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STATUTORY INSTRUMENTS


2006 No. 1940

ECCLESIASTICAL LAW, ENGLAND

FEES

The Legal Officers (Annual Fees) Order 2006

  Made (Approved by the General Synod) 7th July 2006 
  Laid before Parliament 25th July 2006 
  Coming into force 1st January 2007 

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

Citation and commencement
     1. —(1) This Order may be cited as the Legal Officers (Annual Fees) Order 2006.

    (2) This Order shall come into operation on the first day of January 2007.

Establishment of fees
    
2. The fees appearing in Schedule 1 to this Order are established. The Tables of that Schedule contain particulars of the annual fees which are to be received, after the commencement of this Order, by—

    (1) the legal officers named in Table I of that Schedule in respect of the carrying out by them of the duties of their offices specified in Schedule 2 to this Order, and

    (2) by the legal officers named in Part A of Table II of Schedule 1 in respect of the carrying out by them of the duties of their offices except the duties and professional services specified in Part B of Table II as not falling within the scope of the annual fee.

Payment of fees
    
3. The fees established and set out in the second column of Table I of Schedule 1 to this Order are to be paid by the diocesan board of finance. The fees established and set out in the third column of the said Table I and in Table II of that Schedule are the liability of the diocesan bishop or archbishop, subject to the provisions of section 8 of the Ecclesiastical Fees Measure 1986.

Revocation of 2005 No.2 Order
    
4. The Legal Officers (Annual Fees) (No.2) Order 2005[2] is hereby revoked.

Duties of the diocesan registrar
     5. The diocesan registrar shall perform the duties and provide the professional services specified in Schedule 2 to this Order in consideration of the annual fee set out in Table I of Schedule 1 to this Order for his or her diocese and shall not be entitled to receive any other remuneration for such duties or services save as provided by this Order.

Supplementary annual fee
    
6. —(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 payable under Table I of Schedule 1 to this Order.

    (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 that three months' notice on either side.

    (4) The body responsible for paying a supplementary annual fee shall be the diocesan board of finance.

Travel, subsistence and accommodation
    
7. A fee specified in Schedule 1 to this Order shall be increased by a sum for reasonable expenses of travel, subsistence and accommodation.

Value Added Tax
    
8. 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 Schedule 2 to this Order) there shall be payable in addition to that fee the amount of Value Added Tax.



Approved by the General Synod on


7th July 2006


A Rutherford

G F Tattersall

A R Hargreaves-Smith

M A Chamberlain

A Whittam Smith

T E Allen

David Williams
Clerk to the Synod


SCHEDULE 1

FEES ESTABLISHED BY THIS ORDER




TABLE I

ANNUAL FEES PAYABLE TO DIOCESAN REGISTRARS (SUBSTITUTED FOR TABLE I OF SCHEDULE 1 TO THE LEGAL OFFICERS (ANNUAL FEES) (NO.2) ORDER 2005)

Diocese Payable by Diocesan Board of Finance Liability of the Diocesan Bishop Total
           £ £ £
Bath and Wells 32,010 18,797 50,807
Birmingham 19,839 15,561 35,400
Blackburn 21,362 18,971 40,333
Bradford 14,612 19,276 33,888
Bristol 19,546 15,318 34,864
Canterbury 22,264 17,493 39,757
Carlisle 23,189 16,027 39,216
Chelmsford 35,347 20,658 56,005
Chester 25,845 17,533 43,378
Chichester 28,959 21,261 50,220
Coventry 18,215 18,071 36,286
Derby 21,772 17,831 39,603
Durham 21,013 18,353 39,366
Ely 22,938 17,906 40,844
Exeter 33,078 19,333 52,411
Gloucester 24,265 17,297 41,562
Guildford 17,401 18,238 35,639
Hereford 23,647 17,859 41,506
Leicester 22,584 15,705 38,289
Lichfield 31,882 20,216 52,098
Lincoln 36,584 14,842 51,426
Liverpool 20,768 18,379 39,147
London 33,880 22,001 55,881
Manchester 23,476 20,848 44,324
Newcastle 20,561 14,762 35,323
Norwich 38,118 15,732 53,850
Oxford 47,185 15,419 62,604
Peterborough 23,628 19,657 43,285
Portsmouth 13,474 19,613 33,087
Ripon and Leeds 18,706 16,084 34,790
Rochester 21,947 17,828 39,775
St Albans 26,472 19,378 45,850
St Edmundsbury and Ipswich 28,848 18,672 47,520
Salisbury 32,029 18,156 50,185
Sheffield 19,637 16,944 36,581
Southwark 25,345 22,370 47,715
Southwell and Nottingham 21,429 18,144 39,573
Truro 21,243 15,653 36,896
Wakefield 18,816 17,817 36,633
Winchester 24,626 19,030 43,656
Worcester 18,473 17,141 35,614
York 31,622 19,509 51,131



TABLE II

FEES PAYABLE TO PROVINCIAL REGISTRARS



PART A

FEES PAYABLE TO THE PROVINCIAL REGISTRARS (SUBSTITUTED FOR TABLE II, PART A, OF SCHEDULE 1 TO THE LEGAL OFFICERS (ANNUAL FEES) (NO.2) ORDER 2005)

                      Fee

£

1. Annual fee for Joint Registrars of the Province of Canterbury 107,900
2. Annual fee for Registrar of the Province of York 50,865



PART B

DUTIES AND PROFESSIONAL SERVICES NOT FALLING WITHIN THE SCOPE OF THE ANNUAL FEE

Duties and professional services in connection with the following matters shall not fall within the scope of the annual fee payable to Provincial Registrars:

Advice or other work in connection with disciplinary proceedings against a clerk in Holy Orders which have been instituted under section 10 of the Clergy Discipline Measure 2003[
3] or in respect of any disciplinary matters arising under or in relation to that Measure including under sections 30 and 31.

(In respect of such advice, a fee calculated in accordance with the Solicitors' (Non-Contentious Business) Remuneration Order 1994[4] shall be payable by the bishop (except in relation to advice and other work for which a fee is payable under the Ecclesiastical Judges, Legal Officers and Others (Fees) Order for the time being in force made under section 6 of the Ecclesiastical Fees Measure 1986).)



SCHEDULE 2

THE SCOPE OF THE ANNUAL FEE


Professional services to be provided by the diocesan registrar
     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 or her under this Order shall include —

    (1) 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;

    (2) Acting as Registrar to the Diocesan Synod and attendance at its meetings;

    (3) Attendance at the Bishop's Council and Standing Committee if required by that Committee;

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

    (5) Maintaining 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 (1) and (6) hereof;

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

    (7) Giving 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;

    (8) Giving 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;

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

    (10) 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;

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

    (12) Drafting and preparing, approving, engrossing and registering all notices, licences, consents, permissions, instruments and other documents required by law or customarily used in connection with the following matters —

    (13) Acting in relation to the following matters on the instructions of the Diocesan Bishop, Suffragan Bishops or Archdeacons or on the instructions of a diocesan board or council whose business properly includes such matters—

    (14) Work in connection with the following matters—

Restrictions on the provisions of paragraph 1
     2. The provisions of paragraph 1 hereof shall be restricted as follows—

    (1) Where the Registrar receives a request for advice on any matter properly falling within paragraph 1 sub-paragraphs (1), (5), (6), (7) and (8)—

    (2) The Registrar shall not be required to attend meetings of diocesan boards, councils and committees except upon an occasional basis to give legal advice on specific matters. (The Registrar may attend such meetings regularly to give general advice and assistance if requested to do so by the board, council or committee in question and in that case he or she shall be entitled to be separately remunerated for this work.)

Advice or assistance given to the Diocesan Bishop, Suffragan Bishops or Archdeacons
     3. The provisions of paragraph 2(1) 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.

Work not falling within the scope of the annual fee
     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—

    (1) Conveyancing and drafting of documents other than those referred to in paragraph 1 sub-paragraphs (12) and (13) hereof;

    (2) Matters relating to individual diocesan, parochial or educational trusts or to individual pieces of diocesan glebe property;

    (3) Litigation;

    (4) Acting as secretary to the Vacancy in See Committee constituted under The Vacancy in See Committees Regulation 1993 (as amended) on a vacancy in the see of the Diocesan Bishopric;

    (5) Deposition or deprivation consequent upon proceedings in secular courts, including the following—

    (6) Advice or other work in connection with proceedings against a clerk in Holy Orders under the Ecclesiastical Jurisdiction Measure 1963 in respect of an ecclesiastical offence which have been instituted under that Measure or are under consideration or in connection with an allegation of such an offence which is under investigation with the knowledge and approval of the bishop (excluding advice and other work for which a fee is payable under the Ecclesiastical Judges, Legal Officers and Others (Fees) Order for the time being in force made under section 6 of the Ecclesiastical Fees Measure 1986). (The fee is payable by the bishop.)

    (7) Advice or other work in connection with disciplinary proceedings against a clerk in Holy Orders which have been instituted under section 10 of the Clergy Discipline Measure 2003 or in respect of any disciplinary matters arising under or in relation to that Measure including under sections 30 and 31. (The fee is payable by the bishop.)

    (8) Advice or other work in connection with the revocation by reason of misconduct of a licence granted by the bishop to a deaconess or lay worker or reader to minister in the diocese, or in connection with a revocation of such a licence which is under consideration or with an allegation of misconduct by such a person which might lead to such a revocation and which is under investigation with the knowledge and approval of the bishop. (The fee is payable by the bishop.)

    (9) Advice to the diocesan bishop or other work carried out at his request in connection with proceedings or possible future proceedings under the Incumbents (Vacation of Benefices) Measures 1977 and 1993 in a case where notice has been given to the bishop under section 1A(1A) of the Incumbents (Vacation of Benefices) Measure 1977 or the giving of such notice is under consideration. (The fee is payable by the bishop.)

    (10) Pronouncing of censure under section 31 of the Ecclesiastical Jurisdiction Measure 1963 with the consent of the accused (the fee is payable by the bishop);

    (11) Work undertaken on behalf of a person who is not an official in the diocese or on behalf of a body which is not a diocesan board or council in connection with the following matters—

    (12) Removal of the legal effects of consecration under section 22 of the Care of Churches and Ecclesiastical Jurisdiction Measure 1991;

    (13) Work carried out in relation to the register of patrons under Part I of the Patronage (Benefices) Measure 1986 where a fee calculated in accordance with the Solicitors' (Non-Contentious Business) Remuneration Order 1994 is payable under the Ecclesiastical Judges, Legal Officers and Others (Fees) Order for the time being in force made under section 6 of the Ecclesiastical Fees Measure 1986;

    (14) Acting as Chapter Clerk (whether or not the Diocesan Registrar holds the office of Chapter Clerk) and in particular doing the following work, namely work in connection with the following matters—

(These fees are payable out of Cathedral Revenues);

    (15) Attendance at and work in connection with any visitation by the Diocesan Bishop of the Cathedral Church of the Diocese and in connection with any action taken or proposed to be taken by the Diocesan Bishop under the Care of Cathedrals (Supplementary Provisions) Measure 1994.

Disbursements
     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.



EXPLANATORY NOTE

(This note is not part of the Order)


This Order applies an increase of 3.775% (a weighted inflationary formula of 25% RPI and 75% AEI (2.8% and 4.1% respectively in 2005) to the total of annual fees for diocesan registrars fixed by the Legal Officers (Annual Fees) (No.2) Order 2005. The increased total is then apportioned as to each registrar's individual fee according to a formula based on the number of parishes and stipendiary clergy in each diocese.

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

The Order provides that duties and professional services undertaken by registrars and provincial registrars in connection with the Clergy Discipline Measure 2003 shall not fall within the scope of this annual fee but will be calculated in accordance with the Solicitors (Non-Contentious Business) Remuneration Order 1994.

The Order will have effect from 1st January 2007.


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 16.back

[2] S.I. 2005/2018.back

[3] 2003 No. 3back

[4] S.I. 1994/2616back



ISBN 0 11 074873 5


 © Crown copyright 2006

Prepared 25 July 2006


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