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The Legal Officers (Annual Fees) Order 2010

Consolidated Text Cited authorities 35 Cited in Amendments 3 Related
Vincent
JurisdictionUK Non-devolved
CitationSI 2010/1912
Year2010

2010 No. 1912

Ecclesiastical Law, EnglandFees

The Legal Officers (Annual Fees) Order 2010

Made (Approved by the General Synod) 9th July 2010

Laid before Parliament 30th July 2010

Coming into force 1st January 2011

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 2010.

(2) This Order shall come into operation on the first day of January 2011.

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 2009 Order

Revocation of 2009 Order

4. The Legal Officers (Annual Fees) Order 20092is 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

David Williams

Clerk to the Synod

Church House, London

9th July 2010

SCHEDULE 1

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 2009)

TABLE I

ANNUAL FEES PAYABLE TO DIOCESAN REGISTRARS (SUBSTITUTED FOR TABLE I OF SCHEDULE 1 TO THE LEGAL OFFICERS (ANNUAL FEES) ORDER 2009)

Diocese

Payable by Diocesan Board of Finance

Liability of the Diocesan Bishop

Total

£

£

£

Bath and Wells

36,196

21,255

57,451

Birmingham

22,412

17,579

39,991

Blackburn

23,639

20,993

44,632

Bradford

15,881

20,950

36,831

Bristol

21,992

17,235

39,227

Canterbury

25,049

19,682

44,731

Carlisle

26,694

18,448

45,142

Chelmsford

40,385

23,602

63,987

Chester

29,533

20,036

49,569

Chichester

32,551

23,898

56,449

Coventry

20,567

20,405

40,972

Derby

24,810

20,319

45,129

Durham

23,954

20,921

44,875

Ely

26,330

20,554

46,884

Exeter

37,646

22,002

59,648

Gloucester

27,650

19,710

47,360

Guildford

20,135

21,104

41,239

Hereford

27,097

20,464

47,561

Leicester

25,703

17,874

43,577

Lichfield

35,782

22,689

58,471

Lincoln

41,339

16,770

58,109

Liverpool

23,791

21,053

44,844

London

38,426

24,952

63,378

Manchester

26,409

23,453

49,862

Newcastle

23,547

16,904

40,451

Norwich

44,008

18,162

62,170

Oxford

53,507

17,485

70,992

Peterborough

26,969

22,437

49,406

Portsmouth

15,537

22,617

38,154

Ripon and Leeds

21,416

18,415

39,831

Rochester

24,990

20,301

45,291

St Albans

30,434

22,279

52,713

St Edmundsbury and Ipswich

33,031

21,379

54,410

Salisbury

36,465

20,672

57,137

Sheffield

22,117

19,085

41,202

Southwark

29,079

25,666

54,745

Southwell and Nottingham

24,397

20,656

45,053

Truro

24,301

17,908

42,209

Wakefield

21,421

20,284

41,705

Winchester

26,931

20,812

47,743

Worcester

21,100

19,579

40,679

York

35,581

21,951

57,532
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 2009)

Fee

£

1.

Annual fee for Joint Registrars of the Province of Canterbury

128,970

2.

Annual fee for Registrar of the Province of York

64,165

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

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 following matters—

(...

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