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Paragraph 4 Work not falling within the scope of the annual fee

Original text. Later amendments are not shown.

(1)

For the avoidance of doubt work in connection with the following matters does not fall within the scope of the annual fee but a fee calculated in accordance with the Solicitors’ (Non-Contentious Business) Remuneration Order 2009 is payable—

(a)

conveyancing and drafting of documents other than those referred to in paragraph 1(l) and (m);

(b)

matters relating to individual diocesan, parochial or educational trusts or to individual pieces of diocesan glebe property;

(c)

litigation;

(d)

acting as secretary to the vacancy in see committee constituted under the Vacancy in See Committees Regulation 2024f1 on a vacancy in the see of the diocesan bishopric;

(e)

deposition or deprivation consequent upon proceedings in secular courts, including the following—

(i)

service of notice on a priest or deacon of intention to depose him or her from holy orders under rule 49 (1) of the Ecclesiastical Jurisdiction (Discipline) Rules 1964f2;

(ii)

carrying out of a duty or exercising of a discretion following proceedings referred to in section 55 of the Ecclesiastical Jurisdiction Measure 1963;

(f)

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 86 of the Measure);

(g)

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 2003f3 or in respect of any disciplinary matters arising under or in relation to that Measure including under sections 30 and 31 of that Measure;

(h)

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;

(i)

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 1993f4 in a case where notice has been given to the bishop under section 1A (1A) of the Incumbents (Vacation of Benefices) Measure 1977f5 or the giving of such notice is under consideration;

(j)

pronouncing of censure under section 31 of the Ecclesiastical Jurisdiction Measure 1963 with the consent of the accused;

(k)

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—

(i)

consecration or licensing of a public cemetery, a private burial ground or a private chapel;

(ii)

licensing the chapel of an extra-parochial place for a marriage of persons living or residing in that place;

(iii)

notification under section 2 of the Benefices (Transfer of Rights of Patronage) Measure 1930 (in relation to a guild church in the City of London);

(l)

removal of the legal effects of consecration under section 92 of the Measure;

(m)

work carried out in relation to the register of patrons under Part 1 of the 1986 Measure where a fee calculated in accordance with the Solicitors’ (Non-Contentious Business) Remuneration Order 2009 is payable under the Ecclesiastical Judges, Legal Officers and Others (Fees) Order for the time being in force made under section 86 of the Measure;

(n)

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—

(i)

installation to a deanery;

(ii)

installation to a canonry or prebend (whether residentiary or honorary) or to an archdeaconry;

(iii)

admission to a minor canonry;

(o)

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 Measure 2011f6;

(p)

advice or other work in connection with an inquiry into the capability of a clerk in holy orders instituted under regulation 31, or a grievance brought by a clerk in holy orders under regulation 32, of the Ecclesiastical Offices (Terms of Service) Regulations 2009f7;

(q)

advice or other work in connection with the exercise of its powers by a regulatory body;

(r)

advice or other work in connection with an allegation falling within the scope of guidance given by the House of Bishops on the safeguarding of children and vulnerable adults, or in connection with a risk assessment conducted under such guidance.

(2)

In the case of the matters referred to in sub-paragraph (1)(e) to (j), the fee is payable by the bishop.

(3)

In the case of the matters referred to in sub-paragraph (1)(k)(iii), the fee is to be paid in such proportions as may be agreed between the transferor and the transferee and, in the absence of such agreement, the fee is to be paid by the transferee.

(4)

In the case of matters referred to in sub-paragraph (1)(n), the fees are payable out of cathedral revenues.

Annotations

Footnotes

f1

A regulation passed by the General Synod, amended by the Vacancy in See Committees (Amendment) Regulations 2025 and 2026.

f2

S.I. 1964/1755.

f3

2003 No. 3.

f4

1977 No. 1 and 1993 No. 1.

f5

Section 1 was renumbered as section 1A by paragraph 1 of Schedule 3 to the Incumbents (Vacation of Benefices) (Amendment) Measure 1993 (No. 1). Subsection (1A) was inserted by paragraph 1(a) of that Schedule.

f6

2011 No. 1.

f7

S.I. 2009/2108.