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United Kingdom Statutory Instruments


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URL: http://www.bailii.org/uk/legis/num_reg/2001/20012665.html

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STATUTORY INSTRUMENTS


2001 No. 2665

ECCLESIASTICAL LAW, ENGLAND

FEES

The Legal Officers (Annual Fees) Order 2001

  Made (Approved by the General Synod) 6th July 2001 
  Laid before Parliament 24th July 2001 
  Coming into force 1st January 2002 

We, the Fees Advisory Commission constituted in accordance with the provisions of section 4 of the Ecclesiastical Fees Measure 1986[1], in the exercise of the powers conferred by section 5 do hereby order as follows - 

     1. The Fees appearing in the Schedule to this Order are established. The tables of the Schedule contain particulars of the Annual Fees which are to be received, after the commencement of this Order, by the legal officers named in Table I of the Schedule (hereinafter referred to as "Table I") in respect of the carrying out by them of the duties of their offices specified in the Appendix hereto (hereinafter referred to as "the Appendix") and by the legal officers named in Table II of the Schedule in respect of the carrying out by them of the duties of their offices.

    
2. The Fees established and set out in the second column of Table I of the Schedule are to be paid by the diocesan board of finance. The Fees established and set out in the third column of Table I and in Table II of the Schedule are the liability of the diocesan bishop or archbishop, subject to the provisions of section 8 of the Ecclesiastical Fees Measure 1986.

    
3. The Legal Officers (Annual Fees) Order 2000[2] is hereby revoked.

     4. The diocesan registrar shall perform the duties and provide the professional services set forth in the Appendix in consideration of the annual fee set out in Table I to this Order for his diocese and shall not be entitled to receive any other remuneration for such duties or services save as provided by this Order.

    
5.

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

    
7. Where Value Added Tax is chargeable in respect of the provision of any service for which a fee is prescribed in this Order (including any fee specified in paragraph 4 of the Appendix) there shall be payable in addition to that fee the amount of the Value Added Tax.

    
8. This Order may be cited as the Legal Officers (Annual Fees) Order 2001 and shall come into operation on the first day of January 2002.

Dated this fifth day of June 2001


J Laws

G F Tattersall

H M Morgan

M G S Farrell

C A Pym

T E Allen


Approved by the General Synod


D M Williams
Clerk to the Synod

the 6th day of July 2001



APPENDIX

THE SCOPE OF THE ANNUAL FEE


     1. Subject to the restrictions contained in paragraphs 2 and 3 hereof, the professional services provided by the diocesan registrar in respect of the annual fee paid to him under this Order shall include - 

    A. Giving of advice to the Diocesan Bishop, Suffragan Bishops, Archdeacons, Chairmen of the Houses of the Diocesan Synod, Rural Deans and Lay Chairmen of Deanery Synods, Incumbents and all other clergymen, beneficed or licensed in the diocese, on any legal matter properly arising in connection with the discharge of their respective ecclesiastical or synodical offices, and giving of advice to chairmen and secretaries of diocesan boards, councils and committees on any legal matter properly arising in connection with the business of the respective boards, councils and committees;

    B. Acting as Registrar to the Diocesan Synod and attendance at its meetings;

    C. Attendance at the Bishop's Council and Standing Committee if required by that Committee;

    D. Occasional attendance at meetings of diocesan boards, councils and committees for the purpose of giving advice on specific matters;

    E. Maintaining of all such records of the diocese as are customarily kept by the diocesan registrar including the making of entries therein, and the making of searches and reports on matters recorded in the Registry or in documents held in the diocesan muniment room at the request of persons or bodies referred to in sub-paragraphs A and F hereof;

    F. Giving of advice to churchwardens and secretaries of PCCs on any legal matter properly arising in connection with their duties or official business;

    G. Giving of advice to any person concerned in or with the administration of an election under the Church Representation Rules on any question properly arising under those Rules;

    H. Giving of advice to a bona fide enquirer concerning the law of marriage, baptism, confirmation and burial of the dead according to the rites and ceremonies of the Church of England;

    I. Giving of advice to persons considering or proposing to make an application for a legal aid certificate for financial assistance from the ecclesiastical legal aid fund maintained under section 1 of the Church of England (Legal Aid) Measure 1994;

    J. Acting as Registrar to the Consistory Court of the diocese except in so far as a separate fee is prescribed by Order made under the Ecclesiastical Fees Measure 1986 or except in so far as this Order provides that a fee calculated in accordance with the Solicitors' (Non-Contentious Business) Remuneration Order 1994 is payable;

    K. Attendance at episcopal visitations (other than visitations by the Diocesan Bishop of the Cathedral Church of the diocese);

    L. Drafting or preparing, approving, engrossing and registering of all notices, licences, consents, permissions, instruments and other documents required by law or customarily used in connection with the following matters - 

    M. Acting in relation to the following matters on the instructions of the Diocesan Bishop, Suffragan Bishops, Archdeacons or on the instructions of a diocesan board or council whose business properly includes such matters - 

    N. Work in connection with the following matters - 

     2. The provisions of paragraph 1 hereof shall be restricted as follows - 

     3. The provisions of paragraph 2(a) hereof shall not apply to advice and assistance given as legal secretary or diocesan registrar to the Diocesan Bishop, or as diocesan registrar to Suffragan Bishops or Archdeacons.

     4. For the avoidance of doubt work in connection with the following matters shall not fall within the scope of the annual fee but a fee calculated in accordance with the Solicitors' (Non-Contentious Business) Remuneration Order 1994 shall be payable - 

     5. If any disbursements other than expenses specified in paragraph 6 of this Order are incurred in the course of providing any of the professional services in paragraph 1 above the diocesan registrar shall be entitled to charge for them separately.



SCHEDULE

TABLE I



ANNUAL FEES PAYABLE TO DIOCESAN REGISTRARS (SUBSTITUTED FOR TABLE I OF THE SCHEDULE TO THE LEGAL OFFICERS (ANNUAL FEES) ORDER 2000)


Diocese Payable by Diocesan Board of Finance Liability of the Diocesan Bishop Total
£ £ £
Bath & Wells 27,042 15,880 42,922
Birmingham 16,808 13,183 29,991
Blackburn 18,074 16,051 34,124
Bradford 11,737 15,483 27,220
Bristol 16,248 12,733 28,982
Canterbury 18,797 14,769 33,565
Carlisle 19,611 13,554 33,165
Chelmsford 30,255 17,682 47,936
Chester 21,693 14,717 36,410
Chichester 24,403 17,916 42,319
Coventry 15,238 15,118 30,355
Derby 18,309 14,995 33,304
Durham 18,323 16,003 34,326
Ely 19,457 15,188 34,645
Exeter 28,164 16,461 44,625
Gloucester 20,466 14,589 35,055
Guildford 14,602 15,305 29,908
Hereford 19,915 15,040 34,955
Leicester 18,992 13,207 32,199
Lichfield 26,676 16,915 43,591
Lincoln 31,172 12,646 43,818
Liverpool 17,699 15,663 33,363
London 28,473 18,489 46,962
Manchester 20,087 17,838 37,925
Newcastle 17,105 12,280 29,384
Norwich 32,038 13,222 45,260
Oxford 40,354 13,187 53,542
Peterborough 19,949 16,597 36,546
Portsmouth 11,128 16,199 27,326
Ripon & Leeds 15,573 13,390 28,963
Rochester 18,169 14,760 32,929
St Albans 22,222 16,267 38,488
St Edmundsbury & Ipswich 24,060 15,573 39,632
Salisbury 26,815 15,201 42,015
Sheffield 16,499 14,236 30,735
Southwark 21,640 19,100 40,740
Southwell 17,985 15,227 33,213
Truro 17,846 13,151 30,997
Wakefield 15,804 14,965 30,770
Winchester 20,484 15,829 36,313
Worcester 15,722 14,589 30,312
York 26,908 16,600 43,508



TABLE II

FEES PAYABLE TO THE PROVINCIAL REGISTRARS (SUBSTITUTED FOR TABLE II OF THE SCHEDULE TO THE LEGAL OFFICERS (ANNUAL FEES) ORDER 2000)


     Fee
     £
     1. Annual fee for Joint Registrars of the Province of Canterbury

86,900
     2. Annual fee for Registrar of the Province of York

40,600



EXPLANATORY NOTE

(This Note is not part of the Order)


This Order increases the annual fees for diocesan registrars fixed by the Legal Officers (Annual Fees) Order 2000.

The Order also fixes new annual fees for the provincial registrars.

The Order will come into force on 1st January 2002.


Notes:

[1] 1986 No. 2; amended by the Care of Churches and Ecclesiastical Jurisdiction Measure 1991 (1991 No. 1), Schedule 6, the Church of England (Miscellaneous Provisions) Measure 1995 (1995 No. 2), section 14, the Care of Places of Worship Measure 1999 (1999 No. 2), Schedule 2 and the Church of England (Miscellaneous Provisions) Measure 2000 (2000 No. 1), section 16back

[2] S.I. 2000/2046back



ISBN 0 11 029786 5


 © Crown copyright 2001

Prepared 1 August 2001


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URL: http://www.bailii.org/uk/legis/num_reg/2001/20012665.html