Ecclesiastical Fees (Amendment) Measure 2011

PART 2 EXPLANATORY NOTES ON PART 1

Burial on a separate occasion

1 In relation to the fee for a burial in a churchyard, “on separate occasion” means on any occasion other than immediately preceding or following on from a service in church and “immediately preceding” includes the day before the day on which the service, burial or cremation takes place and “following on” includes the day after the service, burial or cremation takes place.

Burial of infant

2 No fee is payable in respect of the funeral or burial of a still-born infant, or for the funeral or burial of a child dying before attaining the age of 16 years.

Burial of cremated remains in churches or closed churchyards

3 Where cremated remains are buried in or under a church or in a closed churchyard, the fees payable to the parochial church council and the diocesan board of finance or either of them are—

(a) where burial is authorised by a general faculty, the fee prescribed for burial in a churchyard;

(b) where burial is authorised by a particular faculty, such sums as may be determined by the Chancellor, who shall specify the person or persons entitled to receive them.

Monuments in churchyards

4 Different fees may be prescribed for different types of monument and a separate fee may be prescribed for inscription on a monument.

Where a monument in a churchyard is erected or an additional inscription on a monument is made under the authority of a particular faculty, the fees payable to the parochial church council and the diocesan board of finance or either of them shall be such sums as may be determined by the Chancellor who shall specify the person or persons entitled to receive them.

Searches in Church Registers, etc.

5 The search fee relates to a ‘particular search’ where the approximate date of the baptism, marriage or burial is known. The fee for a more general search of a church register is negotiable with the parochial church council and the diocesan board of finance.

Definitions

6 In this Schedule—

• “burial” includes deposit in a vault or brick grave and the interment or deposit of cremated remains;

• “cemetery” means a burial ground maintained by a burial authority;

• “Chancellor” means the judge of the consistory court or commissary court of the bishop or archbishop of the diocese;

• “monument” includes a headstone, cross, kerb, border, vase, chain, railing, tablet, plaque, marker, flatstone, tombstone or tomb of any other kind;

• “prescribed” means prescribed by a Parochial Fees Order.