The Ecclesiastical Judges, Legal Officers and Others (Fees) Order 2025
The Ecclesiastical Judges, Legal Officers and Others (Fees) Order 2025, effective January 1, 2026, establishes a revised fee schedule for various services and proceedings within the Church of England's legal system.
The order specifies fees payable to ecclesiastical judges, registrars, and other officials in consistory courts, provincial courts, and other tribunals for matters such as faculty petitions, appeals, and disciplinary proceedings.
It also details provisions for fee exemptions, reductions, and the handling of Value Added Tax.
The order revokes the 2024 version and provides detailed tables outlining specific fees for different legal actions.
Arguments For
Intended Benefits: The order provides a clear and updated fee structure for various services within the Church of England's legal system, potentially improving administrative efficiency and cost transparency.
Evidence Cited: The order is based on the powers conferred by the Ecclesiastical Jurisdiction and Care of Churches Measure 2018 and references several other relevant Measures and Orders.
Implementation Methods: The fees are specified in tables within the order, providing a straightforward implementation mechanism. The order also gives discretionary power to certain officials in specific circumstances.
Legal/Historical Basis: The order is made under the authority of the Ecclesiastical Jurisdiction and Care of Churches Measure 2018, aligning with established legal frameworks governing the Church of England's internal legal processes.
Arguments Against
Potential Impacts: Some might argue that the new fees are excessive, potentially placing a burden on individuals or parishes involved in ecclesiastical proceedings.
Implementation Challenges: Ensuring consistent application of the discretionary powers granted to various officials could be challenging and may lead to inconsistencies in fee application.
Alternative Approaches: Alternative fee setting mechanisms, such as a sliding scale based on income or complexity of the case, could be considered for greater equity.
Unintended Effects: The increased fees could discourage individuals from pursuing legitimate legal actions within the Church of England's judicial system.
- Citation, commencement and interpretation (1) This Order may be cited as the Ecclesiastical Judges, Legal Officers and Others (Fees) Order 2025. (2) This Order comes into force on 1st January 2026. (3) In the application of this Order to the diocese of Canterbury— (a) a reference to the consistory court is to be read as a reference to the commissary court of that diocese, and (b) a reference to the chancellor is, accordingly, to be read as a reference to the Commissary General. (4) In this Order, “the 2018 Measure” means the Ecclesiastical Jurisdiction and Care of Churches Measure 2018.
This section establishes the order's title and effective date (January 1, 2026).
It also clarifies that within the Canterbury diocese, references to the consistory court mean the commissary court and references to the chancellor mean the Commissary General.
Finally, it defines "the 2018 Measure" as the Ecclesiastical Jurisdiction and Care of Churches Measure 2018.
- Direction as to fee Where in this Order there is a reference in any article to a specified amount of any fee payable to the chancellor or registrar, the chancellor or the registrar (as the case may be) may determine that a fee should be paid up to the amount specified in any case.
This section clarifies that where a specific fee is listed, the chancellor or registrar has discretion to charge up to that specified amount.
- Faculty fees payable to diocesan boards of finance (1) This article applies in relation to a petition for a faculty in respect of a building or part of a building, a curtilage of a building or an object or structure fixed to a building or part of a building or within its curtilage, which is subject to the faculty jurisdiction by virtue of section 43(1) of the 2018 Measure. (2) On the submission of the petition, a fee of £224 is payable to the diocesan board of finance in respect of work done in relation to the petition (before or after it is submitted) by the diocesan advisory committee or an archdeacon in the diocese. (3) But the diocesan board of finance may waive the whole or part of that fee, having regard to any financial contribution made to the funds of the diocese by— (a) those responsible for the building concerned, or (b) any other person who has a substantial interest in or connection with the building. (4) No fee is payable under this article in the case of— (a) a building of the kind specified in section 38(2)(e) of the 2018 Measure (building subject to a sharing agreement), or (b) a chapel forming part of Lambeth Palace. (5) In this article, “diocesan board of finance”, in relation to a diocese, means the board of that name constituted under the Diocesan Boards of Finance Measure 1925.
This article outlines fees for faculty petitions related to church buildings.
A £224 fee is payable to the diocesan board of finance, but this can be waived partially or fully based on financial contributions from those involved with the building.
The fee is not applicable to buildings under sharing agreements or chapels at Lambeth Palace.
The article defines "diocesan board of finance".
- The register of patrons under Part 1 of the Patronage (Benefices) Measure 1986 (1) This article applies in relation to work done by a diocesan registrar in connection with— (a) a search in the register of patrons maintained under Part 1 of the Patronage (Benefices) Measure 1986, (b) the making of an extract from that register, or (c) the supply of a certified copy of an entry in that register. (2) The fee payable for the work is a fee of the amount calculated in accordance with the Solicitors’ (Non-Contentious Business) Remuneration Order 2009, except in so far as the work is within the scope of any annual fee for the time being payable to the diocesan registrar by virtue of section 86(1) and (3) of the 2018 Measure. (3) The fee is payable by the person making the search or extract or requesting the copy.
This section covers fees for work done by a diocesan registrar regarding the register of patrons.
Fees are based on the Solicitors’ (Non-Contentious Business) Remuneration Order 2009 unless already covered by an annual fee.
The person requesting the service pays the fee.
- Proceedings before the consistory court (1) This article applies in relation to proceedings in a consistory court. (2) In the case of each matter specified in the first column of Table 1, the fee specified in the second or third column is payable to the chancellor or the registrar (as the case may be). Table 1 [Table 1: A detailed table listing various matters and corresponding fees for the Chancellor and Registrar is omitted for brevity.] (3) In the case of a matter which comes within item 10, 12, 13 or 18, the chancellor or the registrar (as the case may be) must certify the number of hours spent. (4) In the case of a matter which comes within item 18, a fee is payable only in exceptional circumstances and if the chancellor so directs. (5) In the case of a matter for which no fee is specified in Table 1, a fee is payable to the registrar of the amount for the time being prescribed under section 92 of the Courts Act 2003 in the case of the equivalent matter in the High Court. (6) Where the Vicar-General’s court of the Province of Canterbury exercises the faculty jurisdiction of the consistory court by virtue of section 43(3) of the 2018 Measure— (a) a reference in this article to the chancellor is to be read as a reference to the Vicar-General, and (b) a reference in this article to the registrar is to be read as a reference to the registrar of the province of Canterbury acting as registrar of the Vicar-General’s court.
This article specifies fees for various proceedings in the consistory court, detailed in Table 1 (omitted for brevity).
Certification of hours is required for specific items.
Fees for unspecified matters are equivalent to those in the High Court.
In Canterbury's Vicar-General's court, references to 'chancellor' and 'registrar' adjust accordingly.
- Appeals from consistory court and intervention by provincial court (1) This article applies in relation to proceedings on an appeal from a consistory court and where a provincial court gives any directions for the further conduct of proceedings which are pending in a consistory court. (2) In the case of each matter specified in the first column of Table 2, the fee specified in the second or third column is payable to the judge or the registrar (as the case may be). Table 2 [Table 2: A detailed table listing various matters and corresponding fees for the Judge and Registrar is omitted for brevity.] (3) In the case of the Arches Court of Canterbury or the Chancery Court of York— (a) a fee under item 6 is payable to each member of the Court who joins in the giving of the directions or the making of the order concerned; (b) a fee under item 7 is payable to each member of the Court involved in the hearing; (c) a fee under item 8 is payable to each member of the Court who prepares a separate written judgment or is principally responsible for drafting the form of order. (4) In the case of the Court of Ecclesiastical Causes Reserved, no fee is payable under items 6 to 8 to members of the Court. (5) In the case of a matter which comes within item 8 or 10, the judge or the registrar (as the case may be) must certify the number of hours spent. (6) In this article, “judge” means the person presiding over the court concerned.
This article details fees for appeals from consistory court and provincial court interventions.
Table 2 (omitted for brevity) lists these fees payable to the judge or registrar, with specific rules for the Arches Court of Canterbury and Chancery Court of York.
No fees are payable in the Court of Ecclesiastical Causes Reserved for items 6-8.
Certification of hours spent is also required for items 8 and 10, and the article defines "judge".
- Proceedings on review by Commission of Review (1) This article applies in relation to proceedings on a review under section 11 or 14 of the Care of Cathedrals Measure 2011 ("the 2011 Measure") by a Commission of Review constituted under section 11 of that Measure. (2) In the case of each matter specified in the first column of Table 3, the fee specified in the second or third column is payable to the judge or the registrar (as the case may be). Table 3 [Table 3: A detailed table listing various matters and corresponding fees for the Judge and Registrar is omitted for brevity.] (3) In the case of a matter which comes within items 4 to 6, the judge or the registrar (as the case may be) must certify the number of hours spent. (4) In this article, “judge” means the person who is a member of the Commission of Review by virtue of section 11(3)(a) of the 2011 Measure.
This section outlines fees for review proceedings by a Commission of Review under the Care of Cathedrals Measure 2011.
Table 3 (omitted for brevity) lists the fees.
Hours spent on items 4-6 require certification.
The article defines "judge" in this context.
- Proceedings in Vicar-General’s court (1) This article applies in relation to proceedings before the Vicar-General’s court of either province under the Care of Cathedrals Measure 2011 (“the 2011 Measure”). (2) In the case of each matter specified in the first column of Table 4, the fee specified in the second or third column is payable to the Vicar-General or the registrar (as the case may be). Table 4 [Table 4: A detailed table listing various matters and corresponding fees for the Vicar-General and Registrar is omitted for brevity.] (3) A fee under this article is payable by the Archbishops’ Council under section 20B of the 2011 Measure. (4) In the case of a matter which comes within item 4, 5 or 7, the Vicar-General or the registrar (as the case may be) must certify the number of hours spent.
This article covers fees for proceedings in the Vicar-General's court under the Care of Cathedrals Measure 2011.
Fees, as detailed in Table 4 (omitted for brevity), are payable to the Vicar-General or registrar.
The Archbishops’ Council pays these fees.
Certification of hours is needed for certain items.
- Proceedings on certain ecclesiastical offences (1) This article applies in relation to proceedings before the Court of Ecclesiastical Causes Reserved under section 10(1)(a) of the Ecclesiastical Jurisdiction Measure 1963 (offences against the laws ecclesiastical involving matter of doctrine, ritual or ceremonial). (2) In the case of each matter specified in the first column of Table 5, the fee specified in the second column is payable to the registrar. Table 5 [Table 5: A detailed table listing various matters and corresponding fees for the Registrar is omitted for brevity.] (3) A fee under this article is payable by the Archbishops’ Council under section 62 of the Ecclesiastical Jurisdiction Measure 1963. (4) In the case of a matter which comes within item 3, 4 or 5, the registrar must certify the number of hours spent.
This article sets fees for proceedings before the Court of Ecclesiastical Causes Reserved concerning ecclesiastical offenses.
Table 5 (omitted for brevity) lists these fees, paid by the Archbishops' Council.
The registrar must certify the hours spent for items 3, 4, and 5.
- Proceedings on review of finding of Court of Ecclesiastical Causes Reserved (1) This article applies in relation to proceedings on a review by a Commission of Review under section 11 of the Ecclesiastical Jurisdiction Measure 1963 (“the 1963 Measure”) or section 19 of the 2018 Measure (review of a finding of the Court of Ecclesiastical Causes Reserved) where the provincial registrar is appointed as registrar of the Commission of Review. (2) In the case of each matter specified in the first column of Table 6, the fee specified in the second column is payable to the registrar. Table 6 [Table 6: A detailed table listing various matters and corresponding fees for the Registrar is omitted for brevity.] (3) A fee under this article is payable— (a) in proceedings on a case of the kind referred to in section 11(2)(a) of the 1963 Measure, by the Archbishops’ Council under section 62 of that Measure; (b) in proceedings under section 19 of the 2018 Measure, by the person whom the Commission of Review orders to pay the fee. (4) In the case of a matter which comes within item 3 or 4, the registrar must certify the number of hours spent.
This section describes fees for review proceedings overseen by a Commission of Review.
Table 6 (omitted for brevity) lists these fees, paid either by the Archbishops’ Council or the individual ordered by the Commission.
The registrar certifies the hours for items 3 and 4.
- Disciplinary proceedings under the Clergy Discipline Measure 2003 (1) This article applies in relation to proceedings instituted under section 10 of the Clergy Discipline Measure 2003. (2) In the case of each matter specified in the first column of Table 7, the fee specified in the second or third column is payable to the judge or the registrar (as the case may be). Table 7 [Table 7: A detailed table listing various matters and corresponding fees for the Judge and Registrar is omitted for brevity.] (3) A fee under this article is, by virtue of section 35 of the Clergy Discipline Measure 2003, payable by the Archbishops’ Council under section 62 of the Ecclesiastical Jurisdiction Measure 1963. (4) In the case of a matter which comes within item 3, 4 or 6, the judge or the registrar (as the case may be) must certify the number of hours spent. (5) In this article, “judge” means the person presiding over the tribunal or court concerned.
This article outlines fees for disciplinary proceedings under the Clergy Discipline Measure 2003.
Table 7 (omitted for brevity) lists the fees.
The Archbishops’ Council pays fees under this article.
The judge or registrar certifies the hours for items 3, 4, and 6, and the article defines 'judge'.
- Appeals under the Clergy Discipline Measure 2003 (1) This article applies in relation to proceedings under section 20 of the Clergy Discipline Measure 2003 (right of appeal). (2) In the case of each matter specified in the first column of Table 8, the fee specified in the second or third column is payable to the Dean of the Arches and Auditor or the registrar (as the case may be). Table 8 [Table 8: A detailed table listing various matters and corresponding fees for the Dean of the Arches and Auditor and Registrar is omitted for brevity.] (3) A fee under this article is payable by the Archbishops’ Council under section 62 of the Ecclesiastical Jurisdiction Measure 1963. (4) In the case of a matter which comes within item 4 or 6, the Dean of the Arches and Auditor or the registrar (as the case may be) must certify the number of hours spent.
This article specifies fees for appeals under the Clergy Discipline Measure 2003.
Table 8 (omitted for brevity) details these fees, paid by the Archbishops’ Council.
The Dean of the Arches and Auditor, or the registrar, must certify hours spent on items 4 and 6.
- Fees payable to person appointed under section 4(4) of the Clergy Discipline Measure 2003 (1) This article applies in the case of an appointment of a person by the President of Tribunals under section 4(4) of the Clergy Discipline Measure 2003 ("the 2003 Measure") (appointment of person as chair of disciplinary tribunals to act when President unable or unwilling to act). (2) In the case of each of the following matters, the fee of £218 is payable to the person appointed— (a) deciding whether to give permission under section 9 of the 2003 Measure (institution of proceedings out of time); (b) determining an application under section 31(3A) of the 2003 Measure (criminal or matrimonial matters: extension of two-year period for imposition of penalty); (c) determining a request under section 38(2) or (3) of the 2003 Measure (review of inclusion in Archbishops’ list); (d) determining an application under rule 56 of the Clergy Discipline Rules 2005 (substitution of party); (e) determining an application under rule 101B of those Rules (word or page limits); (f) deciding whether to extend a time limit under Rule 102 of those Rules (time limits); (g) determining a request under paragraph 2(5) of Canon C 30 (request to review direction that priest or deacon undergo safeguarding risk assessment); (h) doing anything else in place of the President of Tribunals for the purposes of the appointment which does not come within the preceding provisions of this paragraph or within paragraph (3). (3) In the case of each of the following matters, the fee of £420 is payable to the person appointed— (a) conducting a review under section 11(4) of the 2003 Measure (review of dismissal); (b) considering a referral under section 13 of the 2003 Measure (decision to take no further action); (c) making a decision under section 17 of the 2003 Measure (whether respondent has case to answer); (d) determining an appeal against suspension under section 36, 36A, 37 or 37A of the 2003 Measure; (e) making a determination under Rule 14A of the Clergy Discipline Rules 2005 (sexual misconduct towards vulnerable adult). (4) A fee under this article is, by virtue of section 35 of the 2003 Measure, payable by the Archbishops’ Council under section 62 of the Ecclesiastical Jurisdiction Measure 1963.
This article details fees payable to a person appointed under section 4(4) of the Clergy Discipline Measure 2003 to substitute for the President of Tribunals.
A £218 fee applies to several specified actions, while a £420 fee applies to other specified actions.
The Archbishops' Council pays these fees.
- Summary election appeals (1) This article applies in the case of a summary election appeal brought under— (a) rules made under paragraphs 1(a) and (b), 6 and 9 of Canon H 2 of the Church of England (clergy), (b) rules made under paragraphs 1(c) and 2(b) of Canon H 3 of the Church of England (suffragan bishops), (c) rules made under rule 59 of the Church Representation Rules (laity). (2) For each hour spent by the judge determining the appeal, a fee equivalent to that payable per hour under item 4 of Table 8 in article 12 (Clergy Discipline Measure 2003: preparing judgement on appeal) is payable to the judge. (3) A fee under this article is payable in accordance with the provision as to expenses contained in the applicable rules referred to in paragraph (1)(a), (b) or (c). (4) The judge determining the appeal must certify the number of hours spent determining it.
This article covers fees for summary election appeals.
The judge receives an hourly fee equivalent to that in Article 12, Table 8, item 4 (omitted for brevity).
Payment follows the rules cited in paragraph (1), and the judge certifies hours spent.
- Miscellaneous annual fees etc. (1) In the case of each matter specified in the first column of Table 9, the fee specified in the second column is payable to the person concerned. Table 9 [Table 9: This table lists miscellaneous fees is omitted for brevity.] (2) In the case of a matter which comes within items 1 to 4, a fee under this article is payable by the Archbishop; but see section 86(6) of the 2018 Measure (which requires the Church Commissioners to reimburse the Archbishop). (3) In the case of a matter which comes within item 5 or 6, a fee under this article is, by virtue of section 35 of the Clergy Discipline Measure 2003, payable by the Archbishops’ Council under section 62 of the Ecclesiastical Jurisdiction Measure 1963.
This article outlines miscellaneous annual fees, as shown in Table 9 (omitted for brevity).
Fees for items 1-4 are paid by the Archbishop (subject to reimbursement), while those for items 5 and 6 are paid by the Archbishops’ Council.
- Exemption, reduction or remission (1) A person who would be entitled to an exemption from or reduction in, or a remission or part remission of, a fee prescribed by the Order for the time being in force under section 92 of the Courts Act 2003 ("the Civil Proceedings Fees Order") is entitled to an equivalent exemption from or reduction in, or remission or part remission of, a fee provided for by this Order; and the Civil Proceedings Fees Order applies accordingly for the purposes of this Order. (2) Where the Civil Proceedings Fees Order includes provision requiring an application to be made for an exemption from, reduction in or remission of a fee, that provision is to be read for the purposes of this Order as requiring the application to be made to the registrar. (3) Where the Civil Proceedings Fees Order includes provision enabling a specified person to exercise a discretion in relation to an exemption from, reduction in or remission of a fee, that provision is to be read for the purposes of this Order as enabling the registrar to exercise the discretion. (4) The determination of an application made to the registrar under paragraph (2), or any work done under paragraph (3), is to be treated for the purposes of this Order as work which is ancillary to the proceedings in which the application is made or work is done; and the fee provided for by this Order for ancillary work in proceedings of that kind is payable to the registrar. (5) Where a person is entitled to an exemption from or reduction in, or remission or part remission of, a fee provided for by this Order, the diocesan board of finance for the diocese concerned must pay the amount which would be payable were it not for the exemption, reduction or remission. (6) The reasonable costs of the registrar in the determination of an application under paragraph (2) are payable by the diocesan board of finance. (7) In this article, “diocesan board of finance”, in relation to a diocese, means the board of that name constituted under the Diocesan Boards of Finance Measure 1925.
This article explains exemptions, reductions, and remissions of fees, mirroring rules within the Civil Proceedings Fees Order.
Applications are made to the registrar, who also exercises any relevant discretion.
The diocesan board of finance covers any exempted amounts, including the registrar's costs for processing exemption applications.
The article defines 'diocesan board of finance'.
- Travel, subsistence, accommodation and court hearings A fee provided for by this Order (other than the fee provided for under article 3) is to be increased by a sum for reasonable expenses of travel, subsistence, accommodation and the holding of court hearings.
This section states that fees (excluding Article 3) will be increased to cover reasonable travel, subsistence, accommodation, and court hearing expenses.
- Value Added Tax Where Value Added Tax is chargeable in respect of the provision of a service for which a fee is provided for by this Order, the amount of the Value Added Tax chargeable is payable in addition to that fee.
This section indicates that Value Added Tax, where applicable, is payable in addition to the fees set out in the order.
- Revocation The Ecclesiastical Judges, Legal Officers and Others (Fees) Order 2024 is revoked.
This section revokes the previous Ecclesiastical Judges, Legal Officers and Others (Fees) Order from 2024.