The Ecclesiastical Judges, Legal Officers and Others (Fees) Order 2001

PART II

On the lodging of a petition for a faculty in respect of any building or part of a building, any curtilage of a building or any object or structure fixed to a building or part of a building or within its curtilage, which is subject to the faculty jurisdiction by virtue of section 3(2) of the Care of Places of Worship Measure 1999, a fee of £130 shall be payable to the Diocesan Board of Finance (within the meaning of the Diocesan Boards of Finance Measure 1925) of the diocese concerned (in this Order called “the Board”) in respect of work done in relation to the petition (before or after it is lodged) by the Diocesan Advisory Committee and any such work done by any archdeacon in the diocese:

Provided that:—

(1) The Board may in its discretion waive the whole or part of that fee in a particular case where it considers that such waiver is appropriate having regard to any financial contribution to the funds of the diocese made by those responsible for the building concerned, those who worship regularly in that building or any other persons who in the Board’s opinion have a substantial interest in or connection with that building; and

(2) No fee shall be payable under this part of this Table in respect of any faculty petition relating to a building, part of a building, curtilage, object or structure where the building concerned is one specified in section 1(2)(e) or section 3(5) of the Care of Places of Worship Measure 1999.

TABLE II

ADDITIONAL FEES PAYABLE IN CONNECTION WITH APPEALS

	Fee
	£
1.  Application under rules 4–6 for leave to appeal or to determine the Court to which appeal lies or both. To be paid to the registrar specified below by the applicant on lodging the application—
for judge at first instance, or for the Dean of the Arches and Auditor if application is made to him	82
for registrar of the Court of first instance or, if the application is made to the Dean of the Arches and Auditor, for the registrar of the appellate court	47
2.  Appeal from decision of the Consistory Court or Vicar-General’s Court. To be paid to the registrars by the appellant on lodging the notice of appeal—
to the registrar of the court of first instance	156
to the registrar of the appellate court	80
Plus a fee, to be fixed by the registrar of the appellate court, in respect of the cost of preparing for the use of the members of the court five copies (in the case of the Court of Ecclesiastical Causes Reserved) or three copies (in the case of the Arches Court of Canterbury or the Chancery Court of York constituted in accordance with section 47(1)(b) of the Ecclesiastical Jurisdiction Measure 1963) of the following documents— (i) the record of the proceedings at first instance and any other documents and exhibits transmitted by the registrar of the court of first instance to the registrar of the appellate court; (ii) the note by the judge of the proceedings at first instance; to be paid to the registrar of the appellate court by the appellant when assessed by the registrar.
3.  Petition for Review under rule 17. To be paid to the registrar of the Court of Ecclesiastical Causes Reserved by the petitioner on lodging petition.	156
4.  Interlocutory application within rule 19. To be paid to the registrar of the appellate court by the applicant on lodging the application.	21
5.  Appeal against the decision of the registrar of the appellate court on an interlocutory application. To be paid to the registrar of appellate court by the appellant on lodging notice of appeal.	21

NOTES:

(a) References to rules are to the Faculty Jurisdiction (Appeals) Rules 1998(1)

(b) The fees set out above are in addition to those set out in Table I.

TABLE III

FEES FOR PROCEEDINGS IN RESPECT OF ECCLESIASTICAL OFFENCES

This Table applies to proceedings (including proceedings authorised to be taken and appeals) of the descriptions specified in sections 6(i)(a) or 10(i)(a) of the Ecclesiastical Jurisdiction Measure 1963.

	Judge	Registrar
	£	£
1.  Fees payable on the Judge or Court giving directions (otherwise than at a hearing in respect of which fees are payable under paragraph 2 of this Table), such as fees to be fixed by the Judge within the limits shown.	30–224	21–148
2.  Fees payable where the issue, whether interlocutory or final, is heard in Court or in Chambers—
(a) if the case lasts half a day or less	233	177
(b) if the case lasts a whole day or more than half	393	295
(fees on same scale for subsequent days)
3.  Fee on the Judge preparing a written judgment 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 Judge as spent on such work.	36	—
4.  On an appeal to the Arches Court of Canterbury, the Chancery Court of York or the Court of Ecclesiastical Causes Reserved, a fee, to be fixed by and paid to the registrar of the appellate court, in respect of the cost of preparing for the use of the members of the Court five copies of the following documents— (a) the notice of appeal; (b) the record of the proceedings at first instance and any other documents and exhibits transmitted by the registrar of the court of first instance to the registrar of the appellate court; (c) the note by the judge of the proceedings at first instance and any transcript of the judgment or any other part of the proceedings; (d) all other documents required for the use of the Court. 5.  Fee in respect of all other work carried out by the Registrar in his capacity as such, in relation to proceedings to which this Table applies, on or after the date on which the proceedings were instituted in accordance with the Ecclesiastical Jurisdiction Measure 1963 or on which a person was authorised to act as complainant in accordance with that Measure (including preparatory and ancillary work and correspondence) — the fee to be calculated at an hourly rate fixed by the Judge in respect of the number of hours certified by the registrar and approved by the Judge as spent on such work. 6.—(a) Subject to sub-paragraph (b) below, paragraphs 1–3 above apply to the Consistory Court, the Arches Court of Canterbury, the Chancery Court of York and the Court of Ecclesiastical Causes Reserved. (b) “Judge” means the Chancellor or other presiding Judge of any Court concerned, provided that no fees are to be payable under this Table to any member of the Court of Ecclesiastical Causes Reserved. (c) “Registrar” means the registrar of the Consistory Court, the Arches Court of Canterbury, the Chancery Court of York or the Court of Ecclesiastical Causes Reserved. (d) Subject to any other order or direction by any Court concerned, fees under this Table are to be paid in accordance with section 62 of the Ecclesiastical Jurisdiction Measure 1963 or as if they were costs or expenses to which that section applies.

TABLE IV

FEES PAYABLE ON TAXATION OF COSTS

	Fee
	£
1.  To be paid to registrar by party applying for taxation on lodging application.	19
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 PAYABLE FOR PERMISSIONS UNDER THE OVERSEAS AND OTHER CLERGY (MINISTRY AND ORDINATION) MEASURE 1967(2) AND ANNUAL FEES PAYABLE TO THE VICARS-GENERAL

	Fee
	£
1.  Fee payable to the Provincial Registrar for permission under the Overseas Clergy (Ministry and Ordination) Measure 1967.	61
2.  Annual fee for the Vicar-General of the Province of Canterbury.	1,794
3.  Annual fee for the Vicar-General of the Province of York.	1,457

NOTE:

These fees are the liability of the Archbishop, subject to the provisions of section 8 of the Ecclesiastical Fees Measure 1986.

(1)

S.I. 1998/1713.

(2)

1967 No. 3.