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The Legal Officers (Annual Fees) Order 2005

As Enacted Cited authorities 29 Cited in Amendments 3 Related
Vincent
JurisdictionUK Non-devolved
CitationSI 2005/336
Year2005

2005 No. 336

ECCLESIASTICAL LAW, ENGLANDFEES

The Legal Officers (Annual Fees) Order 2005

Made (Approved by the General Synod) 15th February 2005

Laid before Parliament 18th February 2005

Coming into force 1st January 2005

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 Establishment of fees

Establishment of fees

1. The Fees appearing in Schedule 1 to this Order are established. The Tables of that 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 that Schedule in respect of the carrying out by them of the duties of their offices specified in Schedule 2 to this Order and by the legal officers named in Table II of Schedule 1 in respect of the carrying out by them of the duties of their offices.

S-2 Payment of fees

Payment of fees

2. The Fees established and set out in the second column of Table I of Schedule 1 to this Order are to be paid by the diocesan board of finance. The Fees established and set out in the third column of the said Table I and in Table II of that 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 Revocation of 2003 Order

Revocation of 2003 Order

3. The Legal Officers (Annual Fees) Order 20032is hereby revoked.

S-4 Duties of the diocesan registrar

Duties of the diocesan registrar

4. The diocesan registrar shall perform the duties and provide the professional services specified in Schedule 2 to this Order in consideration of the annual fee set out in Table I of Schedule 1 to this Order for his or her diocese and shall not be entitled to receive any other remuneration for such duties or services save as provided by this Order.

S-5 Supplementary annual fee

Supplementary annual fee

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 of Schedule 1 to this Order.

(2) An agreement made under sub-paragraph (1) above shall be expressed to be an agreement for a payment by way of supplementary annual fee.

(3) An agreement made under sub-paragraph (1) 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 that 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 Travel, subsistence and accommodation

Travel, subsistence and accommodation

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

S-7 Value Added Tax

Value Added Tax

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 Schedule 2 to this Order) there shall be payable in addition to that fee the amount of Value Added Tax.

S-8 Citation and commencement

Citation and commencement

8.—(1) This Order may be cited as the Legal Officers (Annual Fees) Order 2005.

(2) This Order shall have effect from the first day of January 2005.

J Laws

G F Tattersall

H M Morgan

M A Chamberlain

A Whittam Smith

T E Allen

David Williams

Clerk to the Synod

SCHEDULE 1

FEES ESTABLISHED BY THIS ORDER

1 ANNUAL FEES PAYABLE TO DIOCESAN REGISTRARS (SUBSTITUTED FOR TABLE I OF THE SCHEDULE TO THE LEGAL OFFICERS (ANNUAL FEES) ORDER 2003)

TABLE I

ANNUAL FEES PAYABLE TO DIOCESAN REGISTRARS (SUBSTITUTED FOR TABLE I OF THE SCHEDULE TO THE LEGAL OFFICERS (ANNUAL FEES) ORDER 2003)

Diocese

Payable by Diocesan Board of Finance

Liability of the Diocesan Bishop

Total

£

£

£

Bath and Wells

29,725

17,455

47,180

Birmingham

18,395

14,429

32,824

Blackburn

19,234

17,081

36,315

Bradford

13,526

17,844

31,370

Bristol

18,063

14,156

32,219

Canterbury

20,447

16,066

36,513

Carlisle

21,527

14,877

36,404

Chelmsford

32,739

19,134

51,873

Chester

23,785

16,136

39,921

Chichester

26,900

19,749

46,649

Coventry

16,770

16,638

33,408

Derby

20,055

16,425

36,480

Durham

19,999

17,467

37,466

Ely

21,379

16,689

38,068

Exeter

31,021

18,131

49,152

Gloucester

22,515

16,049

38,564

Guildford

16,162

16,940

33,102

Hereford

21,904

16,543

38,447

Leicester

20,768

14,442

35,210

Lichfield

29,531

18,725

48,256

Lincoln

34,232

13,888

48,120

Liverpool

19,284

17,066

36,350

London

31,556

20,491

52,047

Manchester

21,899

19,447

41,346

Newcastle

19,031

13,663

32,694

Norwich

35,452

14,631

50,083

Oxford

43,638

14,260

57,898

Peterborough

21,940

18,254

40,194

Portsmouth

12,322

17,938

30,260

Ripon and Leeds

16,966

14,589

31,555

Rochester

20,097

16,326

36,423

St Albans

24,490

17,928

42,418

St Edmundsbury and Ipswich

26,794

17,342

44,136

Salisbury

29,579

16,767

46,346

Sheffield

18,010

15,540

33,550

Southwark

23,560

20,794

44,354

Southwell

19,806

16,769

36,575

Truro

19,759

14,561

34,320

Wakefield

17,382

16,459

33,841

Winchester

22,850

17,658

40,508

Worcester

17,148

15,913

33,061

York

29,379

18,125

47,504
2 FEES PAYABLE TO THE PROVINCIAL REGISTRARS (SUBSTITUTED FOR TABLE II OF THE SCHEDULE TO THE LEGAL OFFICERS (ANNUAL FEES) ORDER 2003)

TABLE II

FEES PAYABLE TO THE PROVINCIAL REGISTRARS (SUBSTITUTED FOR TABLE II OF THE SCHEDULE TO THE LEGAL OFFICERS (ANNUAL FEES) ORDER 2003)

Fee

£

1.

Annual fee for Joint Registrars of the Province of Canterbury

98,625

2.

Annual fee for Registrar of the Province of York

38,160

SCHEDULE 2

THE SCOPE OF THE ANNUAL FEE

SCH-2.1

1. Professional services to be provided by the diocesan registrar

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 or her under 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 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 (1) and (6) hereof;

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

(7) 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;

(8) 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;

(9) 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;

(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 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;

(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 Pastoral Measure 1983 —

(i) Admission to office of rector for a term of years

(ii) Licensing of a vicar in a team ministry or for extending term of years of rector or vicar in a team ministry

(iii) Designation of a parish centre of worship under Part II of the Measure for the purposes of the Marriage Act 1949 and other purposes

(j)

(j) Licensing of clerks in holy orders and deaconesses

(k)

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

(l)

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

(m)

(m) Matters relating to sequestrations

(n)

(n) Provision of...

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