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The Legal Officers (Annual Fees) Order 2022

As Enacted Cited authorities 29 Cited in Related
Vincent
JurisdictionUK Non-devolved
CitationSI 2022/879
Year2022

2022 No. 879

Ecclesiastical Law, England

The Legal Officers (Annual Fees) Order 2022

Made 9th July 2022

Laid before Parliament 1st August 2022

Coming into force 1st January 2023

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 2022.

(2) This Order comes into operation on 1st January 2023.

(3) In this Order—

(a)

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

(b)

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

S-2 Annual fees

Annual fees

2. Schedule 1 sets out the annual fees payable—

(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

Revocation

4. The Legal Officers (Annual Fees) Order 20214is revoked.

S-5 Duties of the diocesan registrar

Duties of the diocesan registrar

5. A diocesan registrar is not 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 precludes 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 must—

(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 is to 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.

A. Spriggs

J. Munro

W.E. Husselby

R. Cooper

C. Fender

+D. Williams

L.M. Connacher

G. Tattersall

C. Smith

Fees Advisory Commission

Church House, London

27th May 2022

A. S. McGregor

Registrar of the General Synod

SCHEDULE 1

Article 2

Fees payable under this Order

1 Annual fees payable to diocesan registrars in respect of 2023

TABLE 1

Annual fees payable to diocesan registrars in respect of 2023

Diocese

Payable by diocesan board of finance

Liability of the diocesan bishop

Total

£

£

£

Bath and Wells

78,900

46,332

125,232

Birmingham

48,569

38,096

86,665

Blackburn

51,608

45,832

97,440

Bristol

48,757

38,209

86,966

Canterbury

54,165

42,559

96,724

Carlisle

57,106

39,468

96,574

Chelmsford

86,370

50,478

136,848

Chester

63,970

43,397

107,367

Chichester

70,939

52,081

123,020

Coventry

45,585

45,226

90,811

Derby

53,755

44,023

97,778

Durham

49,747

43,448

93,195

Ely

55,116

43,024

98,140

Exeter

82,252

48,073

130,325

Gloucester

60,256

42,951

103,207

Guildford

44,352

46,488

90,840

Hereford

58,373

44,086

102,459

Leeds

69,603

70,686

140,289

Leicester

56,641

39,388

96,029

Lichfield

79,074

50,141

129,215

Lincoln

92,158

37,387

129,545

Liverpool

49,629

43,920

93,549

London

92,362

59,976

152,338

Manchester

53,913

47,878

101,791

Newcastle

51,897

37,258

89,155

Norwich

94,828

39,136

133,964

Oxford

126 061

41,195

167,256

Peterborough

56, 932

47,366

104,298

Portsmouth

33,502

48,770

82,272

Rochester

53,939

43,817

97,756

St Albans

66,226

48,480

114,706

St Edmundsbury and Ipswich

68,747

44,498

113,245

Salisbury

81,249

46,058

127,307

Sheffield

46,774

40,360

87,134

Southwark

67,031

59,164

126,195

Southwell and Nottingham

51,230

43,376

94,606

Truro

53,396

39,248

92,744

Winchester

57,557

44,478

102,035

Worcester

48,066

44,602

92,668

York

79,719

49,181

128,900
2 Annual fees payable to provincial registrars in respect of 2023

TABLE 2

Annual fees payable to provincial registrars in respect of 2023

PART A

Fees payable

Fee

£

1.

Annual fee for joint registrars of the province of Canterbury

171,588

2.

Annual fee for joint registrars of the province of York

90,158

PART B

Duties and professional services not falling within the scope of the annual fee

SCH-1.1

1.—(1) Duties and professional services in connection with the matters mentioned in sub-paragraph (2) do not fall within the scope of the annual fee payable to provincial registrars.

(2) The matters referred to in sub-paragraph (1) are 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 annual fee paid to him or her under this Order include—

(a) giving advice to the diocesan bishop, suffragan bishops, archdeacons, chairs of the houses of the diocesan synod, rural deans, lay chairs and secretaries of deanery synods, incumbents and all other clergy, 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 chairs 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;

(b) acting as registrar to the diocesan synod and attendance at its meetings;

(c) attendance at the bishop’s council and standing committee if required by that committee;

(d) occasional attendance at meetings of diocesan boards, councils and committees for the purpose of giving advice on specific matters;

(e) maintaining all such records of the diocese as are customarily kept by the diocesan registrar including the making of entries in those records, 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 paragraphs (a) and (f);

(f) giving advice to churchwardens and secretaries of parochial church councils on any legal matter properly arising in connection with their duties or official business;

(g) 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;

(h) 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;

(i) 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;

(j) 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 20097is payable;

(k) attendance at episcopal visitations (other than visitations by the diocesan bishop of the cathedral church of the diocese);

(l) 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—

(i) ordination;

(ii) certification of ordination;

(iii) presentation to a benefice;

(iv) commission for institution or collation;

(v) admission to freehold office;

(vi) certification of institution or collation;

(vii) licensing of non-residence, for legalising house of residence;

(viii) resignation (other than resignation of an incumbent);

(ix) admission to office of rector under the Mission and Pastoral Measure 20118;

(x) licensing under that Measure of a vicar in a team ministry;

(xi) designation under that Measure of a parish centre of worship under Part 5 of that Measure for the purposes of the Marriage Act 19499and other purposes;

(xii) licensing of clerks in holy orders and deaconesses;

(xiii) delegation by bishop of archidiaconal powers under the Church of England (Miscellaneous Provisions) Measure 198310;

(xiv) delegation by bishop of episcopal powers under the Dioceses, Pastoral and Mission Measure 200711;

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

(xvi) matters relating to sequestrations;

(xvii) provision of agreements to form a conventional district;

(xviii) consent to hold preferment under the Ecclesiastical Jurisdiction Measure 196312;

(xix) licensing of unconsecrated church or place of worship...

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