Ecclesiastical Fees Measure 1986

Part III E

Miscellaneous and General E

7 Recovery of fees. E

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

8 Reimbursement of archbishops or bishops. E

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.

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—

• “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[F1 , the president and deputy president of tribunals for the purposes of the Clergy Discipline Measure 2003] and Diocesan Chancellors [F2 , and the deputies of any of them];

• “legal officers” means the provincial registrars,[F3 the registrar of tribunals for the purposes of the Clergy Discipline Measure 2003,] diocesan registrars, bishops’ legal secretaries and chapter clerks [F4 , 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 M1 Cremation Act 1902 (cremation service fees).

Textual Amendments

F1 Words 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

F2 Words 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.

F3 Words 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

F4 Words 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

M1 1902 c. 8.

11 Repeals, consequential amendments and transitional provisions. E

(1) The M2 Ecclesiastical Fees Measure 1962 is hereby repealed.

(2) In section 63 of the M3 Ecclesiastical 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 M4 Faculty 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

M2 1962 No. 1.

M3 1963 No. 1.

M4 1964 No. 5.

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 M5 Channel 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)

C1 Power of appointment conferred by s. 12(3) fully exercised: 1.9.1986 appointed by Instrument dated 24.7.1986

Marginal Citations

M5 1931 No. 4.

M6 1957 No. 1.