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The Ecclesiastical Judges, Legal Officers and Others (Fees) Order 2012

Type Statutory-Instrument
Publication 2012-07-06
State In force
Department King's Printer of Acts of Parliament
Source legislation.gov.uk
Reform history JSON API PDF

Made: 6th July 2012

Laid before Parliament: 19th July 2012

Coming into force: 1st January 2013

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Citation, commencement and interpretation

1

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Fees payable

2

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Revocation or 2011 Order

3

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Supplementary annual fee

4

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Travel, subsistence, accommodation and court hearings

5

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Value Added Tax

6

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SCHEDULE — Fees payable under this Order

TABLE 1 — Faculty and other fees

Except where the contrary intention appears, this Table and Table 2 apply to the following proceedings—

PART 1

Dean of the Arches, Vicar-General or Chancellor Registrar or other Officer by usage performing the duty
£ £
1. Archdeacon’s Faculty. Fee payable on submission of petition (rule 4). – 72
2. Chancellor’s Faculty. Fee payable on submission of petition (rule 4). 47 110
3. Additional fees where the Chancellor has ordered under rule 26 that the proceedings are to be determined upon consideration of written representations, such fees, and by whom they are to be paid, to be fixed by the Chancellor within the limits shown. 172–273 111–164
4. On the registrar referring a petition in respect of which a fee has become payable under paragraph 1 of this Table to the Chancellor under rule 7(5), 8 or 10, the petitioner, if he or she wishes to proceed, shall pay a further fee of 47 40
5. Fees on the Judge, Court or registrar giving other directions (otherwise than at a hearing in respect of which fees are payable under paragraph 6 of this Table), such fees, and by whom they are to be paid, to be fixed by the Judge within the limits shown—
(a) on a pre-trial review of the case as a whole under rule 19—
(i) directions given by Judge 105–314 72–207
(ii) directions given by registrar – 105–314
(b) on giving of other directions—
(i) directions given by Judge or Court 41–125 32–81
(ii) directions given by registrar. – 41–125
6. Fees where the issue, whether opposed or unopposed, whether interlocutory or final, is to be heard in Court or in Chambers before the Chancellor’s Court, the Vicar-General’s Court, the Arches Court of Canterbury or Chancery Court of York, or the Court of Ecclesiastical Cases Reserved—
(a) if the case lasts half a day or less 326 248
(b) if the case lasts a whole day or more than a half 551 413
(fees on same scale for subsequent days).
7. Fee on the Judge or other member of the Court preparing a written judgment or drafting the form of order or both, such fee to be at the hourly rate shown and in respect of the number of hours certified by the Judge or other member of the Court as spent in such work, and by whom the fee is to be paid to be determined by the Court. 52 –
8. Preparatory and ancillary work and correspondence (if any) in relation to petition for faculty, appeal or other proceedings – not to exceed without the sanction of the Judge. – 47
9. (a) No fees are payable under paragraphs 5, 6 and 7 to members of the Court of Ecclesiastical Causes Reserved.
(b) In the case of the Arches Court of Canterbury or the Chancery Court of York (constituted in accordance with section 47(1)(b) of the Ecclesiastical Jurisdiction Measure 1963[^f00005])—
(i) any fee payable under paragraph 5(b) to the Dean of the Arches shall be payable to each member of those Courts who joins in the giving of directions within that sub-paragraph;
(ii) any fee calculated in accordance with paragraph 6 payable under that paragraph to the Dean of the Arches shall be payable to each member of those Courts; and
(iii) a fee calculated in accordance with paragraph 7 shall be payable to each member of those Courts who prepares a separate written judgment or who is principally responsible for drafting the form of order or both.
(c) All other fees of the Registry (otherwise than in respect of an unopposed faculty petition which is not the subject of a hearing before the Consistory Court) are to be paid on the same scale as allowed for Court fees, from time to time, in the Supreme Court of Judicature.
(d) “Judge” means the Chancellor or Presiding Judge of the Appellate Court.
(e) Where the Vicar-General’s court of the Province of Canterbury exercises the faculty jurisdiction of the Consistory Court by virtue of section 3(5)(a) of the Care of Places of Worship Measure 1999[^f00006], “Chancellor” shall be taken as referring to the Vicar-General and “registrar” shall be taken as referring to the registrar of the province of Canterbury acting as registrar of the Vicar-General’s court.
(f) References to Rules are to the Faculty Jurisdiction Rules 2000[^f00007], and reference to any provision of the Rules shall include reference to the corresponding provision of the Faculty Jurisdiction (Care of Places of Worship) Rules 2000[^f00008] applying to faculty proceedings in relation to buildings, curtilages, objects and structures which are subject to the faculty jurisdiction by virtue of section 3(2) of the Care of Places of Worship Measure 1999.

PART 2

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Provided that—

TABLE 2 — Additional fees payable in connection with appeals

Fee
£
1. Application under rules 4-6 for leave to appeal or to determine the Court to which appeal lies or both. To be paid to the registrar specified below by the applicant on lodging the application—
for judge at first instance, or for the Dean of the Arches and Auditor if application is made to him or her 114
for registrar of the Court of first instance or, if the application is made to the Dean of the Arches and Auditor, for the registrar of the appellate court. 66
2. Appeal from decision of the Consistory Court or Vicar-General’s Court. To be paid to the registrars by the appellant on lodging the notice of appeal—
to the registrar of the court of first instance 221
to the registrar of the appellate court 111
Plus a fee, to be fixed by the registrar of the appellate court, in respect of the cost of preparing for the use of the members of the court five copies (in the case of the Court of Ecclesiastical Causes Reserved) or three copies (in the case of the Arches Court of Canterbury or the Chancery Court of York constituted in accordance with section 47(1)(b) of the Ecclesiastical Jurisdiction Measure 1963) of the following documents—
(i) the record of the proceedings at first instance and any other documents and exhibits transmitted by the registrar of the court of first instance to the registrar of the appellate court;
(ii) the note by the judge of the proceedings at first instance;
to be paid to the registrar of the appellate court by the appellant when assessed by the registrar.
3. Petition for Review under rule 17. To be paid to the registrar of the Court of Ecclesiastical Causes Reserved by the petitioner on lodging petition. 221
4. Interlocutory application within rule 19. To be paid to the registrar of the appellate court by the applicant on lodging the application. 32
5. Appeal against the decision of the registrar of the appellate court on an interlocutory application. To be paid to the registrar of the appellate court by the appellant on lodging the notice of appeal. 32

NOTES

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The fees set out above are additional to those set out in Table 1.

TABLE 3 — Fees for proceedings in respect of ecclesiastical offences

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TABLE 4 — Fees for proceedings under the Clergy Discipline Measure 2003

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TABLE 5 — Fees payable on taxation of costs

Fee
£
1. To be paid to registrar by party applying for taxation on lodging application. 29
2. To be paid to registrar by party applying on taxation of a bill of costs—
(a) where the amount allowed does not exceed £1,000 50
(b) where the amount allowed exceeds £1,000
(i) for the first £1,000 50
(ii) for every £20 or fraction thereof over £1,000. 0.50

NOTE

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TABLE 6 — Fees payable for permissions under the Overseas and Other Clergy (Ministry and Ordination) Measure 1967and for issue of the Archbishop’s licence for service chaplains and annual fees payable to some ecclesiastical judges

Fee
£
1. Fee payable to the Provincial Registrar for permission under the Overseas Clergy (Ministry and Ordination) Measure 1967 120
2. Fee payable to the Provincial Registrar for issue of the Archbishop’s licence for service chaplains 55
3. Annual fee for the Vicar-General of the Province of Canterbury 2,516
4. Annual fee for the Vicar-General of the Province of York 2,041
5. Annual fee for the President of Tribunals 3,100
6. Annual fee for the Deputy President of Tribunals 3,100

NOTE

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TABLE 7 — Fees for duties under the Patronage (Benefices) Rules 1987

Fees for work by the diocesan registrar in connection with—

except so far as the work is within the scope of the annual fee payable to the diocesan registrar under the Legal Officers (Annual Fees) Order for the time being in force made under section 5 of the Ecclesiastical Fees Measure 1986.

Fees payable to the diocesan registrar to be calculated in accordance with the Solicitors’ (Non-Contentious Business) Remuneration Order 2009 and to be payable by the person making the search or extract or requesting the certified copy.

NOTE

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TABLE 8 — Fees for elections to the General Synod

Fees for duties required to be performed as presiding officer at elections to the Lower Houses of the Convocations or to the House of Laity of the General Synod, payable to the diocesan registrar where he or she acts as presiding officer. Such fees, or fees calculated on such basis, as may be agreed from time to time between the diocesan registrar and the diocesan board of finance.

Signed

J Alpass — H Dellar — C Fletcher — M Goddard — J Jones — J Rees — E Renshaw — G Tattersall — T Walker — The Fees Advisory Commission — 6th July 2012

This Order was approved by the General Synod on 6th July 2012

C. J. Podmore — Clerk to the Synod

Explanatory note

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Footnotes

[^f00001]: 1986 No 2; relevant amendments were made by the Care of Churches and Ecclesiastical Jurisdiction Measure 1991 (1991 No 1), the Church of England (Miscellaneous Provisions) Measure 1995 (1995 No 2), S.I. 1998/1715, the Care of Places of Worship Measure 1999 (1999 No 2) and the Ecclesiastical Fees (Amendment) Measure 2011 (2011 No 2),

[^f00002]: 15 & 16 Geo. 5 No. 3; relevant amendments were made by the Synodical Government Measure 1969 (1969 No 2).

[^f00003]: S.I. 2011/1731.

[^f00004]: 2011 No 1.

[^f00005]: 1963 No 1 (relevant amendments were made by the Care of Churches and Ecclesiastical Jurisdiction Measure (1991 No 1)).

[^f00006]: 1999 No 2.

[^f00007]: S.I. 2000/2047.

[^f00008]: S.I. 2000/2048.

[^f00009]: 2003 No 3.

[^f00010]: 1967 No 3.

[^f00011]: S.I. 1987/773.

[^f00012]: 1986 No 3.

[^f00013]: S.I. 2009/1931.

[^f00014]: 2011 No 1.

Editorial notes

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