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The Parochial Fees and Scheduled Matters Amending Order 2014

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Statutory Instruments

2014 No. 813

Ecclesiastical Law, England

The Parochial Fees and Scheduled Matters Amending Order 2014

Made

20th March 2014

Laid before Parliament

27th March 2014

Coming into force

1st January 2015

In accordance with section 2(1) of the Ecclesiastical Fees Measure 1986(1) (“the Measure”) a draft of this Order has been laid before, and approved by, the General Synod.

The Archbishops’ Council, in exercise of the powers conferred by sections 1(1), (2), (3) and (6) and 2 of the Measure, makes the following Order:

PART 1Citation, commencement and interpretation

Citation, commencement and interpretation

1.—(1) This Order may be cited as the Parochial Fees and Scheduled Matters Amending Order 2014.

(2) It comes into operation on 1st January 2015.

(3) In this Order “the Measure” means the Ecclesiastical Fees Measure 1986.

PART 2Amendment of Scheduled Matters

Amendment of Part 1 of Schedule A 1 to the Measure

2.—(1) Part 1 of Schedule A1 to the Measure is amended as follows.

(2) For “Burial in churchyard immediately preceding or following on from service in church” substitute—

  • Burial of body in churchyard immediately preceding or following on from service in church

  • Burial or other lawful disposal of cremated remains in churchyard immediately preceding or following on from service in church.

(3) For “Burial in cemetery immediately preceding or following on from service in church” substitute—

  • Burial of body, or burial or other lawful disposal of cremated remains, in cemetery immediately preceding or following on from service in church.

(4) For “Burial in cemetery on separate occasion” substitute—

  • Burial of body, or burial or other lawful disposal of cremated remains, in cemetery on separate occasion.

(5) For “Service at graveside” substitute—

  • Funeral service (including burial of body) at graveside in churchyard

  • Funeral service (including burial or other lawful disposal of cremated remains) in churchyard.

(6) For “Service in crematorium or cemetery” substitute—

Funeral service in crematorium or funeral service (including burial of body or burial or other lawful disposal of cremated remains) in cemetery.

(7) After “Burial of body in churchyard” insert “(committal only)”.

(8) After “Burial of cremated remains in churchyard or other lawful disposal of remains” insert “(committal only)”.

Amendment of Part 2 of Schedule A1 to the Measure

3.—(1) Part 2 of Schedule A1 to the Measure is amended as follows.

(2) In paragraph 6, after the definition of “Chancellor” insert the following definition—

“lawful disposal”, in respect of cremated remains, means disposal in a manner permitted by canon;.

PART 3Parochial Fees

Period for which fees are prescribed

4.  The following provisions of this Part apply for the purpose of prescribing parochial fees for the period 1st January 2015 to 31st December 2019.

Base figures

5.  In this Part “the base figure” for a matter listed in the table in Schedule 1 is the amount specified for that matter in the table for the diocesan board of finance or (as the case may be) the parochial church council.

Prescribed fees

6.—(1) The parochial fees payable to a parochial church council and to a diocesan board of finance in respect of the period mentioned in article 4 are prescribed as follows.

(2) The fee payable in the calendar year 1st January to 31st December 2015 for a matter specified in the table in Schedule 1 is the base figure for that matter increased by the percentage by which the Retail Prices Index for September 2014 is greater than that for September 2013.

(3) The fee payable in each subsequent calendar year for a matter in the table in Schedule 1 is the fee payable for that matter in the preceding calendar year (“Year A”) increased by the percentage by which the Retail Prices Index for September in Year A is greater than that for September in the calendar year preceding Year A.

(4) But where there is no increase in the Retail Prices Index, the percentage for the purposes of paragraph (2) or (3) is to be treated as zero.

Supplementary

7.—(1) Schedule 2 contains incidental provisions that apply in relation to the parochial fees prescribed by article 6.

(2) Article 6 is subject to section 1(8) of the Measure (which provides that where the relevant parish is a parish of which a cathedral is the parish church, any fees which would, apart from that subsection, be payable to the parochial church council or to the diocesan board of finance, are instead payable to the corporate body of the cathedral).

The draft of this Order was approved by the General Synod on 11th February 2014

J. Philips

Clerk to the Synod

Church House, Westminster

The Common Seal of the Archbishops’ Council was affixed on 20th March 2014

Legal seal

D.P. White

R. Norval

Church House, Westminster

SCHEDULES

Article 5

SCHEDULE 1Parochial Fees: base figures

MatterDiocesan board of financeParochial church councilTotal
£.p£.p£.p
BAPTISMS
Certificate issued at time of baptism013.0013.00
Short certificate of baptism given under Section 2 Baptismal Registers Measure 1961013.0013.00
MARRIAGES
Publication of banns of marriage027.0027.00
Certificate of banns issued at time of publication013.0013.00
Marriage service in church (*)184.00220.00404.00
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 (*)94.0080.00174.00
Burial of body in churchyard immediately preceding or following on from service in church12.00266.00278.00
Burial or other lawful disposal of cremated remains in churchyard immediately preceding or following on from service in church12.00108.00120.00
Burial of body, or burial or other lawful disposal of cremated remains, in cemetery immediately preceding or following on from service in church25.00025.00
Cremation immediately preceding or following on from service in church25.00025.00
Burial of body in churchyard on separate occasion37.00266.00303.00
Burial of cremated remains in churchyard or other lawful disposal of remains on separate occasion37.00108.00145.00
Burial of body, or burial or other lawful disposal of cremated remains, in cemetery on separate occasion49.0013.0062.00
B. No service in church
Funeral service (including burial of body) at graveside in churchyard94.00266.00360.00
Funeral service (including burial or other lawful disposal of cremated remains) in churchyard94.00108.00202.00
Funeral service in crematorium or funeral service (including burial of body or burial or other lawful disposal of cremated remains) in cemetery147.0027.00174.00
Burial of body in churchyard (committal only)37.00266.00303.00
Burial of cremated remains in churchyard or other lawful disposal of remains (committal only)37.00108.00145.00
C. Certificate issued at time of burial013.0013.00
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—
Small cross of wood (†)12.0028.0040.00
Small vase not exceeding 305mm x 203mm x 203mm or tablet, plaque or other marker commemorating a person whose remains have been cremated (†)12.0054.0066.00
Any other monument (†)12.00113.00125.00
Additional inscription on existing monument12.0013.0025.00
SEARCHES IN CHURCH REGISTERS ETC.
Searching registers of marriages for period before 1st July 1837—
for up to one hour027.0027.00
for each subsequent hour or part of an hour027.0027.00
Searching registers of baptisms or burials (including provision of one copy of any entry therein)—
for up to one hour027.0027.00
for each subsequent hour or part of an hour027.0027.00
Each additional copy of an entry in a register of baptisms or burials013.0013.00
Inspection of instrument of apportionment or agreement for exchange of land for tithes deposited under Tithe Act 1836000
Furnishing copies of above (for every 72 words)013.0013.00

Article 7(1)

SCHEDULE 2Incidental provisions

Certificates and certified copies

1.—(1) The fee for a certificate issued at the time of baptism is for a certified copy of the entry in the register book of baptisms giving the particulars required in Form No 1 in Schedule 1 to the Parochial Registers and Records Measure 1978(2).

(2) The fees payable for a certified copy of an entry in a register book of baptisms issued at any other time are the fees prescribed for searching registers of baptisms or burials and, if applicable, for each additional copy of an entry in a register of baptisms or burials.

(3) Any fee prescribed under the heading “SEARCHES IN CHURCH REGISTERS ETC.” for a copy of an entry in a register or of an instrument or other document, is for a certified copy; and where provision of a copy is included in the fee for searching a register, that fee includes the provision of a certified copy.

Costs and expenses included in prescribed fees

2.  Where a matter is marked (*) in the table in Schedule 1, any costs and expenses incurred in relation to that matter in respect of routine administration (including arranging dates and times and the making of entries in registers), making the church available and lighting it are included in the fee prescribed as payable to the parochial church council.

Parish church cathedrals

3.  Where section 1(8) of the Measure applies, paragraph 2 applies as if the reference to the parochial church council were to the corporate body of the cathedral.

Approval of inscriptions

4.  The fees prescribed for matters marked (†) in the table in Schedule 1 include fees in respect of the approval of the original inscription by the incumbent.

Burial Laws Amendment Act 1880

5.  In the case of a burial under the Burial Laws Amendment Act 1880(3), the fees payable are those prescribed in respect of a funeral service (including burial of body) at graveside in churchyard.

Banns published by layman

6.  Where a layman publishes banns under section 9(2) of the Marriage Act 1949(4), the fees prescribed in respect of the publication of banns of marriage are payable.

Registers in custody of churchwardens

7.  Where a churchwarden allows a search to be made in a register of baptisms or burials or gives a copy of an entry in such a register under section 20(1) of the Parochial Registers and Records Measure 1978, the fees prescribed in respect of such searches and to the giving of such copies are payable.

EXPLANATORY NOTE

(This note is not part of the Order)

The Order amends Schedule A1 to the Ecclesiastical Fees Measure 1986 (which sets out the matters in respect of which parochial fees may be prescribed).

The Order goes on to prescribe the parochial fees payable for the period 1st January 2015 to 31st December 2019 in connection with marriages, funerals and burials and the erection of monuments in churchyards and in respect of other, miscellaneous matters.

(1)

1986 No. 2; relevant amendments were made by S.I. 1998/1715, S.I. 2012/993 and the Ecclesiastical Fees (Amendment) Measure 2011 (2011 No. 2).

(3)

43 & 44 Vict. c.41.

(4)

12, 13 & 14 Geo. 6 c. 76.

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