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The Ecclesiastical Judges, Legal Officers and Others (Fees) Order 2017

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Proceedings before the consistory court

4.—(1) This article applies in relation to proceedings in a consistory court.

(2) In the case of each matter specified in the first column of Table 1, the fee specified in the second or third column is payable to the chancellor or the registrar (as the case may be).

Table 1

Chancellor

£

Registrar

£

1.Submission of petition for a faculty.49204
2.Application for an injunction or restoration order under section 13 of the Care of Churches and Ecclesiastical Jurisdiction Measure 1991(1) (“the 1991 Measure”).49204
3.The making of an injunction or restoration order under section 13 of the 1991 Measure on the court’s own initiative.49204
4.Application for an order under section 18 of the 1991 Measure.63146
5.Application for a determination under section 68(12) of the Mission and Pastoral Measure 2011(2).104104
6.Commencement of any other proceedings which a consistory court has jurisdiction to hear and determine.63146
7.Application for security for costs (otherwise than at a hearing in respect of which a fee is payable under item 8) —
(a) at a hearing258204
(b) without a hearing.128102
8.The giving of directions or the making of an interlocutory order—
(a) at a hearing258204
(b) without a hearing.128102
9.The making of an order that proceedings are to be determined on the consideration of written representations (including the giving of directions for the purpose of determining proceedings on such a consideration).-102
10.Consideration of written representations (per hour).128-
11.The holding of a hearing (other than a hearing solely for giving directions or making an interlocutory order)—
(a) for each period of half a day or less;321255
(b) for each period of more than half a day and up to a whole day.642510
12.Inspection of a location, a church or other building or anything else (except where the inspection takes place on the same occasion as a hearing) (per hour).128102
13.Preparation of written judgment or form of order (per hour).128-
14.Application for assessment of costs by the registrar.-204
15.Lodging an appeal to the chancellor against an assessment of costs by the registrar.214-
16.Application to set aside or amend a faculty, judgment, order or decree.15853
17.Application to vary a lease or any term of a lease under section 68(7) of the Mission and Pastoral Measure 2011.63146
18.Preparatory or ancillary work, including sending correspondence (per hour).-142

(3) In the case of a matter which comes within item 10, 12, 13 or 18, the chancellor or the registrar (as the case may be) must certify the number of hours spent.

(4) In the case of a matter which comes within item 18, a fee is payable only in exceptional circumstances and if the chancellor so directs.

(5) In the case of a matter for which no fee is specified in Table 1, a fee is payable to the registrar of the amount for the time being prescribed under section 92 of the Courts Act 2003(3) in the case of the equivalent matter in the High Court.

(6) 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—

(a)a reference in this article to the chancellor is to be read as a reference to the Vicar-General, and

(b)a reference in this article to the registrar is to be read as a reference to the registrar of the province of Canterbury acting as registrar of the Vicar-General’s court.

(3)

2003 c.39; relevant amendments have been made by the Constitutional Reform Act 2005.

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