Ecclesiastical Fees Measure 1986 No. 2

SCHEDULES

[F1 SCHEDULE A1 E

Textual Amendments

F1 Sch. A1 inserted (1.7.2011) by Ecclesiastical Fees (Amendment) Measure 2011 (No. 2), ss. 1(2), 6(2), Sch. 1 (with s. 5(3)); 2011 No. 1, art. 2

PART 2 E EXPLANATORY NOTES ON PART 1

Burial on a separate occasion E

1 E F2 ... “On separate occasion” means on any occasion other than immediately preceding or following on from a service in church and “immediately preceding” includes the day before the day on which the service, burial or cremation takes place and “following on” includes the day after the service, burial or cremation takes place.

Textual Amendments

F2 Words in Sch. A1 Pt. 2 para. 1 omitted (1.1.2020) by virtue of The Parochial Fees and Scheduled Matters Amending Order 2019 (S.I. 2019/752), arts. 1(2), 3(2)

[F3 Burial of child] E

Textual Amendments

F3 Sch. A1 Pt. 2 para. 2 cross-heading substituted (1.1.2020) by The Parochial Fees and Scheduled Matters Amending Order 2019 (S.I. 2019/752), arts. 1(2), 3(3)

2 E No fee is payable in respect of the funeral or burial of a still-born infant, or for the funeral or burial of a child dying before attaining the age of [F4 18 years].

Textual Amendments

F4 Words in Sch. A1 Pt. 2 para. 2 substituted (1.1.2020) by The Parochial Fees and Scheduled Matters Amending Order 2019 (S.I. 2019/752), arts. 1(2), 3(4)

Burial of cremated remains in churches or closed churchyards E

3 E Where cremated remains are buried in or under a church or in a closed churchyard, the fees payable to the parochial church council and the diocesan board of finance or either of them are—

(a) where burial is authorised by a general faculty, the fee prescribed for burial in a churchyard;

(b) where burial is authorised by a particular faculty, such sums as may be determined by the Chancellor [F5 under section 87 of the Ecclesiastical Jurisdiction and Care of Churches Measure 2018] , who shall specify the person or persons entitled to receive them.

Textual Amendments

F5 Words in Sch. A1 para. 3(b) inserted (1.9.2018) by Ecclesiastical Jurisdiction and Care of Churches Measure 2018 (No. 3), s. 99(2), Sch. 3 para. 9 (with Sch. 4 Pt. 1); S.I. 2018/720, art. 2

Monuments in churchyards E

4 E Different fees may be prescribed for different types of monument and a separate fee may be prescribed for inscription on a monument.

Where a monument in a churchyard is erected or an additional inscription on a monument is made under the authority of a particular faculty, the fees payable to the parochial church council and the diocesan board of finance or either of them shall be such sums as may be determined by the Chancellor [F6 under section 87 of the Ecclesiastical Jurisdiction and Care of Churches Measure 2018] who shall specify the person or persons entitled to receive them.

Textual Amendments

F6 Words in Sch. A1 para. 4 inserted (1.9.2018) by Ecclesiastical Jurisdiction and Care of Churches Measure 2018 (No. 3), s. 99(2), Sch. 3 para. 9 (with Sch. 4 Pt. 1); S.I. 2018/720, art. 2

Searches in Church Registers, etc. E

5 E The search fee relates to a ‘particular search’ where the approximate date of the baptism, marriage or burial is known. The fee for a more general search of a church register is negotiable with the parochial church council and the diocesan board of finance.

Definitions E

6 E In this Schedule—

• “ burial ” includes deposit in a vault or brick grave and the interment or deposit of cremated remains;

• [F7 “cemetery” means any burial ground other than a churchyard];

• “ Chancellor ” means the judge of the consistory court or commissary court of the bishop or archbishop of the diocese;

• [F8 “lawful disposal”, in respect of cremated remains, means disposal in a manner permitted by canon;]

• “ monument ” includes a headstone, cross, kerb, border, vase, chain, railing, tablet, plaque, marker, flatstone, tombstone or tomb of any other kind;

• “ prescribed ” means prescribed by a Parochial Fees Order. ]

Textual Amendments

F7 Words in Sch. A1 Pt. 2 para. 6 substituted (1.1.2020) by The Parochial Fees and Scheduled Matters Amending Order 2019 (S.I. 2019/752), arts. 1(2), 3(5)

F8 Words in Sch. A1 para. 6 inserted (1.1.2015) by The Parochial Fees and Scheduled Matters Amending Order 2014 (S.I. 2014/813), arts. 1(2), 3(2)