Ecclesiastical Fees (Amendment) Measure 2011

Yn ddilys o 01/10/2011

3 Constitution of Fees Advisory Commission and Ecclesiastical Judges and Legal Officers (Annual Fees) Orders E

The 1986 Measure shall be further amended as follows—

(a) for section 4 there shall be substituted the following section—

“4 Constitution of Fees Advisory Commission

(1) There shall be a Fees Advisory Commission, which shall be constituted as follows—

(a) one member shall be a member of the House of Bishops of the General Synod nominated by that House;

(b) one member shall be a Church Commissioner or an officer of the Church Commissioners nominated by them;

(c) one member shall be the chairman of a diocesan board of finance nominated by representatives of dioceses;

(d) one member shall be a registrar of a diocese nominated by the Ecclesiastical Law Association;

(e) one member shall be a chancellor of a diocese nominated by the Ecclesiastical Judges Association;

(f) one member shall be the registrar of the province of Canterbury or the province of York nominated by the two registrars acting jointly;

(g) three members shall be appointed by the Appointments Committee of the Church of England who are not eligible for nomination under any of paragraphs (a) to (f), of whom at least one but not more than two must be members of the House of Clergy or the House of Laity of the General Synod.

(2) In the event of a disagreement between the registrars of the provinces of Canterbury and York as to the nomination of a member under subsection (1)(f), the first such nomination after the coming into force of section 3 of the Ecclesiastical Fees (Amendment) Measure 2011 shall be decided by drawing lots and, thereafter, the registrars shall serve for alternate terms of office.

(3) As soon as practicable after each ordinary election of the General Synod new members of the Commission shall be nominated or appointed and shall hold office until, after the next such ordinary election, a new member is nominated or appointed to replace that member.

(4) In subsection (1)(c) “representatives of dioceses” means persons, being officers or members of a diocesan board of finance or members of the House of Clergy or the House of Laity of the General Synod elected for a diocese, chosen under arrangements approved by the Archbishops of Canterbury and York acting jointly to represent dioceses in consultations on financial matters.

(5) The members of the Commission shall be eligible for renomination or reappointment.

(6) If any member dies or resigns his or her office the relevant body responsible for appointing or nominating that member shall, as soon as practicable, appoint or nominate a member to fill the vacancy and a person so appointed or nominated shall hold office only for the unexpired portion of the term of office of the person in whose place that person was appointed or nominated and shall be eligible for reappointment or renomination.

(7) There shall be a member known as the Chair of the Commission, who shall be chosen by the Commission from among the members appointed under subsection (1)(g).

(8) The quorum of the Commission shall be three members, of whom one member shall be a member nominated under subsection (1)(a), (b) or (c), one member shall be a member nominated under subsection (1)(d), (e) or (f) and one member shall be a member appointed under subsection (1)(g).

(9) Subject to subsection (8), the Commission may act notwithstanding any vacancy in its membership.

(10) Subject to subsection (8), the Commission shall have power to regulate its own procedure.”; and

(b) for section 5(1) there shall be substituted the following subsection—

“(1) The Fees Advisory Commission shall inform itself of the duties of the offices of ecclesiastical judges and legal officers and may make recommendations as to the annual fees to be paid to them in respect of such of those duties as are specified by the Commission, and the Commission may make an order to give effect to its recommendations.”.