Ecclesiastical Fees Measure 1986

Part II E

Ecclesiastical Judges’ and Legal Officers’ Fees E

4 Constitution of Fees Advisory Commission. E

(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—

(d) the person who holds the appointments of First Church Estates Commissioner and Chairman of the Central Board of Finance, and

(e) a member of the Standing Committee of the General Synod appointed for the purposes of this Measure by that Committee,

shall constitute the Fees Advisory Commission.

(2) If at any time the appointments of First Church Estates Commissioner and Chairman of the Central Board of Finance are not both held by the same person, subsection (1) above shall have effect as if for paragraphs (d) and (e) there were substituted the following paragraphs—

“(d) the First Church Estates Commissioner and

(e) the Chairman of the Central Board of Finance.”

(3) The members of the Fees Advisory Commission appointed under paragraphs (a) to (c) of subsection (1) above and (unless the appointments of First Church Estates Commissioner and Chairman of the Central Board of Finance are not held by the same person) the member appointed under paragraph (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.

(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 Standing Committee of the General Synod shall appoint as a member of the Commission another member of that Committee,

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.

5 Legal Officers (Annual Fees) Orders. E

(1) The Fees Advisory Commission may make recommendations as to the annual fees to be paid to 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 (to be known as a “Legal Officers (Annual Fees) Order”) 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.

(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 a Legal Officers (Annual Fees) Order 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 M1 Statutory Instruments Act 1946 shall apply to a Legal Officers (Annual Fees) Order 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.

Modifications etc. (not altering text)

C1 S. 5 modified (retrospectively) by Church of England (Miscellaneous Provisions) Measure 2018 (No. 7), ss. 8(6), 17(2)(b)

Marginal Citations

M1 1946. c. 36.

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

(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 (not, in the case of legal officers, being duties covered by the annual fees payable under a Legal Officers (Annual Fees) Order), and the Commission may make an order (to be known as an “Ecclesiastical Judges and Legal Officers (Fees) Order”) 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.

(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 Ecclesiastical Judges and Legal Officers (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 order to be debated, or

(b) notice is so given by any such member that he wishes to move an amendment to the order and at least twenty-five other members of the Synod indicate when the amendment is called that they wish the amendment to be moved,

the order shall for the purposes of subsection (3) above be deemed to have been approved by the General Synod without amendment.

(5) The M2 Statutory Instruments Act 1946 shall apply to an Ecclesiastical Judges and Legal Officers (Fees) Order 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.

Marginal Citations

M2 1946. c. 36.