The Legal Officers (Annual Fees) Order 2019

2019 No. 1187

Ecclesiastical Law, England

The Legal Officers (Annual Fees) Order 2019

Made 21th May 2019

Laid before Parliament 6th August 2019

Coming into force 1st January 2020

In accordance with section 86(11) of the Ecclesiastical Jurisdiction and Care of Churches Measure 20181this Order has been laid before, and approved by, the General Synod.

The Fees Advisory Commission, in exercise of the powers conferred by section 86(3) of that Measure, makes the following Order:

S-1 Citation, commencement and interpretation

Citation, commencement and interpretation

1.—(1) This Order may be cited as the Legal Officers (Annual Fees) Order 2019.

(2) This Order comes into operation on 1st January 2020.

(3) In this Order—

(a)

(a) “diocesan board of finance” means in relation to a diocese, the board of that name constituted under the Diocesan Boards of Finance Measure 19252; and

(b)

(b) “the 2018 Measure” means the Ecclesiastical Jurisdiction and Care of Churches Measure 2018.

S-2 Annual fees

Annual fees

2. Schedule 1 sets out the fees payable in respect of the year 2020—

(a) to diocesan registrars in respect of the duties of their office specified in Schedule 2; and

(b) 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.

S-3 Payment of fees

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 archbishop3.

S-4 Revocation of 2018 Order

Revocation of 2018 Order

4. The Legal Officers (Annual Fees) Order 20184is revoked.

S-5 Duties of the diocesan registrar

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.

S-6 Supplementary annual fee

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)

(a) be in writing;

(b)

(b) be expressed to be an agreement made in accordance with this article; and

(c)

(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.

S-7 Travel, subsistence and accommodation

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.

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) the amount of Value Added Tax chargeable is payable in addition to that fee.

J O Alpass

A Magowan

N A Blackie

W E Husselby

J Munro

J R Jones

V J H Rees

G Tattersall

S Trott

The Fees Advisory Commission

Church House, London

21st May 2019

A. S. McGregor

Registrar of the General Synod

SCHEDULE 1

Article 2

Fees payable under this Order

1 Fees payable to diocesan registrars in respect of 2019

TABLE 1

Fees payable to diocesan registrars in respect of 2019

Diocese

Payable by diocesan board of finance

Liability of the diocesan bishop

Total

£

£

£

Bath and Wells

66,275

38,919

105,194

Birmingham

40,257

31,788

72,316

Blackburn

42,557

37,794

80,351

Bristol

39,756

31,156

70,913

Canterbury

45,164

35,486

80,650

Carlisle

47,340

32,718

80,058

Chelmsford

72,395

42,310

114,705

Chester

53,623

36,378

90,000

Chichester

59,501

43,684

103,185

Coventry

37,214

36,921

74,135

Derby

44,540

36,476

81,016

Durham

41,740

36,499

78,288

Ely

46,095

35,983

82,078

Exeter

68,854

40,242

109,096

Gloucester

50,025

35,659

85,683

Guildford

36,692

38,459

75,150

Hereford

48,574

36,685

85,258

Leeds

58,660

59,572

118,231

Leicester

46,958

32,655

79,613

Lichfield

66,185

41,968

108,153

Lincoln

76,966

31,224

108,190

Liverpool

41,331

36,576

77,907

London

78,217

50,791

129,009

Manchester

45,101

40,053

85,154

Newcastle

43,327

31,105

74,432

Norwich

78,995

32,601

111,596

Oxford

105,262

34,398

139,660

Peterborough

47,162

39,237

86,399

Portsmouth

27,848

40,539

68,388

Rochester

44,730

36,336

81,066

St Albans

55,404

40,557

95,960

St Edmundsbury and Ipswich

56,807

36,769

93,575

Salisbury

67,587

38,314

105,901

Sheffield

39,059

33,703

72,762

Southwark

55,345

48,850

104,195

Southwell and Nottingham

42,195

35,725

77,920

Truro

44,634

32,891

77,525

Winchester

48,015

37,174

85,280

Worcester

39,650

36,793

76,444

York

66,437

40,987

107,424

2 Fees payable to provincial registrars in respect of 2019

TABLE 2

Fees payable to provincial registrars in respect of 2019

PART A

Fees payable

Fee

£

1.

Fee in respect of 2019 for joint registrars of the province of Canterbury

163,155

2.

Fee in respect of 2019 for joint registrars of the province of York

104,760

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 20035or 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

SCH-2.1

1. Professional services to be provided by the diocesan registrar

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 19946;

(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 section 86 of the 2018 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)

(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 Mission and Pastoral Measure 20117(“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 19498and other purposes

(j)

(j) licensing of clerks in holy orders and deaconesses

(k)

(k) delegation by bishop of archidiaconal powers under the Church of England (Miscellaneous Provisions) Measure 19839

(l)

(l) delegation by bishop of episcopal powers under the Dioceses, Pastoral and Mission Measure 200710

(m)

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

(n)

(n) matters relating to sequestrations

(o)

(o) provision of agreements to form a conventional district

(p)

(p) consent to hold preferment under the Ecclesiastical Jurisdiction Measure 196311

(q)

(q) licensing of unconsecrated church...

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