The Ecclesiastical Judges and Legal Officers (Fees) Order 1996

• Citation: S.I. 1996/3085
• Sections: 31

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 Tables of the Schedule to the Ecclesiastical Judges and Legal Officers (Fees) Order 1995 . 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 1995 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 1996 and shall come into operation on the first day of January 1997.

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 judgment). To be paid to the registrar by the applicant on lodging the application —

for chancellor

Section 1

Fees payable on the Judge or Court giving directions (otherwise than at a hearing in respect of which fees are payable under paragraph 2 of this Table), such fees to be fixed by the Judge within the limits shown.

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 —

to the registrar of the court of first instance

Section 2

Fees payable where the issue, whether interlocutory or final, is heard in Court or in Chambers —

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

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

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

Fee on the Judge 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 as spent on such work.

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 4

On an appeal to the Arches Court of Canterbury, the Chancery Court of York or the Court of Ecclesiastical Causes Reserved, a fee, to be fixed by and paid to the registrar of the appellate court, in respect of the cost of preparing for the use of the members of the Court five copies of the following documents —

(a) the notice of appeal;

(b) 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;

(c) the note by the judge of the proceedings at first instance and any transcript of the judgment or any other part of the proceedings;

(d) all other documents required for the use of the Court.

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 —

(a) on a pre-trial review of the case as a whole under rule 18 —

(i) directions given by Judge

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 5

Fee in respect of all other work carried out by the Registrar in his capacity as such, in relation to proceedings to which this Table applies, on or after the date on which the proceedings were instituted in accordance with the Ecclesiastical Jurisdiction Measure 1963 or on which a person was authorised to act as complainant in accordance with that Measure (including preparatory and ancillary work and correspondence) — the fee to be calculated at an hourly rate fixed by the Judge in respect of the number of hours certified by the registrar and approved by the Judge as spent on such work.

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 or York, or the Court of Ecclesiastical Causes Reserved —

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

Section 6

(a) Subject to sub-paragraph (b) below, paragraphs 1 – 3 above apply to the Consistory Court,, the Arches Court of Canterbury,, the Chancery Court of York and the Court of Ecclesiastical Causes Reserved.

(b) “Judge”means the Chancellor or other presiding Judge of any Court concerned, provided that no fees are to be payable under this Table to any member of the Court of Ecclesiastical Causes Reserved.

(c) “Registrar”means the registrar of the Consistory Court, the Arches Court of Canterbury, the Chancery Court of York or the Court of Ecclesiastical Causes Reserved.

(d) Subject to any other order or direction by any Court concerned, fees under this Table are to be paid in accordance with section 62 of the Ecclesiastical Jurisdiction Measure 1963 or as if they were costs or expenses to which that section applies.

Section 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.

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.

(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 )—

(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) References to Rules are to the Faculty Jurisdiction Rules 1992 .