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Ecclesiastical Fees (Amendment) Measure 2011

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This is the original version (as it was originally enacted).

Part 1Parochial Fees

1Preparation of Parochial Fees Order

(1)For section 1 of the Ecclesiastical Fees Measure 1986 (1986 No. 2) there shall be substituted the following section—

1Preparation of Parochial Fees Order

(1)The Archbishops’ Council may prepare a draft of an order (to be known as a “Parochial Fees Order”) which prescribes, subject to subsection (8), the amount of the parochial fees payable to a parochial church council or to a diocesan board of finance or to both in respect of the matters set out in Schedule A1 where those matters relate to duties carried out by a clerk in holy orders or by a duly licensed deaconess, reader or lay worker.

(2)A draft order prepared under subsection (1) may prescribe that no fee shall be payable in respect of any matter that may be specified.

(3)A draft order prepared under subsection (1) may contain such incidental matters as the Archbishops’ Council shall consider necessary or desirable, which may include provision specifying costs and expenses which are to be included in the prescribed fee in respect of any specified matter.

(4)Subject to subsection (5), a draft order prepared under subsection (1) may prescribe fees for a period or periods, not exceeding, in total, a period of 5 years and any increase in fees may be prescribed by specifying that increase or by means of an arithmetical formula or a formula related to a published index of price or earnings increases which is of general application or by means of a combination of both such formulas.

(5)If, before the expiry of the period for which fees have been prescribed by a Parochial Fees Order, the Archbishops’ Council has not made a further order, or has made a further order which has been annulled in pursuance of a resolution of either House of Parliament, the fees prescribed by the Parochial Fees Order shall continue in force until a further order comes into force.

(6)The Archbishops’ Council may prepare a draft of an order to amend Schedule A1 by altering, omitting or adding to any of the matters set out, including any note in Part 2 (referred to in this Measure as a “Scheduled Matters Amending Order”).

(7)In this section—

  • “parochial church council” means—

    (a)

    where the fee relates to a burial or funeral service taking place in a church or churchyard, the council of the parish where the church or churchyard is situated,

    (b)

    where the fee relates to a burial or funeral service which takes place otherwise than in a church or churchyard, the council of the parish on whose electoral roll the deceased was entered, provided that where the deceased was entered on the electoral roll of more than one parish, the fee shall be shared equally between each of the councils of those parishes,

    (c)

    where the fee relates to a burial or funeral service which takes place otherwise than in a church or churchyard and the deceased was not entered on any electoral roll, the council of the parish where the deceased had his or her usual place of residence, and

    (d)

    in any other case, the council of the parish where the service or other event to which the fee relates takes place;

  • “diocesan board of finance” means—

    (a)

    where the fee relates to a burial or funeral service which takes place in a church or churchyard, the diocesan board of finance of the diocese in which the church or churchyard is situated,

    (b)

    where the fee relates to a burial or funeral service which takes place otherwise than in a church or churchyard, the diocesan board of finance of the diocese within which the deceased was a parishioner, provided that, where the deceased was a parishioner in more than one diocese, the fee shall be shared equally between each of the diocesan boards of finance, and, for this purpose, the parish in question shall be construed in accordance with paragraphs (b) and (c) of the definition of “parochial church council” and “parishioner” shall have effect accordingly, and

    (c)

    in any other case, the diocesan board of finance of the diocese where the service or other event to which the fee relates takes place.

(8)Where the relevant parish is a parish of which a cathedral is the parish church any fees which would, apart from this subsection, be payable to the parochial church council or to the diocesan board of finance, shall, instead, be payable to the corporate body of the cathedral.

(9)The incumbent or priest in charge of the benefice or, where there is no such person, the rural dean of the deanery, in which the relevant parish or the place where the service or other event takes place is situated, may waive any fee payable to the Diocesan Board of Finance, in a particular case.

(10)The incumbent or priest in charge of the benefice or, where there is no such person, the rural dean of the deanery, in which the relevant parish or the place where the service or other event takes place is situated, may, after consulting the churchwardens of that parish, waive any fee payable to the parochial church council of that parish, in a particular case.

(11)Any fee payable to the corporate body of a cathedral under subsection (8) may be waived on behalf of that body by the Chapter of the cathedral.

(12)This section applies in relation to fees payable under section 5 of the Burial Laws Amendment Act 1880 (43 & 44 Vict. c. 41) as it applies to the fees mentioned in subsection (1).

(13)This section shall have effect notwithstanding section 12 of the Cremation Act 1902 (2 Edw. 7 c. 8).

(14)Subsection (1) shall apply in relation to banns of matrimony published by a layman under section 9(2) of the Marriage Act 1949 (12, 13 & 14 Geo. 6 c. 76) as it applies in relation to banns of matrimony published by a clerk in holy orders.

(15)Subsection (1) shall apply in relation to searches allowed to be made in a register book of baptisms or burials and to the giving of certified copies of entries in such a book by a churchwarden under section 20(1) of the Parochial Registers and Records Measure 1978 (1978 No. 2) as it applies in relation to searches allowed and copies of entries given by an incumbent or priest in charge..

(2)Schedule A1 to the 1986 Measure is set out in Schedule 1 to this Measure.

2Amendment of section 2 of the 1986 Measure

In subsections (1), (2), (3) and (4) of section 2 of the 1986 Measure, after the words “Parochial Fees Order” there shall be inserted, in each place, the words “or Scheduled Matters Amending Order”.

Part 2Ecclesiastical Judges’ and Legal Officers’ Fees

3Constitution of Fees Advisory Commission and Ecclesiastical Judges and Legal Officers (Annual Fees) Orders

The 1986 Measure shall be further amended as follows—

(a)for section 4 there shall be substituted the following section—

4Constitution of Fees Advisory Commission

(1)There shall be a Fees Advisory Commission, which shall be constituted as follows—

(a)one member shall be a member of the House of Bishops of the General Synod nominated by that House;

(b)one member shall be a Church Commissioner or an officer of the Church Commissioners nominated by them;

(c)one member shall be the chairman of a diocesan board of finance nominated by representatives of dioceses;

(d)one member shall be a registrar of a diocese nominated by the Ecclesiastical Law Association;

(e)one member shall be a chancellor of a diocese nominated by the Ecclesiastical Judges Association;

(f)one member shall be the registrar of the province of Canterbury or the province of York nominated by the two registrars acting jointly;

(g)three members shall be appointed by the Appointments Committee of the Church of England who are not eligible for nomination under any of paragraphs (a) to (f), of whom at least one but not more than two must be members of the House of Clergy or the House of Laity of the General Synod.

(2)In the event of a disagreement between the registrars of the provinces of Canterbury and York as to the nomination of a member under subsection (1)(f), the first such nomination after the coming into force of section 3 of the Ecclesiastical Fees (Amendment) Measure 2011 shall be decided by drawing lots and, thereafter, the registrars shall serve for alternate terms of office.

(3)As soon as practicable after each ordinary election of the General Synod new members of the Commission shall be nominated or appointed and shall hold office until, after the next such ordinary election, a new member is nominated or appointed to replace that member.

(4)In subsection (1)(c) “representatives of dioceses” means persons, being officers or members of a diocesan board of finance or members of the House of Clergy or the House of Laity of the General Synod elected for a diocese, chosen under arrangements approved by the Archbishops of Canterbury and York acting jointly to represent dioceses in consultations on financial matters.

(5)The members of the Commission shall be eligible for renomination or reappointment.

(6)If any member dies or resigns his or her office the relevant body responsible for appointing or nominating that member shall, as soon as practicable, appoint or nominate a member to fill the vacancy and a person so appointed or nominated shall hold office only for the unexpired portion of the term of office of the person in whose place that person was appointed or nominated and shall be eligible for reappointment or renomination.

(7)There shall be a member known as the Chair of the Commission, who shall be chosen by the Commission from among the members appointed under subsection (1)(g).

(8)The quorum of the Commission shall be three members, of whom one member shall be a member nominated under subsection (1)(a), (b) or (c), one member shall be a member nominated under subsection (1)(d), (e) or (f) and one member shall be a member appointed under subsection (1)(g).

(9)Subject to subsection (8), the Commission may act notwithstanding any vacancy in its membership.

(10)Subject to subsection (8), the Commission shall have power to regulate its own procedure.; and

(b)for section 5(1) there shall be substituted the following subsection—

(1)The Fees Advisory Commission shall inform itself of the duties of the offices of ecclesiastical judges and legal officers and may make recommendations as to the annual fees to be paid to them in respect of such of those duties as are specified by the Commission, and the Commission may make an order to give effect to its recommendations..

Part 3General

4Consequential amendments and repeals

(1)The 1986 Measure shall be further amended as follows—

(a)section 3 is repealed; and

(b)in section 10—

(i)at the beginning of the definitions there shall be inserted the following definitions—

  • “church” means a parish church, a place licensed for public worship by the bishop under section 29(1) or a building designated as a parish centre of worship by the bishop under section 29(2) of the Pastoral Measure 1983 (1983 No. 1) and, in relation to marriage only, a public chapel licensed for the solemnization of marriages under section 20 of the Marriage Act 1949 or an authorised chapel within the meaning of section 78(1)(a) of that Act, provided that the marriage takes place in accordance with the licence or as mentioned in section 78(1)(a), as the case may be, but does not include any church or chapel in or belonging to any extra-parochial place which is licensed by the bishop under section 21 of that Act and “churchyard” shall be construed accordingly;

  • “churchyard” includes the curtilage of a church and a burial ground of a church, whether or not immediately adjoining a church;,

(ii)the definition of “parish” shall be omitted, and

(iii)for the definition of “parochial fees” there shall be substituted the following definition—

  • “parochial fees” means any fees prescribed in respect of any of the matters set out in Schedule A1..

(2)The enactments referred to in Schedule 2 shall have effect subject to the amendments set out in that Schedule, being amendments consequential on Part 1.

(3)In section 20(1) of the Marriage Act 1949 the words “provisions concerning the amount, appropriation or apportionment of dues and such other” are repealed.

5Transitional provisions

(1)Any member of the Fees Advisory Commission holding office on the coming into force of Part 2 shall continue in office until a new member is nominated or appointed in that member’s place.

(2)Any incumbent holding office on the coming into force of this section who is entitled to receive a fee relating to any matter under a Parochial Fees Order shall, if he or she—

(a)has not assigned that fee to the diocesan board of finance of the diocese in which the benefice of which he or she is the incumbent is situated or, in the case of an incumbent of a benefice comprising a parish of which a cathedral is the parish church, to the corporate body of the cathedral, and

(b)notifies the bishop of the diocese in writing within the period of six months from the coming into force of this section that he or she wishes to preserve that entitlement,

so long as he or she holds office, be entitled to receive the fee which would, apart from this subsection, be payable to the diocesan board of finance or the corporate body of the cathedral, as the case may be.

(3)Any Parochial Fees Order in force on the coming into force of Part 1 shall continue in force until it is replaced or amended by a subsequent Parochial Fees Order.

6Citation, commencement and extent

(1)This Measure may be cited as the Ecclesiastical Fees (Amendment) Measure 2011.

(2)This Measure shall come into force on such day as the Archbishops of Canterbury and York shall jointly appoint, and different days may be appointed for different provisions.

(3)This Measure shall extend to the whole of the provinces of Canterbury and York except the Channel Islands and Isle of Man, but—

(a)may be extended to the Channel Islands as defined in the Channel Islands (Church Legislation) Measures 1931 and 1957, or either of them, in accordance with those Measures, and

(b)if an Act of Tynwald or an instrument made under an Act of Tynwald so provides, shall extend to the Isle of Man subject to such exceptions, adaptations or modifications as may be specified in the Act of Tynwald or instrument.

(4)In this Measure “the 1986 Measure” means the Ecclesiastical Fees Measure 1986.

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