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The Ecclesiastical Judges, Legal Officers and Others (Fees) Order 2004

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SCHEDULETABLE I

FACULTY AND OTHER FEES

Except where the contrary intention appears, this Table and Table II apply to the following proceedings—

(a)Faculty petitions and other faculty proceedings (including appeals);

(b)Proceedings for an injunction or a restoration under section 13(4) and (5) of the Care of Churches and Ecclesiastical Jurisdiction Measure 1991 (including appeals); and

(c)Proceedings under section 4 of the Care of Cathedrals (Supplementary Provisions) Measure 1994(1) (including appeals).

PART I

Dean of the Arches, Vicar General or ChancellorRegistrar or other Officers by usage performing the duty
££

1.  Archdeacon’s Faculty. Fee payable on lodging petition (rule 3).

56

2.  Chancellor’s Faculty. Fees payable on lodging petition (rule 3).

3785

3.  Additional fees where the Chancellor has ordered under rule 25 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 Chancellor within the limits shown.

134–21186–127

4.  On the registrar referring a petition in respect of which a fee has become payable under paragraph 1 of this Table to the Chancellor under rule 6(5), 7 or 9, the petitioner, if he wishes to proceed, shall pay a further fee of

3732

5.  Fees on the Judge, Court or registrar giving other directions (otherwise than at a hearing in respect of which fees are payable under paragraph 6 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 18—

(i)directions given by Judge

81–24456–161

(ii)directions given by registrar

81–244

(b)on giving of other directions—

(i)directions given by Judge or Court

33–9724–63

(ii)directions given by registrar

33–97

6.  Fees where the issue, whether opposed or unopposed, whether interlocutory or final, is to be heard in Court or in Chambers before the Chancellor’s Court, the Vicar-General’s Court, the Arches Court of Canterbury or Chancery Court of York, or the Court of Ecclesiastical Causes Reserved—

(a)if the case lasts half a day or less

253192

(b)if the case lasts a whole day or more than half

427320

(fees on same scale for subsequent days)

7.  Fee on the Judge or other member of the Court 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 or other member of the Court as spent in such work, and by whom the fee is to be paid to be determined by the Court.

39

8.  Preparatory and ancillary work and correspondence (if any) in relation to petition for faculty, appeal or other proceedings—not to exceed without the sanction of the Judge.

37

9.—(a) No fees are payable under paragraphs 5, 6 and 7 to the members of the Court of Ecclesiastical Causes Reserved.

(b)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)(2)—

(i)any fee payable under paragraph 5(b) to the Dean of the Arches shall be payable to each member of those Courts who joins in the giving of directions within that sub-paragraph;

(ii)any fee calculated in accordance with paragraph 6 payable under that paragraph to the Dean of the Arches shall be payable to each member of those Courts; and

(iii)a fee calculated in accordance with paragraph 7 shall be payable to each member of those Courts who prepares a separate written judgment or who is principally responsible for drafting the form of order or both.

(c)All other fees of the Registry (otherwise than in respect of an unopposed faculty petition which is not the subject of a hearing before the Consistory Court) are to be paid on the same scale as allowed for Court fees, from time to time, in the Supreme Court of Judicature.

(d)"Judge" means the Chancellor or Presiding Judge of the Appellate Court.

(e)Where the Vicar-General’s court of the Province of Canterbury exercises the faculty jurisdiction of the Consistory Court by virtue of section 3(5)(a) of the Care of Places of Worship Measure 1999(3), "Chancellor" shall be taken as referring to the Vicar-General and "registrar" shall be taken as referring to the registrar of the province of Canterbury acting as registrar of the Vicar-General’s court.

(f)References to Rules are to the Faculty Jurisdiction Rules 2000(4), and reference to any provision of the Rules shall include references to the corresponding provision of the Faculty Jurisdiction (Care of Places of Worship) Rules 2000(5) applying to faculty proceedings in relation to buildings, curtilages, objects and structures which are subject to the faculty jurisdiction by virtue of section 3(2) of the Care of Places of Worship Measure 1999.

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 £146 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 IIADDITIONAL FEES PAYABLE IN CONNECTION WITH APPEALS

Fee
£

NOTES

(a)

Reference to rules are to the Faculty Jurisdiction (Appeals) Rules (S.I. 1998/1713).

(b)

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

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

88

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

51

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

170

to the registrar of the appellate court

86
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.

170

4.  Interlocutory application within rule 19. To be paid to the registrar of the appellate court by the applicant on lodging the application

24

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.

24

TABLE IIIFEES 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.

JudgeRegistrar
££

1.  Fees payable on the Judge or Court giving directions (otherwise than at the hearing in respect of which fees are payable under paragraph 2 of this Table), such fees to be fixed by the Judge within the limits shown.

33–24424–161

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

253192

(b)if the case lasts a whole day or more than half

427320

(fees on same scale for subsequent days)

3.  Fee on the Judge 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 Judge as spent on such work.

39

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 they were costs or expenses to which that section applies.

TABLE IVFEES PAYABLE ON TAXATION OF COSTS

Fee
£

1.  To be paid to registrar by party applying for taxation on lodging application

22

2.  To be paid to registrar by party applying on taxation of a bill of costs—

(a)where the amount allowed 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 VFEES PAYABLE FOR PERMISSIONS UNDER THE OVERSEAS AND OTHER CLERGY (MINISTRY AND ORDINATION) MEASURE 1967(6) AND ANNUAL FEES PAYABLE TO THE VICARS-GENERAL

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 the Provincial Registrar for permission under the Overseas Clergy (Ministry and Ordination) Measure 1967.

66

2.  Annual Fee for the Vicar-General of the Province of Canterbury

1,948

3.  Annual fee for the Vicar-General of the Province of York.

1,582

TABLE VIFEES FOR DUTIES UNDER THE PATRONAGE (BENEFICES) RULES 1987(7)

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(8) (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' (Non-Contentious Business) Remuneration Order 1994(9) and to be payable by the person making the search to extract or requesting the certified copy.

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

TABLE VIIFEES FOR ELECTIONS TO THE GENERAL SYNOD

Fees for duties required to be performed as presiding officer at elections to the Lower Houses of the Convocations or to the House of Laity of the General Synod, payable to the diocesan registrar where he acts as presiding officer.Such fees, or fees calculated on such basis, as may be agreed from time to time between the diocesan registrar and the diocesan board of finance.
(2)

1963 No.1. Section 47 was amended by the Care of Churches and Ecclesiastical Jurisdiction Measure 1991, Schedule 4 paragraph 8.

(4)

S.I. 2000/2047.

(5)

S.I. 2000/2048.

(7)

S.I. 1987/773.

(9)

S.I. 1994/2616.

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