Search Legislation

Ecclesiastical Fees (Amendment) Measure 2011

Status:

This is the original version (as it was originally enacted).

SCHEDULES

Section 1(2)

SCHEDULE 1Schedule inserted as Schedule A1 to the 1986 Measure

PART 1TABLE OF MATTERS TO WHICH PAROCHIAL FEES RELATE

  • BAPTISMS

    Certificate issued at time of baptism

    Short certificate of baptism given under Section 2 of the Baptismal Registers Measure 1961 (9 & 10 Eliz. 2 No. 2))

  • MARRIAGES

    Publication of banns of marriage

    Certificate of banns issued at time of publication

    Marriage service in church

    Service of Prayer and Dedication after a Civil Marriage, in church

    Service of Thanksgiving for marriage in church

  • FUNERALS AND BURIALS OF PERSONS AGED 16 YEARS OR MORE

    A.

    Service in church

    Funeral service in church, whether taking place before or after burial or cremation

    Burial in churchyard immediately preceding or following on from service in church

    Burial in cemetery immediately preceding or following on from service in church

    Cremation immediately preceding or following on from service in church

    Burial of body in churchyard on separate occasion

    Burial of cremated remains in churchyard or other lawful disposal of remains on separate occasion

    Burial in cemetery on separate occasion

    Memorial service in church

    B.

    No service in church

    Service at graveside

    Service in crematorium or cemetery

    Burial of body in churchyard

    Burial of cremated remains in churchyard or other lawful disposal of remains

    C.

    Certificate issued at time of burial

  • MONUMENTS IN CHURCHYARDS

    Permitted in accordance with rules, regulations or directions made by the Chancellor including those relating to a particular churchyard or part of a churchyard (but excluding a monument authorised by a particular faculty) including inscription on existing monument

  • SEARCHES IN CHURCH REGISTERS ETC

    Searching registers of marriages for period before 1st July 1837—

    • (for up to 1 hour)

    • (for each subsequent hour or part of an hour)

    Searching registers of baptisms or burials (including provision of one copy of any entry)

    • (for up to 1 hour)

    • (for each subsequent hour or part of an hour)

    Each additional copy of an entry in a register of baptisms or burials

    Inspection of instrument of apportionment or agreement for exchange of land for tithes deposited under the Tithe Act 1836 (6 & 7 Will. 4 c. 71)

    Furnishing copies of above (for every 72 words)

PART 2EXPLANATORY NOTES ON PART 1

Burial on a separate occasion

1In relation to the fee for a burial in a churchyard, “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.

Burial of infant

2No 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 16 years.

Burial of cremated remains in churches or closed churchyards

3Where 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, who shall specify the person or persons entitled to receive them.

Monuments in churchyards

4Different 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 who shall specify the person or persons entitled to receive them.

Searches in Church Registers, etc.

5The 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

6In this Schedule—

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

  • “cemetery” means a burial ground maintained by a burial authority;

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

  • “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.

Section 4(2)

SCHEDULE 2Consequential Amendments

1The enactments listed in this Schedule shall be amended as follows.

The Marriage Act 1949 (12, 13 & 14 Geo. 6 c. 76)

2In section 63(1) of the Marriage Act 1949, after the word “fee” there shall be inserted the words “, payable, in the case of a fee previously payable to an incumbent, to the parochial church council of the parish,”.

The Local Authorities’ Cemeteries Order 1977 (S.I. 1977/204)

3The Local Authorities’ Cemeteries Order 1977 shall be amended as follows—

(a)in Article 15(2), at the end there shall be added the words “, except that, in the case of fees collected for services rendered by a minister of the Church of England, the fees shall be paid to the diocesan board of finance to which fees are payable under section 1 of the Ecclesiastical Fees Measure 1986”;

(b)Article 15(4) shall be omitted; and

(c)in Article 17(1), for the words from “shall be entitled” to the end there shall be substituted the words “section 1 of the Ecclesiastical Fees Measure 1986 (1986 No. 2) shall have effect where any funeral service is conducted by a person mentioned in subsection (1) of that section”.

The Parochial Registers and Records Measure 1978 (1978 No. 2)

4Section 20 of the Parochial Registers and Records Measure 1978 shall be amended as follows—

(a)in subsection (2)(b), for the word “incumbent” there shall be substituted the words “diocesan board of finance”;

(b)in subsection (3), after the word “incumbent” there shall be inserted the words “and to the parochial church council of the parish”; and

(c)for subsection (5) there shall be substituted the following subsection—

(5)Nothing in subsections (2) and (3) above shall be taken as affecting the powers of local authorities under section 1 of the Local Government (Records) Act 1962 (power to promote adequate use of records)..

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources