The Ecclesiastical Judges and Legal Officers (Fees) Order 1995

• Citation: S.I. 1995/1961
• Sections: 25

Section 1

The fees appearing in the Tables of the Schedule to this Order are established and are substituted for the fees appearing in the corresponding Tables of the Schedule to the Ecclesiastical Judges and Legal Officers (Fees) Order 1994 . 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 Ecclesiastical Judges and Legal Officers (Fees) Order 1994 is hereby revoked.

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 shall be increased by a sum for reasonable expenses of travel, subsistence, accommodation and the holding of court hearings.

Section 5

Where Value Added Tax is chargeable in respect of the provision 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 1995 and shall come into operation on the first day of January 1996.

Section 1

Archdeacon’s Faculty. Fee payable on lodging petition (rule 3).

Section 1

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

Section 1

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

Section 1

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

Section 2

Chancellor’s Faculty. Fees payable on lodging petition (rule 3).

Section 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—

Section 2

To be paid to registrar by party applying on taxation of a bill of costs—

Section 2

Annual fee for the Vicar-General of the Province of Canterbury

Section 3

Additional fees where the Chancellor has ordered under rule 25 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.

Section 3

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

Section 3

Annual fee for the Vicar-General of the Province of York

Section 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 6(5), 7 or 9, the petitioner, if he wishes to proceed, shall pay a further fee of

Section 4

Interlocutory application. To be paid to the registrar of the appellate court by the applicant on lodging the application.

Section 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—

Section 5

Appeal against the decision of the registrar of the appellate court on an interlocutory application. To be paid to the registrar of appellate court by the appellant on lodging notice of appeal.

Section 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 Causes Reserved—

Section 7

Fee on the Judge or other member of the 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 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.

Section 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.

Section 9

(a) No fees are payable under paragraphs 5, 6 and 7 to the members of the Court of Ecclesiastical Causes Reserved.