Ecclesiastical Jurisdiction and Care of Churches Measure 2018

Amendments of the Care of Cathedrals Measure 2011

30 After section 20 insert—

“20A Costs

(1) The Vicar-General’s court may, at any stage of proceedings instituted under section 18, order a party to give security for costs.

(2) The Vicar-General’s court may make an order against a party to proceedings instituted under section 18 for payment of—

(a) taxed costs,

(b) a specified proportion of the taxed costs,

(c) the taxed costs from or up to a specified stage of the proceedings, or

(d) a specified gross sum in lieu of taxed costs.

(3) The power to tax costs under this section is exercisable by a registrar; and the power must be exercised in the prescribed manner.

(4) Where an order for payment of costs is made under subsection (2)(a), (b) or (c), a party to the proceedings may appeal against the registrar’s taxation to the Vicar-General’s court.

(5) An appeal under subsection (4) is to be lodged and conducted in such manner as may be prescribed.

(6) On an appeal under subsection (4), the Vicar-General may confirm or vary the registrar’s taxation.

(7) Costs ordered to be paid under this section are, if the county court so orders, recoverable—

(a) under a warrant issued by the county court (see section 85 of the County Courts Act 1984), or

(b) otherwise as if the sum were payable under an order of the county court.

(8) For the purposes of subsection (7), a certificate stating that the sum specified is the sum due to be paid by the person referred to, and purporting to be signed by the registrar of the diocese or province in which the award for costs was made, is conclusive evidence of the facts certified.

(9) In this section, “costs” includes fees, charges, disbursements, expenses and remuneration.

20B Payment of expenses of courts by Archbishops’ Council

(1) The Archbishops’ Council must pay the costs and expenses of the Vicar-General’s court for the purposes of proceedings instituted under section 18, except in so far as they are payable by any other person under section 20A or an order or rule for the time being in force.

(2) Before making a payment under subsection (1), the Archbishops’ Council must be satisfied that the costs or expenses are reasonable in amount.

(3) The Church Commissioners may make contributions from their general fund in relief of the liability of the Archbishops’ Council under this section.”