The Ecclesiastical Judges, Legal Officers and Others (Fees) Order 2019

EXPLANATORY NOTE

(This note is not part of the Order)

This Order revokes and replaces the Ecclesiastical Judges, Legal Officers and Others (Fees) Order 2018.

Article 2 makes provision for the chancellor or registrar (as the case may be) to determine in their discretion that a fee may be paid up to a maximum of the fee specified in any article, pursuant to the provisions of section 86 of the Ecclesiastical Jurisdiction and Care of Churches Measure 2018.

Article 3 sets the fee payable for submitting a petition in faculty proceedings under the Ecclesiastical Jurisdiction and Care of Churches Measure 2018.

Article 4 provides for the fee relating to certain functions under the Patronage (Benefices) Measure 1986 to be set by reference to the Solicitors’ (Non-Contentious Business) Remuneration Order 2009.

Article 5 sets the fees payable in faculty proceedings in the consistory court. In relation to the diocese of Canterbury, references in this article and in article 5 to the consistory court are to be read as references to the commissary court (see article 1(3)).

Article 6 sets the fees payable in proceedings on an appeal from a consistory court and which apply in the event of an intervention by the provincial court in the conduct of proceedings pending before a consistory court.

Article 7 sets the fees payable in proceedings on a review by a Commission of Review of certain decisions of the Cathedrals Fabric Commission for England under the Care of Cathedrals Measure 2011.

Article 8 sets the fees payable in proceedings in the Vicar-General’s court in the province of Canterbury or the province of York under the Care of Cathedrals Measure 2011.

Article 9 sets the fees payable in proceedings before the Court of Ecclesiastical Causes Reserved under the Ecclesiastical Jurisdiction Measure 1963 in relation to offences against the laws ecclesiastical involving matter of doctrine, ritual or ceremonial.

Article 10 sets the fees payable in proceedings on a review by a Commission of Review under section 11 of the Ecclesiastical Jurisdiction Measure 1963 or section 19 of the Ecclesiastical Jurisdiction and Care of Churches Measure of a finding of the Court of Ecclesiastical Causes Reserved.

Article 11 sets the fees payable in disciplinary proceedings brought under the Clergy Discipline Measure 2003.

Article 12 sets the fees payable in proceedings on an appeal under the Clergy Discipline Measure 2003.

Article 13 sets the fees payable in certain miscellaneous cases (including certain annual fees).

Article 14 provides that a fee under this Order may be increased to cover the expenses of travel, subsistence, accommodation and the holding of hearings.

Article 15 provides that the amounts set under this Order are exclusive of Value Added Tax (in the case of matters for which it is chargeable).

The revised fees under this Order will come into effect on 1st January 2020.