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STATUTORY INSTRUMENTS
1999 No. 2113
ECCLESIASTICAL LAW, ENGLAND
The Parochial Fees Order 1999
Laid before the General Synod in draft
9th July 1999
Made (Sealed by the Archbishops' Council)
20th July 1999
Laid before Parliament
27th July 1999
Coming into force
1st January 2000
The Archbishops' Council of the Church of England, in exercise of powers conferred by section 1 of the Ecclesiastical Fees Measure 1986[1], which powers were transferred to the Council by The National Institutions of the Church of England (Transfer of Functions) Order 1998[2], hereby make the following Order, a draft of which has been approved by the General Synod in accordance with section 2(1) of the said Measure:-
1.
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.
2.
Part II of the said Schedule shall apply in relation to the said parochial fees.
3.
In the Schedule to this Order, unless the context otherwise requires-
"burial" includes deposit in a vault and the interment or deposit of cremated remains;
"Chancellor" means the judge of the consistory or commissary court of the bishop or archbishop of the diocese;
"incumbent" means the incumbent of any benefice as defined by the Interpretation Measure 1925[3];
"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, flatstone, tombstone or monument or tomb of any other kind.
4.
The Parochial Fees Order 1998[4] is hereby revoked.
5.
This Order may be cited as the Parochial Fees Order 1999 and shall come into operation on the 1st January 2000.
The draft of this Order was approved by the General Synod of the Church of England on the 10th day of July 1999
Clerk to the Synod
THE COMMON SEAL of the Archbishops' Council was hereunto affixed this 20th day of July 1999
1.
Burial 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.
2.
Burial 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.
3.
Funeral 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.
4.
Burial 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:
(i) 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;
(ii) 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.
5.
Monuments 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, small vase or a tablet not exceeding 533mm × 533mm shall not exceed the current fee payable to the incumbent for the erection of such a monument.
6.
Monuments 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.
7.
The incumbent's fees
Unless the incumbent has signed a Deed of Assignment in favour of the Diocesan Board of Finance he/she may direct either generally or in particular cases that all or part of any fee which would otherwise be payable to him/her shall be payable to the minister performing the service or duty.
8.
Reservation 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.
9.
Searches 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.
10.
Services in crematoria and unconsecrated cemeteries
The Church of England (Miscellaneous Provisions) Measure 1992[7] 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.
Article 1 and Part I of the Schedule establish a new table of 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 fees prescribed by the Parochial Fees Order 1998 (S.I. 1998/1714).