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Ecclesiastical Fees Measure 1986

1986 No. 2

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

Part IE

Parochial FeesE

[F11Preparation of Parochial Fees OrderE

(1)The Archbishops' Council may prepare a draft of an order (to be known as a “Parochial Fees Order”) which prescribes, subject to subsection (8), the amount of the parochial fees payable to a parochial church council or to a diocesan board of finance or to both in respect of the matters set out in Schedule A1 where those matters relate to duties carried out by a clerk in holy orders or by a duly [F2authorised] deaconess, reader or lay worker.

[F3(1A)Subsection (1) does not apply to matters which relate to duties carried out in the course of employment by a university, college, school, hospital or public or charitable institution.]

(2)A draft order prepared under subsection (1) may prescribe that no fee shall be payable in respect of any matter that may be specified.

(3)A draft order prepared under subsection (1) may contain such incidental matters as the Archbishops' Council shall consider necessary or desirable, which may include provision specifying costs and expenses which are to be included in the prescribed fee in respect of any specified matter.

(4)Subject to subsection (5), a draft order prepared under subsection (1) may prescribe fees for a period or periods, not exceeding, in total, a period of 5 years and any increase in fees may be prescribed by specifying that increase or by means of an arithmetical formula or a formula related to a published index of price or earnings increases which is of general application or by means of a combination of both such formulas.

(5)If, before the expiry of the period for which fees have been prescribed by a Parochial Fees Order, the Archbishops' Council has not made a further order, or has made a further order which has been annulled in pursuance of a resolution of either House of Parliament, the fees prescribed by the Parochial Fees Order shall continue in force until a further order comes into force.

(6)The Archbishops' Council may prepare a draft of an order to amend Schedule A1 by altering, omitting or adding to any of the matters set out, including any note in Part 2 (referred to in this Measure as a “Scheduled Matters Amending Order”).

(7)In this section—

(8)Where the relevant parish is a parish of which a cathedral is the parish church any fees which would, apart from this subsection, be payable to the parochial church council or to the diocesan board of finance, shall, instead, be payable to the corporate body of the cathedral.

(9)The incumbent or priest in charge of the benefice or, where there is no such person, the rural dean of the deanery, in which the relevant parish or the place where the service or other event takes place is situated, may waive any fee payable to the Diocesan Board of Finance, in a particular case.

(10)The incumbent or priest in charge of the benefice or, where there is no such person, the rural dean of the deanery, in which the relevant parish or the place where the service or other event takes place is situated, may, after consulting the churchwardens of that parish, waive any fee payable to the parochial church council of that parish, in a particular case.

(11)Any fee payable to the corporate body of a cathedral under subsection (8) may be waived on behalf of that body by the Chapter of the cathedral.

(12)This section applies in relation to fees payable under section 5 of the Burial Laws Amendment Act 1880 (43 & 44 Vict. c. 41) as it applies to the fees mentioned in subsection (1).

(13)This section shall have effect notwithstanding section 12 of the Cremation Act 1902 (2 Edw. 7 c. 8).

(14)Subsection (1) shall apply in relation to banns of matrimony published by a layman under section 9(2) of the Marriage Act 1949 (12, 13 & 14 Geo. 6 c. 76) as it applies in relation to banns of matrimony published by a clerk in holy orders.

(15)Subsection (1) shall apply in relation to searches allowed to be made in a register book of baptisms or burials and to the giving of certified copies of entries in such a book by a churchwarden under section 20(1) of the Parochial Registers and Records Measure 1978 (1978 No. 2) as it applies in relation to searches allowed and copies of entries given by an incumbent or priest in charge.]

2 Procedure for making Parochial Fees Orders.E

(1)Every draft Parochial Fees Order [F4or Scheduled Matters Amending 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 [F5Archbishops’ Council.].

(2)Where a draft order is referred to the [F5Archbishops’ Council.] under subsection (1) above then—

(a)if it has been approved by the General Synod without amendment, the [F5Archbishops’ Council.] shall, by applying their seal, make the order;

(b)if it has been approved by the General Synod with amendment, the [F5Archbishops’ 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 [F4or Scheduled Matters Amending Order] shall not come into force until it has been sealed by the [F5Archbishops’ Council.].

(3)Where the Standing Committee of the General Synod determines that a draft Parochial Fees Order [F4or Scheduled Matters Amending 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 F6. . .,

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 [F4or Scheduled Matters Amending Order] sealed by the [F5Archbishops’ 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

F4Words in s. 2(1)(2)(3)(4) inserted (1.7.2011) by Ecclesiastical Fees (Amendment) Measure 2011 (No. 2), ss. 2, 6(2) (with s. 5(3)); 2011 No. 1, art. 2

Modifications etc. (not altering text)

C1S. 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

C2S. 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

F73 Provisions as to persons to whom parochial fees are to be paid.E

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8Part IIE

F8 Ecclesiastical Judges’ and Legal Officers’ FeesE

F84 Constitution of Fees Advisory CommissionE

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F85 Legal Officers (Annual Fees) Orders.E

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F86 Ecclesiastical Judges and Legal Officers (Fees) Orders.E

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part IIIE

Miscellaneous and GeneralE

7 Recovery of fees.E

Any fee payable by virtue of any order made under this Measure shall be recoverable as a debt.

F98 Reimbursement of archbishops or bishops.E

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

9 Private, local and personal Acts which are inconsistent with Parochial Fees Orders.E

Schedule 1 to this Measure which relates to private, local and personal Acts which are inconsistent with a Parochial Fees Order shall have effect.

10 Interpretation.E

In this Measure the following expressions have the meanings hereby respectively assigned to them—

Textual Amendments

F10Definitions of “church” and “churchyard” in s. 10 inserted (1.7.2011) by Ecclesiastical Fees (Amendment) Measure 2011 (No. 2), ss. 4(1)(b)(i), 6(2); 2011 No. 1, art. 2

F11Words in definition of “church” ins. 10 inserted (19.5.2014) by Church of England (Miscellaneous Provisions) Measure 2014 (No. 1), s. 21(2), Sch. 2 para. 8; S.I. 2014/1369, art. 2

F13Definition of “parish” in s. 10 omitted (1.7.2011) by virtue of Ecclesiastical Fees (Amendment) Measure 2011 (No. 2), ss. 4(1)(b)(ii), 6(2); 2011 No. 1, art. 2

F14Definition of “parochial fees” in s. 10 substituted (1.7.2011) by Ecclesiastical Fees (Amendment) Measure 2011 (No. 2), ss. 4(1)(b)(iii), 6(2); 2011 No. 1, art. 2

11 Repeals, consequential amendments and transitional provisions.E

(1)The M2Ecclesiastical Fees Measure 1962 is hereby repealed.

(2)In section 63 of the M3Ecclesiastical 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 M4Faculty 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.

Marginal Citations

12 Short title, extent and commencement.E

(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 M5Channel Islands (Church Legislation) Measures 1931 M6 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)

C3Power of appointment conferred by s. 12(3) fully exercised: 1.9.1986 appointed by Instrument dated 24.7.1986

Marginal Citations

SCHEDULES

SCHEDULE 1E Private, Local and Personal Acts which are Inconsistent with Parochial Fees Orders

1EWhere a Parochial Fees Order is inconsistent with a private, local or personal Act which affects a parish, the parochial church council F15... 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 F16...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 M7Statutory 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.

[F17SCHEDULE A1E

Textual Amendments

PART 1ETABLE OF MATTERS TO WHICH PAROCHIAL FEES RELATE

Textual Amendments

PART 2EEXPLANATORY NOTES ON PART 1

Burial on a separate occasion E

1EF29... “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.

Textual Amendments

F29Words in Sch. A1 Pt. 2 para. 1 omitted (1.1.2020) by virtue of The Parochial Fees and Scheduled Matters Amending Order 2019 (S.I. 2019/752), arts. 1(2), 3(2)

[F30Burial of child]E

Textual Amendments

F30Sch. A1 Pt. 2 para. 2 cross-heading substituted (1.1.2020) by The Parochial Fees and Scheduled Matters Amending Order 2019 (S.I. 2019/752), arts. 1(2), 3(3)

2ENo 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 [F3118 years].

Textual Amendments

Burial of cremated remains in churches or closed churchyards E

3EWhere 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 [F32under section 87 of the Ecclesiastical Jurisdiction and Care of Churches Measure 2018] , who shall specify the person or persons entitled to receive them.

Textual Amendments

Monuments in churchyards E

4EDifferent 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 [F33under section 87 of the Ecclesiastical Jurisdiction and Care of Churches Measure 2018] who shall specify the person or persons entitled to receive them.

Searches in Church Registers, etc. E

5EThe 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 E

6EIn this Schedule—

Textual Amendments

SCHEDULE 2E Transitional Provisions

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 M8Ecclesiastical 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

F362E. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F363E. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F364E. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5ENothing in this Schedule shall be taken as prejudicing the application of sections 16 and 17 of the M9Interpretation Act 1978.

Marginal Citations