|
Dean of the Arches, Vicar General or Chancellor
|
Registrar or other Officers by usage performing the duty
|
|
£
|
£
|
1.
Archdeacon's Faculty Fee payable on lodging petition (rule 3).
|
- |
54 |
2.
Chancellor's Faculty. Fees payable on lodging petition (rule 3)
|
36 |
83 |
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.
|
130-205 |
84-123 |
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
|
36 |
31 |
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 of the case as a whole under rule 18-
|
|
|
(i) directions given by Judge
|
79-237 |
54-156 |
(ii) directions given by registrar
|
- |
79-237 |
(b) on giving of other directions-
|
|
|
(i) directions given by Judge or Court
|
32-94 |
23-61 |
(ii) directions given by registrar
|
- |
32-94 |
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-
|
|
|
(a) if the case lasts half a day or less
|
246 |
187 |
(b) if the case lasts a whole day or more than half
|
415 |
311 |
(fees on same scale for subsequent days) |
|
|
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 paidto be determined by the Court.
|
38 |
- |
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
|
- |
36 |
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(a))-
|
|
|
(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(b), "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(c), 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(d) applying to faculty proceedings in relation 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.
|
|
|
|
Fee
|
|
£
|
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-
|
|
for judge at first instance, or for the Dean of the Arches and Auditor if application is made to him |
86 |
for registrar of the Court of first instance or, if the application is made to the Dean of the Arches and Auditor, for the registrar of the appellate court |
50 |
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-
|
|
to the registrar of the court of first instance |
165 |
to the registrar of the appellate court |
84 |
Plus a fee, to be fixed by the registrar of the appellate court, in respect of the cost of preparing for the use of the members of the court five copies (in the case of the Court of Ecclesiastical Causes Reserved) or three copies (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) of the following documents- |
|
(i) 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;
|
|
(ii) the note by the judge of the proceedings at first instance
|
|
to be paid to the registrar of the appellate court by the appellant when assessed by the registrar. |
|
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.
|
165 |
4.
Interlocutory application within rule 19. To be paid to the registrar of the appellate court by the applicant on lodging the application
|
23 |
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.
|
23 |
|
Judge
|
Registrar
|
|
£
|
£
|
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
|
32-237 |
23-156 |
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
|
246 |
187 |
(b) if the case lasts a whole day or more than half
|
415 |
311 |
(fees on same scale for subsequent days) |
|
|
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.
|
38 |
|
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;
|
|
|
(d) all other documents required for the use of the Court.
|
|
|
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..
|
|
|
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 they were costs or expenses to which that section applies.
|
|
|
except so far as the work is within the scope of the annual fee payable to the diocesan registrar under the Legal Officers (Annual Fees) Order for the time being in force made under section 5 of the Ecclesiastical Fees Measure 1986.
Fees payable to the diocesan registrar to be calculated in accordance with the Solicitors' (Non-Contentious Business) Remuneration Order 1994[6] and to be payable by the person making the search to extract or requesting the certified copy.
NOTE: References to rules are to The Patronage (Benefices) Rules 1987.