The Legal Officers (Annual Fees) Order 2015

JurisdictionEngland & Wales
CitationSI 2015/1613

2015No. 1613

ECCLESIASTICAL LAW, ENGLAND

The Legal Officers (Annual Fees) Order 2015

1stJune2015

21stAugust2015

1stJanuary2016

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 2015.

(2) It comes into operation on 1st January 2016.

(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 annual fees payable-

(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 2014 Order

4. The Legal Officers (Annual Fees) Order 2014( 4) is revoked.

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 annual 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.

J Alpass

H Dellar

C Fletcher

M Goddard

J Jones

J Rees

E Renshaw

G Tattersall

S Trott

The Fees Advisory Commission

Church House, London

1st June 2015

This Order was approved by the General Synod on 10th July 2015

Jacqui Philips

Clerk to the Synod

SCHEDULE 1

Article 2

Fees payable under this Order

TABLE 1

Annual fees payable to diocesan registrars

Diocese

Payable by diocesan board of finance

Liability of the diocesan bishop

Total

£

£

£

Bath and Wells

43,768

25,702

69,470

Birmingham

27,204

21,338

48,543

Blackburn

28,328

25,158

53,486

Bristol

26,336

20,639

46,974

Canterbury

30,228

23,751

53,979

Carlisle

32,184

22,243

54,427

Chelmsford

48,880

28,567

77,447

Chester

35,433

24,038

59,471

Chichester

38,941

28,589

67,530

Coventry

24,858

24,663

49,521

Derby

29,893

24,481

54,374

Durham

28,377

24,784

53,162

Ely

31,185

24,343

55,528

Exeter

44,985

26,292

71,276

Gloucester

32,947

23,485

56,432

Guildford

24,347

25,519

49,866

Hereford

32,556

24,588

57,144

Leeds

58,896

59,811

118,707

Leicester

31,082

21,614

52,696

Lichfield

44,192

28,022

72,214

Lincoln

49,689

20,158

69,848

Liverpool

28,323

25,064

53,387

London

48,181

31,287

79,467

Manchester

30,885

27,428

58,313

Newcastle

28,483

20,449

48,932

Norwich

52,735

21,764

74,498

Oxford

66,617

21,770

88,387

Peterborough

31,698

26,372

58,070

Portsmouth

18,503

26,936

45,439

Rochester

29,739

24,159

53,898

St Albans

36,176

26,482

62,658

St Edmundsbury and Ipswich

38,719

25,061

63,780

Salisbury

43,594

24,712

68,306

Sheffield

26,027

22,458

48,486

Southwark

35,348

31,199

66,547

Southwell and Nottingham

28,659

24,265

52,923

Truro

28,847

21,257

50,104

Winchester

32,286

24,950

57,236

Worcester

25,278

23,456

48,734

York

42,824

26,419

69,244

TABLE 2

Annual fees payable to provincial registrars

PART A

Fees payable

Fee

£

1.

Annual fee for joint registrars of the province of Canterbury

168,615

2.

Annual fee for registrar of the province of York

74,385

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 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

1. Subject to the restrictions contained in paragraphs 2 and 3, 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);

(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)...

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