The Legal Officers (Annual Fees) Order 2016

JurisdictionEngland & Wales
CitationSI 2016/1272

2016No. 1272

ECCLESIASTICAL LAW, ENGLAND

The Legal Officers (Annual Fees) Order 2016

Made5thDecember2016

Laid before Parliament14thMarch2017

Coming into force1stJune2017

In accordance with section 5(3) of the Ecclesiastical Fees Measure 1986( 1) (‘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:

Citation, commencement and interpretation

1.—(1) This Order may be cited as the Legal Officers (Annual Fees) Order 2016.

(2) This Order comes into operation on 1st June 2017.

(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 Measure’ means the Ecclesiastical Fees Measure 1986.

Annual fees

2. Schedule 1 sets out the fees payable in respect of the year 2017—

(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( 3).

Revocation of 2015 Order

4. The Legal Officers (Annual Fees) Order 2015( 4) is revoked and is to be treated as having ceased to have effect at the end of 31st December 2016.

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

5th December 2016

J Alpass

N Blackie

B Husselby

J Jones

J Rees

G Tattersall

S Trott

The Fees Advisory Commission

This Order was approved by the General Synod on 14th February 2017

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 2017

Diocese

Payable by diocesan board of finance £

Liability of the diocesan bishop £

Total £

Bath and Wells

48,096

28,243

76,339

Birmingham

29,806

23,378

53,184

Blackburn

31,231

27,735

58,966

Bristol

28,990

22,719

51,709

Canterbury

33,096

26,004

59,101

Carlisle

35,368

24,444

59,812

Chelmsford

53,895

31,498

85,393

Chester

38,982

26,446

65,428

Chichester

43,089

31,635

74,724

Coventry

27,267

27,052

54,319

Derby

32,808

26,869

59,677

Durham

31,112

27,173

58,285

Ely

34,030

26,565

60,595

Exeter

49,648

29,017

78,666

Gloucester

36,292

25,870

62,161

Guildford

26,748

28,036

54,784

Hereford

35,617

26,900

62,517

Leeds

52,526

53,343

105,868

Leicester

34,221

23,797

58,018

Lichfield

48,781

30,932

79,712

Lincoln

55,065

22,339

77,405

Liverpool

30,930

27,372

58,302

London

54,166

35,174

89,340

Manchester

33,627

29,863

63,490

Newcastle

31,441

22,572

54,013

Norwich

57,875

23,885

81,760

Oxford

74,404

24,314

98,719

Peterborough

34,671

28,845

63,516

Portsmouth

20,344

29,616

49,960

Rochester

32,785

26,633

59,418

St Albans

39,946

29,241

69,187

St Edmundsbury and Ipswich

42,120

27,263

69,383

Salisbury

48,281

27,370

75,650

Sheffield

28,706

24,770

53,476

Southwark

39,454

34,823

74,277

Southwell and Nottingham

31,467

26,642

58,110

Truro

31,943

23,539

55,482

Winchester

35,822

27,682

63,504

Worcester

28,158

26,129

54,287

York

47,678

29,414

77,092

TABLE 2

Fees payable to provincial registrars in respect of 2017

PART A

Fees payable

Fee £

1. Fee in respect of 2017 for joint registrars of the province of Canterbury

179,815

2. Fee in respect of 2017 for joint registrars of the province of York

79,479

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( 5) 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

9. 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( 6);

(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) 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( 7) (‘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( 8) 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( 9)

(l) delegation by bishop of episcopal powers under the Dioceses, Pastoral and Mission Measure 2007( 10)

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

(n) matters relating to...

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