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The Legal Officers (Annual Fees) Order 2011

Consolidated Text Cited authorities 34 Cited in Amendments 3 Related
Vincent
JurisdictionUK Non-devolved
CitationSI 2011/1735

2011 No. 1735

Ecclesiastical Law, EnglandFees

The Legal Officers (Annual Fees) Order 2011

Made (Approved by the General Synod) 8th July 2011

Laid before Parliament 21th July 2011

Coming into force 1st January 2012

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 Citation and commencement

Citation and commencement

1.—(1) This Order may be cited as the Legal Officers (Annual Fees) Order 2011.

(2) This Order shall come into operation on the first day of January 2012.

S-2 Establishment of fees

Establishment of fees

2. 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—

(1) 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

(2) by the legal officers named in Part A of Table II of Schedule 1 in respect of the carrying out by them of the duties of their offices except the duties and professional services specified in Part B of Table II as not falling within the scope of the annual fee.

S-3 Payment of fees

Payment of fees

3. 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-4 Revocation of 2010 Order

Revocation of 2010 Order

4. The Legal Officers (Annual Fees) Order 20102is hereby revoked.

S-5 Duties of the diocesan registrar

Duties of the diocesan registrar

5. 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-6 Supplementary annual fee

Supplementary annual fee

6.—(1) Subject to the provisions of this article 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 paragraph (1) above shall be expressed to be an agreement for a payment by way of supplementary annual fee.

(3) An agreement made under 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-7 Travel, subsistence and accommodation

Travel, subsistence and accommodation

7. A fee specified in Schedule 1 to this Order 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 to this Order) there shall be payable in addition to that fee the amount of Value Added Tax.

A Rutherford

G F Tattersall

A R Hargreaves-Smith

A Britton

T E H Walker

T E Allen

C. J. Podmore

Clerk to the Synod

Church House, London

8th July 2011

SCHEDULE 1

Article 2

FEES ESTABLISHED BY THIS ORDER

1 ANNUAL FEES PAYABLE TO DIOCESAN REGISTRARS (SUBSTITUTED FOR TABLE I OF SCHEDULE 1 TO THE LEGAL OFFICERS (ANNUAL FEES) ORDER 2010)

TABLE I

ANNUAL FEES PAYABLE TO DIOCESAN REGISTRARS (SUBSTITUTED FOR TABLE I OF SCHEDULE 1 TO THE LEGAL OFFICERS (ANNUAL FEES) ORDER 2010)

Diocese

Payable by Diocesan Board of Finance

Liability of the Diocesan Bishop

Total

£

£

£

Bath and Wells

37,236

21,866

59,102

Birmingham

22,902

17,964

40,866

Blackburn

24,316

21,594

45,910

Bradford

16,389

21,619

38,008

Bristol

22,530

17,656

40,186

Canterbury

25,920

20,365

46,285

Carlisle

27,373

18,918

46,291

Chelmsford

41,114

24,029

65,143

Chester

30,289

20,548

50,837

Chichester

33,129

24,323

57,452

Coventry

21,099

20,933

42,032

Derby

25,340

20,753

46,093

Durham

24,619

21,502

46,121

Ely

27,210

21,241

48,451

Exeter

38,123

22,282

60,405

Gloucester

28,257

20,143

48,400

Guildford

20,654

21,648

42,302

Hereford

27,839

21,025

48,864

Leicester

26,411

18,367

44,778

Lichfield

37,019

23,473

60,492

Lincoln

42,597

17,281

59,878

Liverpool

24,483

21,667

46,150

London

39,498

25,648

65,146

Manchester

26,760

23,764

50,524

Newcastle

24,272

17,426

41,698

Norwich

45,138

18,628

63,766

Oxford

55,175

18,031

73,206

Peterborough

27,665

23,016

50,681

Portsmouth

15,932

23,193

39,125

Ripon and Leeds

21,960

18,883

40,843

Rochester

25,666

20,849

46,515

St Albans

31,379

22,971

54,350

St Edmundsbury and Ipswich

33,943

21,970

55,913

Salisbury

37,279

21,133

58,412

Sheffield

22,763

19,642

42,405

Southwark

29,624

26,147

55,771

Southwell and Nottingham

25,105

21,256

46,361

Truro

24,979

18,407

43,386

Wakefield

21,886

20,724

42,610

Winchester

27,180

21,004

48,184

Worcester

21,655

20,094

41,749

York

36,433

22,476

58,909
2 FEES PAYABLE TO PROVINCIAL REGISTRARS

TABLE II

FEES PAYABLE TO PROVINCIAL REGISTRARS

PART A

FEES PAYABLE TO THE PROVINCIAL REGISTRARS (SUBSTITUTED FOR TABLE II, PART A, OF SCHEDULE 1 TO THE LEGAL OFFICERS (ANNUAL FEES) ORDER 2010)

Fee

£

1.

Annual fee for Joint Registrars of the Province of Canterbury

134,640

2.

Annual fee for Registrar of the Province of York

62,950

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 annual fee payable 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 20033or in respect of any disciplinary matters arising under or in relation to that Measure including under sections 30 and 31.

(In respect of such advice, a fee calculated in accordance with the Solicitors’ (Non-Contentious Business) Remuneration Order 19944shall be payable by the bishop (except in relation to advice and other work for which a fee is payable under the Ecclesiastical Judges, Legal Officers and Others (Fees) Order for the time being in force made under section 6 of the Ecclesiastical Fees Measure 1986).)

SCHEDULE 2

Article 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 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 advice to churchwardens and secretaries of PCCs 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 19945;

(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...

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