A Measure passed by the General Synod of the Church of England to make further provision with respect to ecclesiastical fees and for purposes connected therewith.
[18th March 1986]
Commencement Information
I1Measure not in force at Royal Assent see s. 12(3); Measure wholly in force at 01.09.1986
(1)The [F1Archbishops’ Council] may prepare a draft of an order (to be known as a “Parochial Fees Order”) which prescribes the amount of the parochial fees to be paid to the persons specified in that order in relation to the matters so specified.
(2)A draft order prepared under subsection (1) above may contain such incidental provisions as the [F1Archbishops’ Council] consider necessary or desirable.
Subordinate Legislation Made
P1S. 1: power conferred by s. 1 exercised by S.I. 1991/1758
Textual Amendments
F1Words in s. 1 substituted (1.1.1999) by S.I. 1998/1715, arts. 1(2)(4), 4(4), Sch. 2 para. 2(1); Instrument dated 14.10.1998 made by Archbishops of Canterbury and York
Modifications etc. (not altering text)
C1S. 1: Functions of the Church Commissioners transferred (1.1.1999) to Archbishops' Council by S.I. 1998/1715, arts. 1(2)(4), 3; Instrument dated 14.10.1998 made by Archbishops of Canterbury and York
(1)Every draft Parochial Fees Order shall be laid before the General Synod and if it is approved by the General Synod, whether with or without amendment, the draft order as so approved shall be referred to the [F2Archbishops’ Council.].
(2)Where a draft order is referred to the [F2Archbishops’ Council.] under subsection (1) above then—
(a)if it has been approved by the General Synod without amendment, the [F2Archbishops’ Council.] shall, by applying their seal, make the order;
(b)if it has been approved by the General Synod with amendment, the [F2Archbishops’ Council.] may either—
(i)by applying their seal make the order as so amended, or
(ii)withdraw the draft order for further consideration in view of any amendment made by the General Synod;
and a Parochial Fees Order shall not come into force until it has been sealed by the [F2Archbishops’ Council.].
(3)Where the Standing Committee of the General Synod determines that a draft Parochial Fees Order does not need to be debated by the General Synod, then, unless—
(a)notice is given by a member of the General Synod in accordance with its Standing Orders that he wishes the draft order to be debated, or
(b)notice is so given by any such member that he wishes to move an amendment to the draft order F3. . .,
the draft order shall for the purposes of subsections (1) and (2) above be deemed to have been approved by the General Synod without amendment.
(4)The M1Statutory Instruments Act 1946 shall apply to a Parochial Fees Order sealed by the [F2Archbishops’ Council.] under subsection (2) above as if it were a statutory instrument and were made when sealed by the Commissioners and as if this Measure were an Act providing that any such order shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Textual Amendments
F2Words in s. 2 substituted (1.1.1999) by S.I. 1998/1715, arts. 1(2)(4), 4(4), Sch. 2 para. 2(1); Instrument dated 14.10.1998 made by Archbishops of Canterbury and York
F3Words in s. 2(3)(b) omitted (1.9.1995) by virtue of 1995 No. 2, s. 14; Instrument dated 26.7.1995 made by Archbishops of Canterbury and York
Modifications etc. (not altering text)
C2S. 2: Functions of the Church Commissioners transferred (1.1.1999) to Archbishops' Council S.I. 1998/1715, arts. 1(2)(4), 3; Instrument dated 14.10.1998 made by Archbishops of Canterbury and York
C3S. 2(3): Functions of Standing Committee transferred (1.1.1999) to Business Committee by S.I. 1998/1715, arts. 1(2)(4), 2, Sch. 1; Instrument dated 14.10.1998 made by Archbishops of Canterbury and York
Marginal Citations
(1)During a vacancy in a benefice parochial fees which, but for the vacancy, would be paid to the incumbent of the benefice shall be paid to the diocesan board of finance or to such other person as the said board, after consultation with the bishop, may direct.
(2)Where a licence of a chapel includes a provision fixing a fee for the solemnization of a marriage or any other matter for which a parochial fee is prescribed by a Parochial Fees Order then, notwithstanding anything in the licence, the fee to be paid in respect of that matter shall be the fee prescribed by the order, but any provision of the licence as to the person to whom the fee in respect of that matter is to be paid shall continue to apply and where the licence provides for the fee to be paid to two or more persons the fee prescribed by the order shall be payable to those persons in the same proportions as under the provisions of the licence.
(1)After every ordinary election to the General Synod the Archbishops of Canterbury and York shall jointly request—
(a)the Lord Chancellor to appoint a person who is or has been a judge of the Court of Appeal or of the High Court of Justice, a circuit judge or a recorder;
(b)the chairman of the Bar Council to appoint a barrister;
and
(c)the president of the Law Society to appoint a solicitor;
and the three persons so appointed together with—
[F4(d)a member or officer of the Archbishops’ Council nominated for the purposes of this Measure by that Council;
(dd)a Church Commissioner or an officer of the Church Commissioners nominated for the purposes of this Measure by them; and]
[F5(e)a member of the General Synod appointed by the Appointments Committee of the Church of England,]
shall constitute the Fees Advisory Commission.
F6(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)The members of the Fees Advisory Commission appointed under [F7paragraphs (a), (b), (c) and (e)] of that subsection (the “appointed members”) shall hold office until, after the next following ordinary election to the General Synod, further appointments are made under this section.
[F8(3A)The members of the Fees Advisory Commission nominated under paragraphs (d) and (dd) of subsection (1) above shall serve on the Commission during the pleasure of the Archbishops’ Council or the Church Commissioners, respectively.]
(4)If an appointed member of the Fees Advisory Commission dies or resigns, then—
(a)if he was appointed under paragraph (a), (b) or (c) of subsection (1) above, the Archbishops of Canterbury and York shall jointly request the person who appointed him to appoint as a member of the Commission another person who is qualified for appointment under the paragraph in question;
(b)if he was appointed under paragraph (e) of that subsection, the [F9Appointments Committee of the Church of England] shall appoint as a member of the Commission another member of [F10the General Synod],
and a person appointed under this subsection shall hold office for the period for which the person who has died or resigned would have held office.
(5)The Fees Advisory Commission shall be entitled to act notwithstanding any temporary vacancy caused by the death or resignation of any of its members.
(6)An appointed member of the Fees Advisory Commission whose term of office comes to an end shall be eligible for reappointment.
Textual Amendments
F4S. 4(1)(d)(dd) substituted (1.9.2000) for s. 4(1)(d) by 2000 Measure No. 1, s. 16(2); Instrument dated 30.8.2000 made by the Archbishops of Canterbury and York
F5S. 4(1)(e) substituted (1.1.1999) by S.I. 1998/1715, arts. 1(2)(4), 4(4), Sch. 2 para. 2(2); Instrument dated 14.10.1998 made by Archbishops of Canterbury and York
F6S. 4(2) repealed (1.1.2001) by 2000 Measure No. 1, s. 20, Sch. 8 Pt. I; Instrument dated 14.12.2000 made by the Archbishops of Canterbury and York
F7Words in S. 4(3) substituted (1.9.2000) by 2000 Measure No. 1, s. 16(3); Instrument dated 30.8.2000 made by the Archbishops of Canterbury and York
F8S. 4(3A) inserted (1.9.2000) by 2000 Measure No. 1, s. 16(4); Instrument dated 30.8.2000 made by the Archbishops of Canterbury and York
F9Words in s. 4(4)(b) substituted (1.1.1999) by S.I. 1998/1715, arts. 1(2)(4), 4(4), Sch. 2 para. 2(3)(a); Instrument dated 14.10.1998 made by Archbishops of Canterbury and York
F10Words in s. 4)(4)(b) substituted (1.1.1999) by S.I. 1998/1715, arts. 1(2)(4), 4(4), Sch. 2 para. 2(3)(b); Instrument dated 14.10.1998 made by Archbishops of Canterbury and York
Modifications etc. (not altering text)
C4S. 4: Functions of Standing Committee transferred (1.1.1999) to Appointments Committee by S.I. 1998/1715, arts. 1(2)(4), 2, Sch. 1 para. 2(1); Instrument dated 14.10.1998 made by Archbishops of Canterbury and York
(1)The Fees Advisory Commission may make recommendations as to the annual fees to be paid to [F11ecclesiastical judges and] legal officers in respect of such of the duties of their office as are specified by the Commission, and the Commission may make an order F12. . . to give effect to their recommendations.
(2)Any order made under subsection (1) above may contain such incidental provisions as the Fees Advisory Commission considers necessary or desirable [F13, including provision for payments in respect of reasonable expenses incurred by ecclesiastical judges and legal officers on travel, subsistence, accommodation and the holding of court hearings].
(3)Any order made under subsection (1) above shall be laid before the General Synod and shall not come into force until it has been approved by the General Synod.
(4)Where the Standing Committee of the General Synod determines that [F14an order made under subsection (1) above] does not need to be debated by the General Synod, then, unless notice is given by a member of the General Synod in accordance with its Standing Orders that he wishes the order to be debated, the order shall for the purposes of subsection (3) above be deemed to have been approved by the General Synod.
(5)The M2Statutory Instruments Act 1946 shall apply to [F14an order made under subsection (1) above] approved by the General Synod as if it were a statutory instrument and were made when so approved and as if this Measure were an Act providing that any such order shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Subordinate Legislation Made
P2S. 5: power conferred by s. 5 exercised by S.I. 1991/1757
Textual Amendments
F11 Words in s. 5(1) inserted (1.3.1993) by Care of Churches and Ecclesiastical Jurisdiction Measure 1991 (No. 1), s. 10, Sch. 6 para. 2(a)(i) (with s. 31(6));Instrument dated 16.2.1993 made by the Archbishops of Canterbury and York.
F12Words in s. 5(1) repealed (1.3.1993) by Care of Churches and Ecclesiastical Jurisdiction Measure 1991 (No. 1), s. 10, Sch. 6 para. 2(a)(ii) (with s. 31(6));Instrument dated 16.2.1993 made by the Archbishops of Canterbury and York.
F13Words in s. 5(2) inserted (1.3.1993) by Care of Churches and Ecclesiastical Jurisdiction Measure 1991 (No. 1), s. 10, Sch. 6 para. 2(b) (with s. 31(6));Instrument dated 16.2.1993 made by the Archbishops of Canterbury and York.
F14Words in s. 5(4) and (5) substituted (1.3.1993) by Care of Churches and Ecclesiastical Jurisdiction Measure 1991 (No. 1), s. 10, Sch. 6 para. 2(c) (with s. 31(6)); Instrument dated 16.2.1993 made by the Archbishops of Canterbury and York.
Modifications etc. (not altering text)
C5S. 5 modified (retrospectively) by Church of England (Miscellaneous Provisions) Measure 2018 (No. 7), ss. 8(6), 17(2)(b)
C6S. 5(4): functions of Standing Committee transferred (1.1.1999) to Business Committee by S.I. 1998/1715, arts. 1(2)(4), 2, Sch. 1; Instrument dated 14.10.1998 made by Archbishops of Canterbury and York
Marginal Citations
M21946. c. 36.
(1)The Fees Advisory Commission may make recommendations as to the fees to be paid in respect of such duties performed by ecclesiastical judges and legal officers as are specified by the Commission [F15to such persons as are so specified, and the Commission may make an order to give effect to their recommendations].
[F16(1A)The Fees Advisory Commission may also make recommendations as to the fees to be paid in respect of such functions performed by Diocesan Advisory Committees and archdeacons in connection with proceedings or proposed proceedings to which this subsection applies as are specified by the Commission to such persons as are so specified, and an order made under subsection (1) above may give effect to those recommendations.
This subsection applies to proceedings for obtaining a faculty in respect of any building (including any monument, curtilage, object or structure belonging to it) which is subject to the faculty jurisdiction of a consistory court by virtue of section 3 of the Care of Places of Worship Measure 1999, not being a building which is subject to a sharing agreement made on behalf of the Church of England in pursuance of the Sharing of Church Buildings Act 1969.]
(2)Any order made under subsection (1) above may contain such incidental provisions as the Fees Advisory Commission considers necessary or desirable [F17, including provision for payments to be made in respect of reasonable expenses incurred by ecclesiastical judges and legal officers on travel, subsistence, accommodation and the holding of court hearings].
(3)Any order made under subsection (1) above shall be laid before the General Synod and shall not come into force until it has been approved by the General Synod, whether with or without amendment.
(4)Where the Standing Committee of the General Synod determines that an [F18order made under subsection (1) above] does not need to be debated by the General Synod, then, unless—
(a)notice is given by a member of the General Synod in accordance with its Standing Orders that he wishes the order to be debated, or
(b)notice is so given by any such member that he wishes to move an amendment to the order F19. . .,
the order shall for the purposes of subsection (3) above be deemed to have been approved by the General Synod without amendment.
(5)The M3Statutory Instruments Act 1946 shall apply to an [F18order made under subsection (1) above] approved by the General Synod as if it were a statutory instrument and were made when so approved and as if this Measure were an Act providing that any such order shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Subordinate Legislation Made
P3S. 6: power conferred by s. 6 exercised by S.I. 1991/1756
S. 6: for previous exercises of power see Index to the Government Orders
Textual Amendments
F15Words in s. 6(1) substituted (1.3.1993) by Care of Churches and Ecclesiastical Jurisdiction Measure 1991 (No. 1), s. 10, Sch. 6 para. 3(a) (with s. 31(6)); Instrument dated 16.2.1993 made by the Archbishops of Canterbury and York.
F16S. 6(1A) inserted (1.7.2001) by 1999 Measure No. 2, s. 4, Sch. 2 paras. 1, 2; Instrument dated 21.6.2001 made by the Archbishops of Canterbury and York
F17Words in s. 6(2) inserted (1.3.1993) by Care of Churches and Ecclesiastical Jurisdiction Measure 1991 (No. 1), s. 10, Sch. 6 para. 3(b) (with s. 31(6)); Instrument dated 16.2.1993 made by the Archbishops of Canterbury and York.
F18Words in s. 6(4)(5) substituted (prosp.) by 1999 No. 1, s. 4, Sch. 2 paras. 1, 3
F19Words in s. 6(4)(b) omitted (1.9.1995) by virtue of 1995 No. 2, s. 14; Instrument dated 26.7.1995 made by Archbishops of Canterbury and York
Modifications etc. (not altering text)
C7S. 6(4): Functions of Standing Committee transferred (1.1.1999) to Business Committee by S.I. 1998/1715, arts. 1(2)(4), 2, Sch. 1; Instrument dated 14.10.1998 made by Archbishops of Canterbury and York
Marginal Citations
M31946. c. 36.
Any fee payable by virtue of any order made under this Measure shall be recoverable as a debt.
Where an archbishop or bishop has paid any sum by virtue of any order made or deemed to be made under this Measure and the liability to pay that sum was imposed on him as archbishop or bishop, the Church Commissioners shall reimburse that sum to the archbishop or bishop.
Schedule 1 to this Measure which relates to private, local and personal Acts which are inconsistent with a Parochial Fees Order shall have effect.
In this Measure the following expressions have the meanings hereby respectively assigned to them—
“ecclesiastical judges” means the Dean of the Court of Arches and the Auditor of the Chancery Court of York, the Vicars General of the provinces of Canterbury and York, the Commissary General[F20, the president and deputy president of tribunals for the purposes of the Clergy Discipline Measure 2003] and Diocesan Chancellors [F21, and the deputies of any of them];
“legal officers” means the provincial registrars,[F22the registrar of tribunals for the purposes of the Clergy Discipline Measure 2003,] diocesan registrars, bishops’ legal secretaries and chapter clerks [F23, and the deputy provincial and diocesan registrars];
“parish” means any ecclesiastical parish or other place the incumbent or minister whereof either is entitled to retain for his own benefit or is under a duty to pay over to any other person the parochial fees chargeable;
“parochial fees” mean any fees payable to a parochial church council, to a clerk in Holy Orders, or to any other person performing duties in connection with a parish for, or in respect of, the solemnization or performance of church offices or the erection of monuments in churchyards or such other services or matters as may by law or custom be included in a Parochial Fees Order and such other services or matters for which, in the opinion of the Church Commissioners, the payment of fees is appropriate, except fees or other charges payable under section 214 of, and Schedule 26 to, the Local Government Act 1972 (burial fee) or fees payable under section 62 of the M4Cremation Act 1902 (cremation service fees).
Textual Amendments
F20Words in s. 10 inserted (1.6.2005) by Clergy Discipline Measure 2003 (No. 3), ss. 44(4)(a), 48(2) (with s. 47); 2005 No. 1, Instrument made by Archbishops
F21Words in s. 10 inserted (1.3.1993) by Care of Churches and Ecclesiastical Jurisdiction Measure 1991 (No. 1), s. 10, Sch. 6 para. 4(a) (with s. 31(6)); Instrument dated 16.2.1993 made by the Archbishops of Canterbury and York.
F22Words in s. 10 inserted (1.6.2005) by Clergy Discipline Measure 2003 (No. 3), ss. 44(4)(b), 48(2) (with s. 47); 2005 No. 1, Instrument made by Archbishops
F23Words in s. 10 inserted (1.3.1993) by Care of Churches and Ecclesiastical Jurisdiction Measure 1991 (No. 1), s. 10, Sch. 6 para. 4(b) (with s. 31(6)); Instrument dated 16.2.1993 made by the Archbishops of Canterbury and York.
Marginal Citations
(1)The M5Ecclesiastical Fees Measure 1962 is hereby repealed.
(2)In section 63 of the M6Ecclesiastical Jurisdiction Measure 1963 for the words from “Ecclesiastical Fees” to the end of the section there shall be substituted the words “Ecclesiastical Fees Measure 1986” and in section 6(3) of the M7Faculty Jurisdiction Measure 1964 for the words “Ecclesiastical Fees Measure 1962” there shall be substituted the words “Ecclesiastical Fees Measure 1986”.
(3)The transitional provisions in Schedule 2 to this Measure shall have effect.
(1)This Measure may be cited as the Ecclesiastical Fees Measure 1986.
(2)This Measure shall extend to the whole of the provinces of Canterbury and York except the Channel Islands and the Isle of Man, but may be applied to the Channel Islands, as defined by the M8Channel Islands (Church Legislation) Measures 1931 M9 and 1957, or either of them, in accordance with the provisions of those measures and may be extended to the Isle of Man by or under Act of Tynwald.
(3)This Measure shall come into force on such day as the Archbishops of Canterbury and York may jointly appoint and different days may be so appointed for different provisions.
Modifications etc. (not altering text)
C8Power of appointment conferred by s. 12(3) fully exercised: 1.9.1986 appointed by Instrument dated 24.7.1986
Marginal Citations
1EWhere a Parochial Fees Order is inconsistent with a private, local or personal Act which affects a parish, the parochial church council or, if there is no parochial church council, the incumbent or minister may apply to the Church Commissioners requesting them to prepare an order providing for the amendment or repeal of that Act in order to permit the Parochial Fees Order to apply to the parish; and, on receiving such an application, the Church Commissioners may prepare a draft order accordingly.
2EWhere the Church Commissioners prepare a draft order under paragraph 1 above, they shall—
(a)send a copy of that order to the bishop of the diocese in which the parish is situated, the parochial church council (if any) and the incumbent or minister of the parish, and any person whose power of fixing fees or whose right to receive fees is affected by the order, together with a notice that consideration will be given to any representations sent in writing to them before such date (which shall not be less than one month from the date of the sending of the notice) as may be specified in the notice; and
(b)cause a copy of the order to be posted for a period of not less than one month on or near the principal door of the church of the parish, or at least one of such churches if there be more than one, together with a notice that consideration will be given to any representations sent in writing to them before such date (which shall not be less than one month from the date when the copy of the order was first posted), as may be specified in the notice; and
(c)publish an advertisement in at least one local newspaper circulating in the parish stating the purport of the draft order and at what place in the parish it may be inspected (which may be on or near the church door mentioned in sub-paragraph (b) above or such other place as the Church Commissioners may decide) and that consideration will be given to any representations sent in writing to them before such date (which shall not be less than one month from the date when the advertisement was published) as may be specified in the advertisement.
3EThe Church Commissioners shall consider all representations made to them under paragraph 2 above and may make such amendments in the order as they think fit.
4EWhen the periods during which representations may be made under paragraph 2 above have all expired and the Church Commissioners have considered all representations made to them, they may, by applying their seal, make the order or, as the case may be, the order as amended under paragraph 3 above.
5EThe M10Statutory Instruments Act 1946 shall apply to an order sealed by the Church Commissioners under paragraph 4 above as if it were a statutory instrument and were made when sealed by the Commissioners and as if this Measure were an Act providing that the order shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Marginal Citations
6EThe Church Commissioners shall send copies of any order made under this Schedule to every person or body specified in subparagraph 2(a) above and shall publish in the London Gazette a notice stating they have made the order and specifying a place where copies of the order may be obtained.
1ENo order made under Part I of this Measure shall be binding on a clerk in Holy Orders or other person performing duties in connection with a parish to whom the provisions of section 2(4) of the M11Ecclesiastical Fees Measure 1962 applied immediately before the coming into force of this provision without his consent in writing; but such consent when given shall be irrevocable.
Marginal Citations
2EUntil the Fees Advisory Commission is constituted under this Measure, the members of the Fees Committee appointed under section 1(3) of the Ecclesiastical Fees Measure 1962 shall, notwithstanding the repeal of that Measure by this Measure, continue to hold office and may perform any of the functions of the Fees Advisory Commission under this Measure.
3ENotwithstanding the repeal by this Measure of the Ecclesiastical Fees Measure 1962, any order made under that Measure relating to legal officers’ fees or parochial fees shall be deemed to have been made under this Measure; and any fee payable at the coming into force of this Measure under an existing order relating to legal officers’ fees or parochial fees shall be deemed to be payable under this Measure.
4EAny sum payable to any person under the provisions of section 5 of the Ecclesiastical Fees Measure 1962 shall, if reimbursible by the Church Commissioners at the coming into force of this provision, be deemed to be reimbursible under this Measure.
5ENothing in this Schedule shall be taken as prejudicing the application of sections 16 and 17 of the M12Interpretation Act 1978.
Marginal Citations