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Part XE Costs

58 Payment of costs of bishop and promoter by Commissioners.E

The Commissioners may at their absolute discretion pay out of their general fund the whole or contribute any part of costs and expenses which have been incurred by—

(a)any archbishop or bishop (other than an archbishop or bishop himself accused of an offence cognisable under section fourteen of this Measure in relation to the costs and expenses incurred as a result of such accusation)—

(i)in or in relation to or directly or indirectly arising out of legal proceedings authorised, taken or contemplated in any court or before any commission, committee or examiner (and notwithstanding that proceedings are not eventually taken) by any person in respect of any offence cognisable under section fourteen of this Measure, or

(ii)in relation to any declaration made or to be made in accordance with the provisions of Part IX of this Measure; and

(b)any person nominated under the provisions of this Measure to promote proceedings in respect of any such offence as is mentioned in the foregoing subsection:

Provided that the Commissioners before paying the whole or any part of any costs and expenses in pursuance of this section shall first be satisfied that they are reasonable in amount.

59. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1E

Textual Amendments

60 Powers of courts and commissions in regard to costs.E

(1)[F2Subject, in the case of any party to whom legal aid is granted under [F3the Church of England (Legal Aid) Measure 1994], to rules made under section 4 of that Measure]Any court or commission having jurisdiction under this Measure shall have power at any stage of the proceedings to order any party to give security for costs.

(2)Any court, commission, committee or examiner shall have power at its discretion to make an order for payment of taxed costs against any party and may take into account the fact that the whole or part of the costs of a complainant or accused person are being or have been met out of the [F4Fund maintained under [F5the Church of England (Legal Aid) Measure 1994]].

(3)An award of costs to any person under the last foregoing subsection may direct that, instead of taxed costs, that person shall be entitled—

(a)to a proportion specified in the direction of the taxed costs or to the taxed costs from or up to a stage of the proceedings so specified; or

(b)to a gross sum so specified in lieu of taxed costs.

(4)In this section the expression “costs” includes fees, charges, disbursements, expenses and remuneration and the expression “taxed costs”[F6in relation to costs incurred by any person to whom legal aid is granted under the [F7Church of England (Legal Aid) Measure 1994], means costs taxed or assessed in accordance with rules made under section 4 of that Measure and in relation to costs incurred by any other person.]means costs taxed by a registrar in the prescribed manner.

[F8(5)Where an order for payment of taxed costs has been made under subsection (2) of this section any party to the proceedings may appeal to the chancellor of the diocese in which the proceedings took place against the registrar’s taxation, and on any such appeal the chancellor may confirm or vary the registrar’s taxation.

(6)An appeal under subsection (5) of this section shall be lodged and conducted in such manner as may be prescribed.]

Textual Amendments

Modifications etc. (not altering text)

61 Recovery of costs. E

(1)Where an order or direction for the payment of costs is made against any person under the last foregoing section such costs may be recovered by the person in whose favour the order for payment of costs is made by proceedings in the county court of the district in which the award or direction was made or, if the sum recoverable exceeds the amount which under any enactment for the time being in force is recoverable in the county court in respect of a contract debt, then by proceedings in the High Court of Justice, in either case in all respects as if the said sum was a contract debt payable by the person against whom the order was made.

(2)In any proceedings in a civil court for recovery of costs a certificate purporting to be signed by the registrar of the diocese or province within which the relevant award or direction for payment of costs was made, stating that the sum specified in the certificate is the sum due to be paid by the person mentioned therein pursuant to an order or direction for payment of costs under the last foregoing section, shall be conclusive evidence of the facts so certified.

Modifications etc. (not altering text)

62 Payment of expenses of courts, &c. by Central Board.E

(1)Save in so far as the same shall be payable by any other person under this Measure or any order or rule for the time being in force, the Central Board shall pay the costs and expenses of all courts, commissions, committees and examiners constituted or appointed under this Measure for the purpose of proceedings in respect of offences cognisable under section fourteen thereof:

Provided that the Central Board before paying the whole or any part of any costs and expenses in pursuance of this section shall first be satisfied that they are reasonable in amount.

(2)The Commissioners shall have power from time to time at their absolute discretion to contribute out of their general fund such sums as they shall think fit in relief of the liability of the Central Board under the foregoing subsection.

63 Fees payable in or in connection with proceedings under this Measure.E

The fees to be demanded, taken and received by any legal officer as remuneration for the performance by him of the duties of his office in or in connection with any proceedings or contemplated proceedings or otherwise under or arising out of the provisions of this Measure shall be fixed in manner provided by the [F9Ecclesiastical Fees Measure 1986]

Textual Amendments