The Ecclesiastical Judges, Legal Officers and Others (Fees) Order 2003

• Citation: S.I. 2003/1933
• 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 Schedule 1 to the Ecclesiastical Judges, Legal Officers and Other (Fees) Order 2002 . 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 Other (Fees) Order 2002 is hereby revoked.

Section 3

(1) 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.

(2) An agreement made under sub-paragraph (1) above shall be expressed to be an agreement for a payment by way of supplementary annual fee.

(3) An agreement made under sub-paragraph (1) 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.

(4) 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 2003.

(2) This Order shall come into operation on the first day of January 2004.

Section 1

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

Section 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–

Section 1

Fees payable on the Judge or Court giving directions (otherwise than at the 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 Court or Vicar-General’s Court. To be paid to the registrars by the appellant on lodging the notice of appeal–

Section 2

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

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 17. 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 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 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 within rule 19. 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

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 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 of York, or the Court of Ecclesiastical Causes Reserved–

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.

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 fees 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.