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The Legal Officers (Annual Fees) Order 2019

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Work not falling within the scope of the annual fee

4.  For the avoidance of doubt work in connection with the following matters shall not fall within the scope of the fee under Schedule 1 to this Order but a fee calculated in accordance with the Solicitors’ (Non-Contentious Business) Remuneration Order 2009 shall be payable—

(1) Conveyancing and drafting of documents other than those referred to in paragraph 1 sub-paragraphs (12) and (13);

(2) Matters relating to individual diocesan, parochial or educational trusts or to individual pieces of diocesan glebe property;

(3) Litigation;

(4) Acting as secretary to the vacancy in see committee constituted under the Vacancy in See Committees Regulation 1993 (as amended) on a vacancy in the see of the diocesan bishopric;

(5) Deposition or deprivation consequent upon proceedings in secular courts, including the following—

(a)service of notice on a priest or deacon of intention to depose him or her from holy orders under rule 49(1) of the Ecclesiastical Jurisdiction (Discipline) Rules 1964(1) (the fee is payable by the bishop)

(b)carrying out of a duty or exercising of a discretion following proceedings referred to in section 55 of the Ecclesiastical Jurisdiction Measure 1963 (the fee is payable by the bishop);

(6) Advice or other work in connection with proceedings against a clerk in holy orders under the Ecclesiastical Jurisdiction Measure 1963 in respect of an ecclesiastical offence which have been instituted under that Measure or are under consideration or in connection with an allegation of such an offence which is under investigation with the knowledge and approval of the bishop (excluding advice and other work for which a fee is payable under the Order for the time being in force under subsection (3) of section 86 of the 2018 Measure to give effect to recommendations under subsection (2) of that section). (The fee is payable by the bishop.)

(7) Advice or other work in connection with disciplinary proceedings against a clerk in holy orders which have been instituted under section 10 of the Clergy Discipline Measure 2003 or in respect of any disciplinary matters arising under or in relation to that Measure including under sections 30 and 31. (The fee is payable by the bishop.)

(8) Advice or other work in connection with the revocation by reason of misconduct of a licence granted by the bishop to a deaconess or lay worker or reader to minister in the diocese, or in connection with a revocation of such a licence which is under consideration or with an allegation of misconduct by such a person which might lead to such a revocation and which is under investigation with the knowledge and approval of the bishop. (The fee is payable by the bishop.)

(9) Advice to the diocesan bishop or other work carried out at his request in connection with proceedings or possible future proceedings under the Incumbents (Vacation of Benefices) Measures 1977 and 1993(2) in a case where notice has been given to the bishop under section 1A(1A) of the Incumbents (Vacation of Benefices) Measure 1977 or the giving of such notice is under consideration. (The fee is payable by the bishop.)

(10) Pronouncing of censure under section 31 of the Ecclesiastical Jurisdiction Measure 1963 with the consent of the accused (the fee is payable by the bishop);

(11) Work undertaken on behalf of a person who is not an official in the diocese or on behalf of a body which is not a diocesan board or council in connection with the following matters—

(a)consecration or licensing of a public cemetery, a private burial ground or a private chapel

(b)licensing the chapel of an extra-parochial place for a marriage of persons living or residing in that place

(c)notification under section 2 of the Benefices (Transfer of Rights of Patronage) Measure 1930 (in relation to a guild church in the City of London) (the fee to be paid in such proportions as may be agreed between the transferor and the transferee, and in the absence of such agreement the fee to be paid by the transferee);

(12) Removal of the legal effects of consecration under section 92 of the 2018 Measure;

(13) Work carried out in relation to the register of patrons under Part 1 of the 1986 Measure where a fee calculated in accordance with the Solicitors’ (Non-Contentious Business) Remuneration Order 2009 is payable under the Order for the time being in force under subsection (3) of section 86 of the 2018 Measure to give effect to recommendations under subsection (2) of that section;

(14) Acting as Chapter clerk (whether or not the diocesan registrar holds the office of Chapter clerk) and in particular doing the following work, namely work in connection with the following matters—

(a)installation to a deanery

(b)installation to a canonry or prebend (whether residentiary or honorary) or to an archdeaconry

(c)admission to a minor canonry

(These fees are payable out of cathedral revenues);

(15) Attendance at and work in connection with any visitation by the diocesan bishop of the cathedral church of the diocese and in connection with any action taken or proposed to be taken by the diocesan bishop under the Care of Cathedrals Measure 2011(3);

(16) Advice or other work in connection with an inquiry into the capability of a clerk in holy orders instituted under Regulation 31 or a grievance brought by a clerk in holy orders under Regulation 32 of the Ecclesiastical Offices (Terms of Service) Regulations 2009(4);

(17) Advice or other work in connection with the exercise of its powers by a regulatory body;

(18) Advice or other work in connection with an allegation falling within the scope of guidance given by the House of Bishops on the safeguarding of children and vulnerable adults, or in connection with a risk assessment conducted under such guidance.

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