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The Legal Officers (Annual Fees) Order 2019

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Professional services to be provided by the diocesan registrar

1.  Subject to the restrictions contained in paragraphs 2 and 3, the professional services provided by the diocesan registrar in respect of the fee under Schedule 1 to this Order shall include—

(1) Giving of advice to the diocesan bishop, suffragan bishops, archdeacons, chairmen of the houses of the diocesan synod, rural deans and lay chairmen of deanery synods, incumbents and all other clergymen, beneficed or licensed in the diocese, on any legal matter properly arising in connection with the discharge of their respective ecclesiastical or synodical offices, and giving of advice to chairmen and secretaries of diocesan boards, councils and committees on any legal matter properly arising in connection with the business of the respective boards, councils and committees;

(2) Acting as registrar to the diocesan synod and attendance at its meetings;

(3) Attendance at the bishop’s council and standing committee if required by that committee;

(4) Occasional attendance at meetings of diocesan boards, councils and committees for the purpose of giving advice on specific matters;

(5) Maintaining all such records of the diocese as are customarily kept by the diocesan registrar including the making of entries therein, and the making of searches and reports on matters recorded in the registry or in documents held in the diocesan muniment room at the request of persons or bodies referred to in sub-paragraphs (1) and (6);

(6) Giving advice to churchwardens and secretaries of parochial church councils on any legal matter properly arising in connection with their duties or official business;

(7) Giving advice to any person concerned in or with the administration of an election under the Church Representation Rules on any question properly arising under those Rules;

(8) Giving advice to a bona fide enquirer concerning the law of marriage, baptism, confirmation and burial of the dead according to the rites and ceremonies of the Church of England;

(9) Giving advice to persons considering or proposing to make an application for a legal aid certificate for financial assistance from the Legal Aid Fund maintained under section 1 of the Church of England (Legal Aid) Measure 1994(1);

(10) Acting as registrar to the consistory court of the diocese except in so far as a separate fee is prescribed by Order made under section 86 of the 2018 Measure or except in so far as this Order provides that a fee calculated in accordance with the Solicitors’ (Non-Contentious Business) Remuneration Order 2009 is payable;

(11) Attendance at episcopal visitations (other than visitations by the diocesan bishop of the cathedral church of the diocese);

(12) Drafting and preparing, approving, engrossing and registering all notices, licences, consents, permissions, instruments and other documents required by law or customarily used in connection with the following matters—

(a)ordination

(b)certification of ordination

(c)presentation to a benefice

(d)commission for institution or collation

(e)admission to freehold office

(f)certification of institution or collation

(g)licensing of non-residence, for legalising house of residence

(h)resignation (other than resignation of an incumbent)

(i)under the Mission and Pastoral Measure 2011(2) (“the 2011 Measure”)—

(i)admission to office of rector

(ii)licensing of a vicar in a team ministry

(iii)designation of a parish centre of worship under Part 5 of the 2011 Measure for the purposes of the Marriage Act 1949(3) and other purposes

(j)licensing of clerks in holy orders and deaconesses

(k)delegation by bishop of archidiaconal powers under the Church of England (Miscellaneous Provisions) Measure 1983(4)

(l)delegation by bishop of episcopal powers under the Dioceses, Pastoral and Mission Measure 2007(5)

(m)episcopal visitations (other than visitations by the diocesan bishop of the cathedral church of the diocese)

(n)matters relating to sequestrations

(o)provision of agreements to form a conventional district

(p)consent to hold preferment under the Ecclesiastical Jurisdiction Measure 1963(6)

(q)licensing of unconsecrated church or place of worship (including temporary licences)

(r)ordering of a licensed chapel to come under faculty jurisdiction;

(13) Acting in relation to the following matters on the instructions of the diocesan bishop, suffragan bishops or archdeacons or on the instructions of a diocesan board or council whose business properly includes such matters—

(a)consecration of a church and burial ground or a church without a burial ground

(b)consecration of a cemetery or burial ground

(c)preparation and registration of documents required under the Consecration of Churchyards Act 1867(7) for the consecration of additions to churchyards

(d)licensing of a building for marriages

(e)notification under section 2 of the Benefices (Transfer of Rights of Patronage) Measure 1930(8) (in relation to a guild church in the City of London);

(14) Work in connection with the following matters—

(a)maintaining the register of patrons (“the register”) under Part 1 of the Patronage (Benefices) Measure 1986(9) (“the 1986 Measure”) as required by section 1(1) of the 1986 Measure

(b)searches in and making of extracts from the register, enquiries as to entries in the register and supplying certified copies of entries in the register, where the search, extract or enquiry is made or the certified copy is requested by or on behalf of a person or body referred to at the commencement of sub-paragraph (13) or by the designated officer (within the meaning of section 7(5) of the 1986 Measure)

(c)receipt and issue of notices and notification of representations under section 3(3) and (4) of the 1986 Measure.

(1)

1994 No 3; amended by the Clergy Discipline Measure 2003.

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