Ecclesiastical Judges and Legal Officers (Fees) Order 1991

• Citation: S.I. 1991/1756
• Sections: 28

Section 1

The Fees appearing in the Schedule to this Order are established. The Tables of the Schedule contain particulars of the Fees which are to be received, after the commencement of this Order, by the ecclesiastical judges and legal officers named in the Schedule for carrying out by them of the duties of their offices specified in the Schedule.

Section 2

The Fees established and set out in Tables I, II , III , IV , V and VI of the Schedule to the Ecclesiastical Judges and Legal Officers (Fees) Order 1990 shall no longer be payable.

Section 3

(a) Subject to the provisions of this paragraph nothing in this Order shall preclude a diocesan board of finance from agreeing to pay an additional fee to a diocesan registrar by way of annual fee or retainer (hereinafter called a “supplementary annual fee”) which is in addition to the annual fee or fees prescribed by Order made under the Ecclesiastical Fees Measure 1986.

(b) An agreement made under sub-paragraph (a) above shall be expressed to be an agreement for a payment by way of supplementary annual fee.

(c) An agreement made under sub-paragraph (a) above shall be in writing. The period for which the agreement is to run shall be stated in the agreement. In the absence of any such statement the agreement shall remain binding until determined by not less than three months' notice on either side.

(d) The body responsible for paying a supplementary annual fee shall be the diocesan board of finance.

Section 4

A fee specified in the Schedule to this Order may be increased by a sum for reasonable expenses of travel, subsistence and accommodation.

Section 5

Where Value Added Tax is chargeable in respect of the provison of any service for which a fee is prescribed in this Order there shall be payable in addition to that fee the amount of the Value Added Tax.

Section 6

This Order may be cited as the Ecclesiastical Judges and Legal Officers (Fees) Order 1991 and shall come into operation on the first day of January 1992.

Section 1

Archdeacon’s Certificate. Fee payable on application(rule 3(1)).

Section 1

Fee payable to Provincial Registrar for permission under Overseas and Other Clergy (Ministry and Ordination) Measure 1967

Section 1

Application under rule 3 to determine the Court to which appeal lies (except where application is made immediately after giving of judgement). To be paid to registrar by applicant on lodging application–

for chancellor

Section 1

To be paid to registrar by party applying for taxation on lodging application

Section 1

Fees for duties required to be performed as presiding officer at general elections to the Lower Houses of the Convocations or to the House of Laity of the General Synod or at elections to fill vacancies if the full election procedure is used in accordance with Rule 35(1) of the Clergy Representation Rules 1975 to 1989 or Rule 39(5) of the Church Representation Rules, payable to the diocesan registrar where he acts as presiding officer.

Section 2

Major Faculty (being matters enumerated by the Chancellor). Fees payable on lodging Petition (rule 4(1)).

Section 2

Annual fee for Vicar-General of the Province of Canterbury

Section 2

Appeal under rule 4. To be paid to registrars by appellant on lodging notice of appeal–

to registrar of diocese

Section 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

Section 2

Fee for duties required to be performed as presiding officer at elections to fill casual vacancies to the Lower Houses of the Convocations or to the House of Laity of the General Synod if the shortened procedure is used in accordance with Rule 35(3) and (4) of the Clergy Representation Rules 1975 to 1989 or Rule 39(6) of the Church Representation Rules, payable to the diocesan registrar where he acts as a presiding officer.

Section 3

Minor Faculty (all other cases). Fees payable on lodging Petition (rule 4(1)).

Section 3

Annual fee for Vicar-General of the Province of York

Section 3

Petition for Review under rule 9. To be paid to registrar of Court of Ecclesiastical Causes Reserved by petitioner on lodging petition.

Section 4

Additional fees where the Judge has ordered under rule 6A 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 Judge within the limits shown.

Section 4

Interlocutory application under rule 11(2). To be paid to registrar of appellate court on lodging notice of appeal.

Section 5

On the Judge giving directions under rule 8 that an application for an Archdeacon’s Certificate is to be treated as a Petition for a Major Faculty, the applicant, if he wishes to proceed, shall pay further fees of

Section 5

Appeal under rule 11(6). To be paid to registrar of appellate court by appellant on lodging notice of appeal.

Section 6

On the Judge giving directions under rule 8 that an application for an Archdeacon’s Certificate is to be treated as a Petition for a Minor Faculty, the applicant, if he wishes to proceed, shall pay further fees of

Section 7

Additional fees on the Judge or registrar giving other directions (otherwise than at a hearing in respect of which fees are payable under paragraph 8 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 5A(8):–

(i) directions given by Judge

Section 8

Additional fees where the issue, whether opposed or unopposed, whether interlocutory or final, is to be heard in Court or Chambers:–

(a) cases before the Chancellor’s Court or the Court of Arches or the Chancery Court of York:

(i) if a case lasts half a day or less

Section 9

Additional fee on the Chancellor or the Presiding Judge of the Appellate Court preparing a written judgement 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 Chancellor or Presiding Judge as spent in such work, and by whom the fee is to be paid to be determined by the Court.

Section 10

Preparatory and ancillary work and correspondence (if any) in relation to application for Archdeacon’s Certificate or Petition for Major or Minor Faculty–not to exceed without the sanction of the Chancellor or the Presiding Judge of the Appellate Court.