (Legal Aid) Measure 1994;

(j) 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 Ecclesiastical Fees Measure 1986 or except in so far as this Order provides that a fee calculated in accordance with the Solicitors' (Non-Contentious Business) Remuneration Order 1994 is payable;

(k) Attendance at episcopal visitations (other than visitation by the Diocesan Bishop of the Cathedral Church of the diocese);

(l) 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

Certification of Ordination

Presentation to a Benefice

Commission for Institution or Collation

Admission to Freehold Office

Certification of Institution or Collation

Licensing of Non-Residence, for legalising house of residence

Resignation (other than resignation of an incumbent)

Under the Pastoral Measure 1983

admission to office of rector for term of years

licensing of vicar in a team ministry or for extending term of years of rector or vicar in a team ministry

designation of a parish centre of worship under Part II of the Measure for the purposes of the Marriage Act 1949 and other purposes

Licensing of clerks in holy orders and deaconesses

Delegation by bishop of episcopal and archidiaconal powers under the Dioceses Measure 1978 and Church of England (Miscellaneous Provisions) Measure 1983

Episcopal visitations (other than visitations by the Diocesan Bishop of the Cathedral Church of the diocese)

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;

(m) 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 the consecration of additions to churchyards

Licensing of a Building for Marriages

Notification under section 2 of the Benefices (Transfer of Rights of Patronage) Measure 1930 (in relation to a guild church in the City of London);

(n) Work in connection with the following matters—

Maintaining the register of patrons (“the register”) under Part I of the Patronage (Benefices) Measure 1986 (“the 1986 Measure”) as required by section 1(1) of the 1986 Measure

Searches in and making of extracts from the register, enquiries as to entries in the register and supplying certified copies of entries in the register, where the search, extract or enquiry is made or the certified copy is requested by or on behalf of a person or body referred to at the commencement of sub-paragraph (m) or by the designated officer (within the meaning of section 7(5) of the 1986 Measure)

Receipt and issue of notices and notification of representations under section 3(3) and (4) of the 1986 Measure.

SCH-1.2

2. The provisions of paragraph 1 hereof shall be restricted as follows—

(a) Where the Registrar receives a request for advice on any matter properly falling within paragraph 1 sub-paragraphs (a), (e), (f), (g) and (h)—

(i) he shall not be required to correspond with a third party involved in the enquiry

(ii) before giving advice he shall first consider whether the...

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