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The Parochial Fees Order 2005

S.I. 2005/2016 · Made 15 July 2005

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

ECCLESIASTICAL LAW, ENGLAND

FEES

Made (Sealed by the Archbishops' Council) 15th July 2005

Laid before the General Synod in draft 8th July 2005

Laid before Parliament 26th July 2005

Coming into force 1st January 2006

The Archbishops' Council, in exercise of the powers conferred by sections 1 and 2 of Ecclesiastical Fees Measure 1986f1, which powers were transferred to it by the National Institutions of the Church of England (Transfer of Functions) Order 1998f2, hereby makes the following Order, a draft of which has been approved by the General Synod in accordance with section 2(1) of the said Measure:

Annotations to the whole text

Footnotes

f1

1986 No. 2

f2

S. I. 1998/1715

Contents

  1. 1Establishment of fees
  2. 2Application of Part II of the Schedule
  3. 3Definitions
  4. 4Revocation of 2004 Order
  5. 5Citation and commencement
  6. Signature
  7. Schedule: FEES ESTABLISHED BY THIS ORDER
  8. ITABLE OF PAROCHIAL FEES
  9. Part II: APPLICATION OF PAROCHIAL FEES
  10. 1Burial on a separate occasion
  11. 2Burial of infant
  12. 3Funeral service
  13. 4Burial of cremated remains in churches or closed churchyards
  14. 5Monuments in churchyards
  15. 6Monuments in churches
  16. 7The incumbent’s fees
  17. 8Reservation of grave space: vaults
  18. 9Searches in Church Registers, etc.
  19. 10Services in crematoria and unconsecrated cemeteries
  20. Explanatory note

1Establishment of fees

The Table of Parochial Fees set forth in Part I of the Schedule to this Order is hereby established and contains particulars of the parochial fees which, subject to the provisions of section 3 of the said Measure, are to be payable to the persons therein named in relation to the respective matters therein specified.

2Application of Part II of the Schedule

Part II of the said Schedule shall apply in relation to the said parochial fees.

3Definitions

In the Schedule to this Order, unless the context otherwise requires—

  • “burial” includes deposit in a vault or brick grave and the interment or deposit of cremated remains;

  • “Chancellor” means the judge of the consistory court or commissary court of the bishop or archbishop of the diocese;

  • “incumbent” means the incumbent of any benefice as defined by the Interpretation Measure 1925f1;

  • “churchyard” includes the curtilage of a church and a burial ground of a church whether or not immediately adjoining such church;

  • “cemetery” means a burial ground maintained by a burial authority;

  • “monument” includes a headstone, cross, kerb, border, vase, chain, railing, tablet, plaque, marker, flatstone, tombstone or monument or tomb of any other kind.

4Revocation of 2004 Order

The Parochial Fees Order 2004f1 is hereby revoked.

5Citation and commencement

This Order may be cited as the Parochial Fees Order 2005 and shall come into operation on the first day of January 2006.

Signature

The draft of this Order was approved by the General Synod on 8th July 2005

David Williams

Clerk of the Synod

Church House, Lond

THE COMMON SEAL of the Archbishops' Council was hereunto affixed on 15th July 2005

William Fittall

Secretary General

Church House, London

ITABLE OF PAROCHIAL FEES

Col 1Col 2Col 3
Fee payable to incumbentFee payable to Parochial Church CouncilTotal Fees Payable
£.p£.p£.p
BAPTISMS
Certificate issued at time of baptism12.00—12.00
Short certificate of baptism given under Section 2 Baptismal Registers Measure 1961f19.00—9.00
MARRIAGES
Publication of banns of marriage12.006.0018.00
Certificate of banns issued at time of publication12.00—12.00
Marriage service105.00113.00218.00
FUNERALS AND BURIALS
A. Service in church
Funeral service in church48.0039.0087.00
Burial in churchyard following on from service in church—160.00160.00
Burial in cemetery or cremation following on from service in church——Nil
Burial of body in churchyard on separate occasion33.00160.00193.00
Burial of cremated remains in churchyard on separate occasion33.0048.0081.00
Burial in cemetery on separate occasion33.00—33.00
B. No Service in Church
Service in crematorium or cemetery87.00—87.00
Burial of body in churchyard33.00160.00193.00
Burial of cremated remains in churchyard33.0048.0081.00
C. Certificate issued at time of burial12.00—12.00
MONUMENTS IN CHURCHYARDS
Permitted in accordance with rules, regulations or directions made by the Chancellor including those relating to a particular churchyard or part of a churchyard (but excluding a monument authorised by a particular faculty)—
Small cross of wood (*)6.0011.0017.00
Small vase not exceeding 305mm x 203 mm x 203mm (approx. 12” x 8” x 8”) (*)33.0039.0072.00
Tablet plaque or other marker commemorating a person whose remains have been cremated (*)33.0039.0072.00
Any other monument (*)48.0090.00138.00
Additional inscription on existing monument33.00—33.00
SEARCHES IN CHURCH REGISTERS ETC.
Searching registers of marriages for period before 1st July 1837
(for up to one hour)12.006.0018.00
(for each subsequent hour or part of an hour)9.006.0015.00
Searching registers of baptisms or burials (including provision of one copy of any entry therein)
(for up to one hour)12.006.0018.00
(for each subsequent hour or part of an hour)9.006.0015.00
Each additional copy of an entry in a register of baptisms or burials12.006.0018.00
Inspection of instrument of apportionment or agreement for exchange of land for tithes deposited under Tithe Act 1836f29.00—9.00
Furnishing copies of above (for every 72 words)9.00—9.00

1Burial on a separate occasion

In relation to the fee for a burial in a churchyard, “on a separate occasion” means on any occasion other than following on from a service in church, for example, the interment of cremated remains.

2Burial of infant

No fee is payable in respect of the burial of a still-born infant, or for the funeral or burial of an infant dying within the period of one year after birth.

3Funeral service

If a full funeral service is held at the graveside, the incumbent’s fee is increased to that payable where the service is held in church.

4Burial of cremated remains in churches or closed churchyards

Where cremated remains are buried in or under a church or in a closed churchyard, the fees payable to the incumbent and the Parochial Church Council are—

(1)

where burial is authorised by a general faculty, the same as those laid down in Part I of this Schedule for burial in a churchyard;

(2)

where burial is authorised by a particular faculty, such sums as may be determined by the Chancellor, who shall specify the person or persons entitled to receive them.

5Monuments in churchyards

The fees marked (*) include fees for the original inscription.

  • Where a monument in a churchyard is erected or an additional inscription on a monument is made under the authority of a particular faculty, the fees payable to the incumbent and the Parochial Church Council or either of them shall be such sums as may be determined by the Chancellor who shall specify the person or persons entitled to receive them.

  • The incumbent’s fee for an additional inscription on a small cross of wood shall not exceed the current fee payable to the incumbent for the erection of such a monument.

6Monuments in churches

Where a faculty is granted for the erection of a monument in a church or any additional inscription thereon, the fees payable to the incumbent and the Parochial Church Council or either of them shall be determined by the Chancellor who shall specify the person or persons entitled to receive them.

7The incumbent’s fees

An incumbent who has not executed an assignment of parochial fees to the Diocesan Board of Finance may direct, either generally or in a particular case, that all or part of any fee which is payable to the incumbent under Part I of this Schedule shall be payable to the minister performing the service or duty.

8Reservation of grave space: vaults

Payment of any of the fees prescribed by the Table in Part I of this Schedule does not confer any right to construct a new vault or an exclusive right to a grave or vault. Where a faculty is granted conferring rights for a period specified in the faculty, the fees payable to the incumbent and the Parochial Church Council or either of them shall be determined by the Chancellor who shall specify the person or persons entitled to receive them.

9Searches in Church Registers, etc.

The search fee relates to a “particular search” where the approximate date of the baptism, marriage or burial is known. The fee for a more general search of a church register is negotiable with the incumbent and the Parochial Church Council.

10Services in crematoria and unconsecrated cemeteries

The Church of England (Miscellaneous Provisions) Measure 1992f1 contains a provision which has the effect of requiring a minister of a parish, if requested, to perform a funeral service for defined parishioners in any appropriate crematorium or unconsecrated cemetery. The fees prescribed by the Table in Part I of this Schedule for such services (which are identical to the fees for services held in consecrated cemeteries) are mandatory except where a local authority or other crematorium authority has fixed charges for these services in which case the authority’s charges will apply.

Explanatory note

(This note is not part of the Order)

Paragraph 1 and Part I of the Schedule establish a new table for fees payable for certain matters in connection with baptisms, marriages and burials, for the erection of monuments in churchyards and for other miscellaneous matters. The fees are in substitution for the fees prescribed by the Parochial Fees Order 2004 (S.I. 2004/1890).

The definition of “burial” for the purposes of the Schedule, which appears in paragraph 3 of the Order, has also been slightly amended to include an express reference to deposit in the type of structure known as a “brick grave” as well as to deposit in a vault.