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 the Schedule to the Ecclesiastical Judges, Legal Officers and Others (Fees) Order 2004. The Tables of the Schedule to this Order contain particulars of the fees which are to be received, after the commencement of this Article—

(1)    by the ecclesiastical judges and legal officers named in that Schedule in respect of carrying out by them of the duties of their offices specified in that Schedule; and

(2)    by diocesan boards of finance in respect of the matters specified in Part II of Table I of that Schedule.

The Ecclesiastical Judges, Legal Officer and Others (Fees) Order 2004 is hereby revoked.

(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 that three months' notice on either side.

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

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.

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.

(1)    This Order may be cited as the Ecclesiastical Judges, Legal Officers and Others (Fees) Order 2005.

(2)    This Order shall come into operation on the first day of January 2006.

Approved by the General Synod on 8th July 2005

J Laws

G F Tattersall

H M Morgan

M A Chamberlain

A Whittam Smith

T E Allen

David Williams

Clerk to the Synod

This Order increases the fees fixed by Table I of the Ecclesiastical Judges, Legal Officers and Others (Fees) Order 2004 (“the 2004 Order”) in relation to faculty proceedings (including proceedings in cases under the Care of Places of Worship Measure 1999), proceedings for an injunction or a restoration order under section 13(4) and (5) of the Care of Churches and Ecclesiastical Jurisdiction Measure 1991 (including appeals) and proceedings under section 4 of the Care of Cathedrals (Supplementary Provisions) Measure 1994 (including appeals), and the fees fixed by Table III of the 2004 Order for proceedings in respect of ecclesiastical offences under the Ecclesiastical Jurisdiction Measure 1963, including the provision for all cases where proceedings have been instituted under that Measure or where a person has been authorised to lay a complaint under the Measure, and appeals.

The Order contains a new Table IV establishing fees for proceedings under the Clergy Discipline Measure 2003.

The Order also increases the additional fees for appeals fixed by Table II of the 2004 Order and the fees for taxation of costs in Table IV of the 2004 Order (renumbered Table V in this Order) (other than the fees of £50 and 50p payable on taxation of costs, which are fixed at percentages of the £1,000 and £20 figures to which they relate).

The Order also increases the fees payable to the provincial registrars and the Vicars-General under Table V of the 2004 Order (renumbered Table VI in this Order) and provides for annual fees to the President and Deputy President of Tribunals. Table VII of this Order, which provides for certain fees for duties under the Patronage (Benefices) Measure 1986 to be calculated in accordance with the Solicitors' (Non-Contentious Business) Remuneration Order 1994, and Table VIII of this Order, which provides for certain fees for elections to the General Synod, or the basis on which they are to be calculated, to be agreed between the diocesan registrar and the diocesan board of finance, remain as in Table VI and Table VII respectively of the 2004 Order.

The revised fees will come into force on 1st January 2006.