The Ecclesiastical Judges, Legal Officers and Others (Fees) Order 2002

• Citation: S.I. 2002/1892
• Sections: 10

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 Schedule 1 to the Ecclesiastical Judges, Legal Officers and Others (Fees) Order 2001 . The Tables of the Schedule to the Order contain particulars of the fees which are to be received, after the commencement of this Article:

(a) by the ecclesiastical judges and legal officers named in that Schedule for carrying out by them of the duties of their offices specified in that Schedule; and

(b) by diocesan boards of finance in respect of the matters specified in Part II of Table I of that Schedule.

Section 2

The Ecclesiastical Judges, Legal Officers and Others (Fees) Order 2001 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 (other than a fee specified in Part II of Table I of that Schedule) 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

(1) This Order may be cited as the Ecclesiastical Judges, Legal Officers and Others (Fees) Order 2002.

(2) This Order shall come into operation on the first day of January 2003.

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

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

(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 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 seciton 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) 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 , “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 , and reference to any provision of the Rules shall include references to the corresponding provision of the Faculty Jurisdiction Rules (Care of Places of Worship) Rules 2000 applying to faculty proceedings in relatoin 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.