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The Ecclesiastical Judges, Legal Officers and Others (Fees) Order 1999

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PART I

Dean of the Arches, Vicar General or ChancellorRegistrar or other Officers by usage performing the duty
££

1.  Archdeacon’s Faculty. Fee payable on lodging petition (rule 3).

46

2.  Chancellor’s Faculty. Fees payable on lodging petition (rule 3).

3273

3.  Additional fees where the Chancellor has ordered under rule 25 that the proceedings are to be determined upon consideration of written representations, such fees, and by whom they are to be paid, to be fixed by the Chancellor within the limits shown.

114–18074–108

4.  On the registrar referring a petition in respect of which a fee has become payable under paragraph 1 of this Table to the Chancellor under rule 6(5), 7 or 9, the petitioner, if he wishes to proceed, shall pay a further fee of

3227

5.  Fees on the Judge, Court or registrar giving other directions (otherwise than at a hearing in respect of which fees are payable under paragraph 6 of this Table), such fees, and by whom they are to be paid, to be fixed by the Judge within the limits shown–

(a)on a pre-trial review of the case as a whole under rule 18–

(i)directions given by Judge

69–20746–137

(ii)directions given by registrar

69–207

(b)on the giving of other directions–

(i)directions given by Judge or Court

28–8319–54

(ii)directions given by registrar

28–83

6.  Fees where the issue, whether opposed or unopposed, whether interlocutory or final, is to be heard in Court or in Chambers before the Chancellor’s Court, the Vicar-General’s Court, the Arches Court of Canterbury or Chancery Court of York, or the Court of Ecclesiastical Causes Reserved–

(a)if the case lasts half a day or less

215163

(b)if the case lasts a whole day or more than half

362272
(fees on same scale for subsequent days)

7.  Fee on the Judge or other member of the Court preparing a written judgment or drafting the form of order or both, such fee to be at the hourly rate shown and in respect of the number of hours certified by the Judge or other member of the Court as spent in such work, and by whom the fee is to be paid to be determined by the Court.

34

8.  Preparatory and ancillary work and correspondence (if any) in relation to petition for faculty, appeal or other proceedings – not to exceed without the sanction of the Judge

32

9.—(a) No fees are payable under paragraphs 5, 6 and 7 to the members of the Court of Ecclesiastical Causes Reserved.

(b)In the case of the Arches Court of Canterbury or the Chancery Court of York (constituted in accordance with section 47(1)(b) of the Ecclesiastical Jurisdiction Measure 1963(1))–

(i)any fee payable under paragraph 5(b) to the Dean of the Arches shall be payable to each member of those Courts who joins in the giving of directions within that sub-paragraph;

(ii)any fee calculated in accordance with paragraph 6 payable under that paragraph to the Dean of the Arches shall be payable to each member of those Courts; and

(iii)a fee calculated in accordance with paragraph 7 shall be payable to each member of those Courts who prepares a separate written judgment or who is principally responsible for drafting the form of order or both.

(c)All other fees of the Registry (otherwise than in respect of an unopposed faculty petition which is not the subject of a hearing before the Consistory Court) are to be paid on the same scale as allowed for Court fees, from time to time, in the Supreme Court of Judicature.

(d)“Judge” means the Chancellor or Presiding Judge of the Appellate Court.

(e)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(2), “Chancellor” shall be taken as referring to the Vicar-General and “registrar” shall be taken as referring to the registrar of the province of Canterbury acting as registrar of the Vicar-General’s court.

(f)References to Rules are to the Faculty Jurisdiction Rules 1992(3).

(1)

1963 No. 1. Section 47 was amended by the Care of Churches and Ecclesiastical Jurisdiction Measure 1991, Schedule 4 paragraph 8.

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