Ecclesiastical Fees Measure 1986

Ecclesiastical Judges’ and Legal Officers’ FeesE

[F14 Constitution of Fees Advisory CommissionE

(1)There shall be a Fees Advisory Commission, which shall be constituted as follows—

(a)one member shall be a member of the House of Bishops of the General Synod nominated by that House;

(b)one member shall be a Church Commissioner or an officer of the Church Commissioners nominated by them;

(c)one member shall be the chairman of a diocesan board of finance nominated by representatives of dioceses;

(d)one member shall be a registrar of a diocese nominated by the Ecclesiastical Law Association;

(e)one member shall be a chancellor of a diocese nominated by the Ecclesiastical Judges Association;

(f)one member shall be the registrar of the province of Canterbury or the province of York nominated by the two registrars acting jointly;

(g)three members shall be appointed by the Appointments Committee of the Church of England who are not eligible for nomination under any of paragraphs (a) to (f), of whom at least one but not more than two must be members of the House of Clergy or the House of Laity of the General Synod.

(2)In the event of a disagreement between the registrars of the provinces of Canterbury and York as to the nomination of a member under subsection (1)(f), the first such nomination after the coming into force of section 3 of the Ecclesiastical Fees (Amendment) Measure 2011 shall be decided by drawing lots and, thereafter, the registrars shall serve for alternate terms of office.

(3)As soon as practicable after each ordinary election of the General Synod new members of the Commission shall be nominated or appointed and shall hold office until, after the next such ordinary election, a new member is nominated or appointed to replace that member.

(4)In subsection (1)(c) “representatives of dioceses” means persons, being officers or members of a diocesan board of finance or members of the House of Clergy or the House of Laity of the General Synod elected for a diocese, chosen under arrangements approved by the Archbishops of Canterbury and York acting jointly to represent dioceses in consultations on financial matters.

(5)The members of the Commission shall be eligible for renomination or reappointment.

(6)If any member dies or resigns his or her office the relevant body responsible for appointing or nominating that member shall, as soon as practicable, appoint or nominate a member to fill the vacancy and a person so appointed or nominated shall hold office only for the unexpired portion of the term of office of the person in whose place that person was appointed or nominated and shall be eligible for reappointment or renomination.

(7)There shall be a member known as the Chair of the Commission, who shall be chosen by the Commission from among the members appointed under subsection (1)(g).

(8)The quorum of the Commission shall be three members, of whom one member shall be a member nominated under subsection (1)(a), (b) or (c), one member shall be a member nominated under subsection (1)(d), (e) or (f) and one member shall be a member appointed under subsection (1)(g).

(9)Subject to subsection (8), the Commission may act notwithstanding any vacancy in its membership.

(10)Subject to subsection (8), the Commission shall have power to regulate its own procedure.]

5 Legal Officers (Annual Fees) Orders.E

[F2(1)The Fees Advisory Commission shall inform itself of the duties of the offices of ecclesiastical judges and legal officers and may make recommendations as to the annual fees to be paid to them in respect of such of those duties as are specified by the Commission, and the Commission may make an order to give effect to its recommendations.]

(2)Any order made under subsection (1) above may contain such incidental provisions as the Fees Advisory Commission considers necessary or desirable [F3, including provision for payments in respect of reasonable expenses incurred by ecclesiastical judges and legal officers on travel, subsistence, accommodation and the holding of court hearings].

(3)Any order made under subsection (1) above shall be laid before the General Synod and shall not come into force until it has been approved by the General Synod.

(4)Where the Standing Committee of the General Synod determines that [F4an order made under subsection (1) above] does not need to be debated by the General Synod, then, unless notice is given by a member of the General Synod in accordance with its Standing Orders that he wishes the order to be debated, the order shall for the purposes of subsection (3) above be deemed to have been approved by the General Synod.

(5)The M1Statutory Instruments Act 1946 shall apply to [F4an order made under subsection (1) above] approved by the General Synod as if it were a statutory instrument and were made when so approved and as if this Measure were an Act providing that any such order shall be subject to annulment in pursuance of a resolution of either House of Parliament.

6 Ecclesiastical Judges and Legal Officers (Fees) Orders.E

(1)The Fees Advisory Commission may make recommendations as to the fees to be paid in respect of such duties performed by ecclesiastical judges and legal officers as are specified by the Commission [F5to such persons as are so specified, and the Commission may make an order to give effect to their recommendations].

[F6(1A)The Fees Advisory Commission may also make recommendations as to the fees to be paid in respect of such functions performed by Diocesan Advisory Committees and archdeacons in connection with proceedings or proposed proceedings to which this subsection applies as are specified by the Commission to such persons as are so specified, and an order made under subsection (1) above may give effect to those recommendations.

This subsection applies to proceedings for obtaining a faculty in respect of any building (including any monument, curtilage, object or structure belonging to it) which is subject to the faculty jurisdiction of a consistory court by virtue of section 3 of the Care of Places of Worship Measure 1999, not being a building which is subject to a sharing agreement made on behalf of the Church of England in pursuance of the Sharing of Church Buildings Act 1969.]

(2)Any order made under subsection (1) above may contain such incidental provisions as the Fees Advisory Commission considers necessary or desirable [F7, including provision for payments to be made in respect of reasonable expenses incurred by ecclesiastical judges and legal officers on travel, subsistence, accommodation and the holding of court hearings].

(3)Any order made under subsection (1) above shall be laid before the General Synod and shall not come into force until it has been approved by the General Synod, whether with or without amendment.

(4)Where the Standing Committee of the General Synod determines that an [F8order made under subsection (1) above] does not need to be debated by the General Synod, then, unless—

(a)notice is given by a member of the General Synod in accordance with its Standing Orders that he wishes the order to be debated, or

(b)notice is so given by any such member that he wishes to move an amendment to the order F9. . .,

the order shall for the purposes of subsection (3) above be deemed to have been approved by the General Synod without amendment.

(5)The M2Statutory Instruments Act 1946 shall apply to an [F8order made under subsection (1) above] approved by the General Synod as if it were a statutory instrument and were made when so approved and as if this Measure were an Act providing that any such order shall be subject to annulment in pursuance of a resolution of either House of Parliament.