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Ecclesiastical Fees (Amendment) Measure 2011

2011 No. 2

A Measure passed by the General Synod of the Church of England to make further provision with respect to ecclesiastical fees; to amend the constitution of the Fees Advisory Commission and the provisions for certain annual fees; and for purposes connected therewith.

[24th May 2011]

Part 1Parochial Fees

1Preparation of Parochial Fees Order

(1)For section 1 of the Ecclesiastical Fees Measure 1986 (1986 No. 2) there shall be substituted the following section—

1Preparation of Parochial Fees Order

(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 licensed deaconess, reader or lay worker.

(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)Schedule A1 to the 1986 Measure is set out in Schedule 1 to this Measure.

2Amendment of section 2 of the 1986 Measure

In subsections (1), (2), (3) and (4) of section 2 of the 1986 Measure, after the words “Parochial Fees Order” there shall be inserted, in each place, the words “or Scheduled Matters Amending Order”.

Part 2Ecclesiastical Judges’ and Legal Officers’ Fees

3Constitution of Fees Advisory Commission and Ecclesiastical Judges and Legal Officers (Annual Fees) Orders

The 1986 Measure shall be further amended as follows—

(a)for section 4 there shall be substituted the following section—

4Constitution of Fees Advisory Commission

(1)There shall be a Fees Advisory Commission, which shall be constituted as follows—

(a)one member shall be a member of the House of Bishops of the General Synod nominated by that House;

(b)one member shall be a Church Commissioner or an officer of the Church Commissioners nominated by them;

(c)one member shall be the chairman of a diocesan board of finance nominated by representatives of dioceses;

(d)one member shall be a registrar of a diocese nominated by the Ecclesiastical Law Association;

(e)one member shall be a chancellor of a diocese nominated by the Ecclesiastical Judges Association;

(f)one member shall be the registrar of the province of Canterbury or the province of York nominated by the two registrars acting jointly;

(g)three members shall be appointed by the Appointments Committee of the Church of England who are not eligible for nomination under any of paragraphs (a) to (f), of whom at least one but not more than two must be members of the House of Clergy or the House of Laity of the General Synod.

(2)In the event of a disagreement between the registrars of the provinces of Canterbury and York as to the nomination of a member under subsection (1)(f), the first such nomination after the coming into force of section 3 of the Ecclesiastical Fees (Amendment) Measure 2011 shall be decided by drawing lots and, thereafter, the registrars shall serve for alternate terms of office.

(3)As soon as practicable after each ordinary election of the General Synod new members of the Commission shall be nominated or appointed and shall hold office until, after the next such ordinary election, a new member is nominated or appointed to replace that member.

(4)In subsection (1)(c) “representatives of dioceses” means persons, being officers or members of a diocesan board of finance or members of the House of Clergy or the House of Laity of the General Synod elected for a diocese, chosen under arrangements approved by the Archbishops of Canterbury and York acting jointly to represent dioceses in consultations on financial matters.

(5)The members of the Commission shall be eligible for renomination or reappointment.

(6)If any member dies or resigns his or her office the relevant body responsible for appointing or nominating that member shall, as soon as practicable, appoint or nominate a member to fill the vacancy and a person so appointed or nominated shall hold office only for the unexpired portion of the term of office of the person in whose place that person was appointed or nominated and shall be eligible for reappointment or renomination.

(7)There shall be a member known as the Chair of the Commission, who shall be chosen by the Commission from among the members appointed under subsection (1)(g).

(8)The quorum of the Commission shall be three members, of whom one member shall be a member nominated under subsection (1)(a), (b) or (c), one member shall be a member nominated under subsection (1)(d), (e) or (f) and one member shall be a member appointed under subsection (1)(g).

(9)Subject to subsection (8), the Commission may act notwithstanding any vacancy in its membership.

(10)Subject to subsection (8), the Commission shall have power to regulate its own procedure.; and

(b)for section 5(1) there shall be substituted the following subsection—

(1)The Fees Advisory Commission shall inform itself of the duties of the offices of ecclesiastical judges and legal officers and may make recommendations as to the annual fees to be paid to them in respect of such of those duties as are specified by the Commission, and the Commission may make an order to give effect to its recommendations..

Part 3General

4Consequential amendments and repeals

(1)The 1986 Measure shall be further amended as follows—

(a)section 3 is repealed; and

(b)in section 10—

(i)at the beginning of the definitions there shall be inserted the following definitions—

(ii)the definition of “parish” shall be omitted, and

(iii)for the definition of “parochial fees” there shall be substituted the following definition—

(2)The enactments referred to in Schedule 2 shall have effect subject to the amendments set out in that Schedule, being amendments consequential on Part 1.

(3)In section 20(1) of the Marriage Act 1949 the words “provisions concerning the amount, appropriation or apportionment of dues and such other” are repealed.

5Transitional provisions

(1)Any member of the Fees Advisory Commission holding office on the coming into force of Part 2 shall continue in office until a new member is nominated or appointed in that member’s place.

(2)Any incumbent holding office on the coming into force of this section who is entitled to receive a fee relating to any matter under a Parochial Fees Order shall, if he or she—

(a)has not assigned that fee to the diocesan board of finance of the diocese in which the benefice of which he or she is the incumbent is situated or, in the case of an incumbent of a benefice comprising a parish of which a cathedral is the parish church, to the corporate body of the cathedral, and

(b)notifies the bishop of the diocese in writing within the period of six months from the coming into force of this section that he or she wishes to preserve that entitlement,

so long as he or she holds office, be entitled to receive the fee which would, apart from this subsection, be payable to the diocesan board of finance or the corporate body of the cathedral, as the case may be.

(3)Any Parochial Fees Order in force on the coming into force of Part 1 shall continue in force until it is replaced or amended by a subsequent Parochial Fees Order.

6Citation, commencement and extent

(1)This Measure may be cited as the Ecclesiastical Fees (Amendment) Measure 2011.

(2)This Measure shall come into force on such day as the Archbishops of Canterbury and York shall jointly appoint, and different days may be appointed for different provisions.

(3)This Measure shall extend to the whole of the provinces of Canterbury and York except the Channel Islands and Isle of Man, but—

(a)may be extended to the Channel Islands as defined in the Channel Islands (Church Legislation) Measures 1931 and 1957, or either of them, in accordance with those Measures, and

(b)if an Act of Tynwald or an instrument made under an Act of Tynwald so provides, shall extend to the Isle of Man subject to such exceptions, adaptations or modifications as may be specified in the Act of Tynwald or instrument.

(4)In this Measure “the 1986 Measure” means the Ecclesiastical Fees Measure 1986.

SCHEDULES

Section 1(2)

SCHEDULE 1Schedule inserted as Schedule A1 to the 1986 Measure

PART 1TABLE OF MATTERS TO WHICH PAROCHIAL FEES RELATE

PART 2EXPLANATORY NOTES ON PART 1

Burial on a separate occasion

1In relation to the fee for a burial in a churchyard, “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.

Burial of infant

2No 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 16 years.

Burial of cremated remains in churches or closed churchyards

3Where 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, who shall specify the person or persons entitled to receive them.

Monuments in churchyards

4Different 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 who shall specify the person or persons entitled to receive them.

Searches in Church Registers, etc.

5The 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

6In this Schedule—

Section 4(2)

SCHEDULE 2Consequential Amendments

1The enactments listed in this Schedule shall be amended as follows.

The Marriage Act 1949 (12, 13 & 14 Geo. 6 c. 76)

2In section 63(1) of the Marriage Act 1949, after the word “fee” there shall be inserted the words “, payable, in the case of a fee previously payable to an incumbent, to the parochial church council of the parish,”.

The Local Authorities’ Cemeteries Order 1977 (S.I. 1977/204)

3The Local Authorities’ Cemeteries Order 1977 shall be amended as follows—

(a)in Article 15(2), at the end there shall be added the words “, except that, in the case of fees collected for services rendered by a minister of the Church of England, the fees shall be paid to the diocesan board of finance to which fees are payable under section 1 of the Ecclesiastical Fees Measure 1986”;

(b)Article 15(4) shall be omitted; and

(c)in Article 17(1), for the words from “shall be entitled” to the end there shall be substituted the words “section 1 of the Ecclesiastical Fees Measure 1986 (1986 No. 2) shall have effect where any funeral service is conducted by a person mentioned in subsection (1) of that section”.

The Parochial Registers and Records Measure 1978 (1978 No. 2)

4Section 20 of the Parochial Registers and Records Measure 1978 shall be amended as follows—

(a)in subsection (2)(b), for the word “incumbent” there shall be substituted the words “diocesan board of finance”;

(b)in subsection (3), after the word “incumbent” there shall be inserted the words “and to the parochial church council of the parish”; and

(c)for subsection (5) there shall be substituted the following subsection—

(5)Nothing in subsections (2) and (3) above shall be taken as affecting the powers of local authorities under section 1 of the Local Government (Records) Act 1962 (power to promote adequate use of records)..