Ecclesiastical Judges and Legal Officers (Fees) Order 1991

SCHEDULE

TABLE I FACULTY AND COURT FEES SUBSTITUTED FOR TABLE I OF THE SCHEDULE TOTHE ECCLESIASTICAL JUDGES AND LEGAL OFFICERS (FEES) ORDER 1990

	Dean of the Arches, Vicar General or Chancellor	Registrar or other Officers by usage performing the duty
	£	£
Notes: (a) Any other fees of the Registry in opposed cases are to be paid on the same scale as are allowed for Court fees, from time to time, in the Supreme Court of Judicature. (b) References to rules are references to The Faculty Jurisdiction Rules 1967 as amended by The Faculty Jurisdiction (Amendment) Rules 1987 and 1989.
1.  Archdeacon’s Certificate. Fee payable on application(rule 3(1)).	–	16
2.  Major Faculty (being matters enumerated by the Chancellor). Fees payable on lodging Petition (rule 4(1)).	23	49
3.  Minor Faculty (all other cases). Fees payable on lodging Petition (rule 4(1)).	13	27
4.  Additional fees where the Judge has ordered under rule 6A that the proceedings are to be determined upon consideration of written representations, such fees, and by whom they are to be paid, to be fixed by the Judge within the limits shown.	78–131	53–78
5.  On the Judge giving directions under rule 8 that an application for an Archdeacon’s Certificate is to be treated as a Petition for a Major Faculty, the applicant, if he wishes to proceed, shall pay further fees of	23	33
6.  On the Judge giving directions under rule 8 that an application for an Archdeacon’s Certificate is to be treated as a Petition for a Minor Faculty, the applicant, if he wishes to proceed, shall pay further fees of	13	11
7.  Additional fees on the Judge or registrar giving other directions (otherwise than at a hearing in respect of which fees are payable under paragraph 8 of this Table), such fees, and by whom they are to be paid, to be fixed by the Judge within the limits shown:– (a) on a pre-trial review of the case as a whole under rule 5A(8):– (i) directions given by Judge	50–150	33–100
(ii) directions given by registrar	–	50–150
(b) on the giving of other directions:– (i) directions given by Judge	20–60	13–40
(ii) directions given by registrar.	–	20–60
8.  Additional fees where the issue, whether opposed or unopposed, whether interlocutory or final, is to be heard in Court or Chambers:– (a) cases before the Chancellor’s Court or the Court of Arches or the Chancery Court of York: (i) if a case lasts half a day or less	157	118
(ii) if a case lasts a whole day or more than half	262	197
(b) cases before the Court of Ecclesiastical Causes Reserved: (i) if a case lasts half a day or less	–	66
(ii) if a case lasts a whole day or more than half	–	131
(fee on same scales for subsequent days)
9.  Additional fee on the Chancellor or the Presiding Judge of the Appellate Court preparing a written judgement or drafting the form of order or both, such fee to be at the hourly rate shown and in respect of the number of hours certified by the Chancellor or Presiding Judge as spent in such work, and by whom the fee is to be paid to be determined by the Court.	25	–
10.  Preparatory and ancillary work and correspondence (if any) in relation to application for Archdeacon’s Certificate or Petition for Major or Minor Faculty–not to exceed without the sanction of the Chancellor or the Presiding Judge of the Appellate Court.	–	24

TABLE II FEES SUBSTITUTED FOR TABLE II OF THE SCHEDULE TO THEECCLESIASTICAL JUDGES AND LEGAL OFFICERS (FEES) ORDER 1990

	Fee £
Note: These fees are the liability of the Archbishop, subject to the provisions of section 8 of the Ecclesiastical Fees Measure 1986.
1.  Fee payable to Provincial Registrar for permission under Overseas and Other Clergy (Ministry and Ordination) Measure 1967	42
2.  Annual fee for Vicar-General of the Province of Canterbury	1,198
3.  Annual fee for Vicar-General of the Province of York	974

TABLE III FEES PAYABLE IN CONNECTION WITH APPEALS IN FACULTY CASESSUBSTITUTED FOR TABLE III OF THE SCHEDULE TO THE ECCLESIASTICALJUDGES AND LEGAL OFFICERS (FEES) MEASURE 1990

	Fee £
Notes: (a) References to rules are to the Ecclesiastical Jurisdiction (Faculty Appeals) Rules 1965. (b) The fees set out above are in addition to those set out in Table I.
1.  Application under rule 3 to determine the Court to which appeal lies (except where application is made immediately after giving of judgement). To be paid to registrar by applicant on lodging application– for chancellor	55
for registrar	31
2.  Appeal under rule 4. To be paid to registrars by appellant on lodging notice of appeal– to registrar of diocese	104
to registrar of appellate court	53
Plus, where appeal is to Court of Ecclesiastical Causes Reserved, a fee, to be fixed by registrar of Court of Ecclesiastical Causes Reserved, in respect of the cost of preparing five copies for the use of the members of the Court of the documents to be transmitted by the registrar of the diocese under rule 4(5)(b), the notice of appeal and the documents to be furnished by the appellant under rule 4(7). To be paid to registrar of Court of Ecclesiastical Causes Reserved by appellant when assessed by registrar.
3.  Petition for Review under rule 9. To be paid to registrar of Court of Ecclesiastical Causes Reserved by petitioner on lodging petition.	104
4.  Interlocutory application under rule 11(2). To be paid to registrar of appellate court on lodging notice of appeal.	13
5.  Appeal under rule 11(6). To be paid to registrar of appellate court by appellant on lodging notice of appeal.	13

TABLE IV FEES PAYABLE ON TAXATION OF COSTS IN DISCIPLINE AND FACULTY APPEALCASES SUBSTITUTED FOR TABLE IV OF THE SCHEDULE TO THEECCLESIASTICAL JUDGES AND LEGAL OFFICERS (FEES) ORDER 1990

	Fee £
1.  To be paid to registrar by party applying for taxation on lodging application	11
2.  To be paid to registrar by party applying on taxation of a bill of costs– (a) where the amount allowed does not exceed £1,000	50
(b) where the amount allowed exceeds £1,000– (i) for the first £1,000	50
(ii) for every £20 or fraction thereof over £1,000	0.50

TABLE V FEES FOR DUTIES UNDER THE PATRONAGE (BENEFICES) RULES 1987(1)SUBSTITUTED FOR TABLE V OF THE SCHEDULE TO THE ECCLESIASTICALJUDGES AND LEGAL OFFICERS (FEES) ORDER 1990

Fees for work by the diocesan registrar in connection with–

(a) any search in the register of patrons (“the register”) maintained under Part I of the Patronage (Benefices) Measure 1986(2) (rule 10(1));

(b) the making of any extract from the register (rule 10(1));

(c) supplying a certified copy of any entry in the register (rule 10(2));

except so far as the work is within the scope of the annual fee payable to the diocesan registrar under the Legal Officers (Annual Fees) Order for the time being in force made under section 5 of the Ecclesiastical Fees Measure 1986.

Fees payable to the diocesan registrar to be calculated in accordance with the Solicitors' Remuneration Order 1972(3) and to be payable by the person making the search or extract or requesting the certified copy.

Note:

References to rules are to The Patronage (Benefices) Rules 1987.

TABLE VI FEES FOR ELECTIONS TO THE GENERAL SYNOD SUBSTITUTED FOR TABLE VOF THE SCHEDULE TO THE ECCLESIASTICAL JUDGES AND LEGALOFFICERS (FEES) ORDER 1990

1.  Fees for duties required to be performed as presiding officer at general elections to the Lower Houses of the Convocations or to the House of Laity of the General Synod or at elections to fill vacancies if the full election procedure is used in accordance with Rule 35(1) of the Clergy Representation Rules 1975 to 1989 or Rule 39(5) of the Church Representation Rules, payable to the diocesan registrar where he acts as presiding officer.

£100 and a further £25 for every hour spent on counting votes

2.  Fee for duties required to be performed as presiding officer at elections to fill casual vacancies to the Lower Houses of the Convocations or to the House of Laity of the General Synod if the shortened procedure is used in accordance with Rule 35(3) and (4) of the Clergy Representation Rules 1975 to 1989 or Rule 39(6) of the Church Representation Rules, payable to the diocesan registrar where he acts as a presiding officer.

£25 for every hour spent on counting votes

(1)

S.I. 1987/773.

(2)

1986 No. 3.

(3)

S.I. 1972/1139.