Church of England Parochial Fees from 1 January 2013 Frequently Asked Questions

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1 Church of England Parochial Fees from 1 January 2013 Frequently Asked Questions List of questions for answers see pp2 to 9 1 Remind me - what are parochial fees? 2 What s changing? 3 Which services are included in the changes and which are not? 4 Why is the system changing anyway? 5 What are the new fees? 6 How were the figures calculated? 7 When do the new arrangements come into place? 8 So what does this mean for us in practice? 9 What elements count as extra now? 10 What PCC items will be specifically covered by parochial fees? 11 What is the process for handling fees? 12 Can the fees ever be waived? 13 What happens if a retired or self-supporting minister takes the service? 14 Who do we ask for help if we have questions? 15 Why are there fees set for 2014 as well as 2013? 16 What about a larger fee if the parish church is a large building? 17 What about Chaplains? 18 What about baptisms? 19 No fees for the funeral or burial of persons aged under 16 years? 20 What about fees for services at a Cathedral? 21 Marriage Certificate fees 22 PCC fees how to decide which PCC gets the fee 1

2 23 What about ongoing churchyard maintenance? 24 Burial of cremated remains 25 What about fees for services in chapels? Answers 1 Remind me - what are parochial fees? Parochial fees are fees set by the General Synod and Parliament for certain occasional offices conducted by the Church. The fees are listed on a Fees Table for each year, which should be readily available in your local parish. Parochial fees are legally payable. If there are no extras, the parochial fee for the relevant service is the fee that should be charged. Tables for 2011 (and 2012), 2013 and 2014 can be found on the Church of England website at 2 What s changing? For most people, the most noticeable change will be that the level of fees will change from 1 January This change is because the levels of fees will in future be built up from assumptions about the costs of ministry and the likely number of hours needed to provide a good ministry for the particular service. Fees that were formerly payable to the incumbent will become payable to the DBF (or in a few cases, the PCC). Since almost all clergy who were legally entitled to fees assigned them to the DBF, the change in most cases will be that fees that were payable to the DBF by assignment will become payable to the DBF under legislation. Under transitional arrangements, those few incumbents who still receive fees direct will receive the DBF part of the fee while they remain in the post they held on 1 July 2011, but only provided they notified the Bishop in writing, before 31 December 2011, that they wished to continue to receive fees from 1 January PCC fees will continue to be payable to the PCC. Some fees formerly payable to the incumbent will become payable to the PCC. Other changes have been made by legislation to clarify the scope and coverage of parochial fees. It remains for each diocese to issue its own guidance for policy matters relating to parochial fees that are not covered by legislation, for example in the management of handling income from parochial fees and providing for adequate delivery of the services for which parochial fees are payable. 3 Which services are included in the changes and which are not? There are changes to the fees for every service for which a parochial fee is payable. The changes arise because the levels of fees will now be built up from assumptions about the costs of ministry and the likely number of hours needed to provide a good ministry for the particular service. For details of levels of fees, tables for 2011 (and 2012), 2013 and 2014 are on the Church of England website at 2

3 Other changes have been made by legislation to clarify the scope and coverage of parochial fees. It remains for each diocese to issue its own guidance for policy matters relating to parochial fees that are not covered by legislation, for example in the management of handling income from parochial fees and providing for adequate delivery of the services for which parochial fees are payable. 4 Why is the system changing anyway? Since 1998 concerns have been raised about issues relating to parochial fees. Since 2005 two successive working groups have considered how to address these concerns. The changes now being implemented reflect the outcome of the deliberations of the Fees Policy Working Group. It applied four general principles to its proposals for parochial fees. These are; Fees should be justifiable on the basis of a relationship to actual costs incurred; There be uniformity across the Church of England in the fees specified; Fees be as inclusive as possible, leaving extras to apply only to those items over which people have a genuine choice; Fees be affordable, though also noting the clarified right to waive fees in clear cases of hardship. The Fees Policy Working Group s proposals are set out in full in GS The earlier Fees Review Group s recommendations, which the Fees Policy Working Group took forward, were published in the report Four Funerals and a Wedding GS Misc The General Synod approved the proposed way forward proposed by the Fees Review Group when it accepted a follow up report This formed the basis of the Fees Policy Working Group s deliberations. 5 What are the new fees? The 2013 and 2014 fees tables are on the Church of England website at 6 How were the figures calculated? DBF fees are built up from assumptions about the costs of ministry (from published statistics) and the likely number of hours needed to provide a good ministry for the particular service. PCC fees include a location/building element based on national statistics for the overall costs of repairs and maintenance of church buildings and the number of hours in use, and an element for administrative staffing based on a secretarial rate of pay. PCC fees for burials and monuments include an element to provide for long-term maintenance of the churchyard. 3

4 Heating and the cost of deploying vergers are not covered by the statutory fees, and so PCCs are able to charge for these items as extras, decided locally, if the person paying the fees wishes to have them. 7 When do the new arrangements come into place? 1 January 2013 for matters that depend on the coming into effect of the Parochial Fees and Scheduled Matters Amending Order It remains for each diocese to decide when to issue its own guidance for policy matters relating to parochial fees that are not covered by legislation, for example in the management of handling income from parochial fees and providing for adequate delivery of the services for which parochial fees are payable. 8 So what does this mean for us in practice? New levels of fees will come into effect from 1 January For the first time the Order specifies that parochial fees include any costs and expenses incurred in relation to a service for routine administration (including arranging dates and times and the making of entries in registers), making the church available and lighting it. It will be unlawful to make any additional charge, besides the parochial fee, for these items. Parochial fees will in future be prescribed for the list services and other duties specified in Schedule 1A to the Ecclesiastical Fees Measure, and there will be a comparatively simple legislative mechanism for amending the list. These are BAPTISMS Certificate issued at time of baptism Short certificate of baptism given under Section 2 of the Baptismal Registers Measure 1961 MARRIAGES Publication of banns of marriage Certificate of banns issued at time of publication Marriage service in church FUNERALS AND BURIALS OF PERSONS AGED 16 YEARS OR MORE A Service in church Funeral service in church, whether taking place before or after burial or cremation Burial in churchyard immediately preceding or following on from service in church Burial in cemetery immediately preceding or following on from service in church Cremation immediately preceding or following on from service in church Burial of body in churchyard on separate occasion 4

5 Burial of cremated remains in churchyard or other lawful disposal of remains on separate occasion Burial in cemetery on separate occasion B No service in church Service at graveside Service in crematorium or cemetery Burial of body in churchyard Burial of cremated remains in churchyard or other lawful disposal of remains C Certificate issued at time of burial 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 authorized by a particular faculty) including inscription on existing monument SEARCHES IN CHURCH REGISTERS ETC Searching registers of marriages for period before 1st July 1837 (for up to 1 hour) (for each subsequent hour or part of an hour) Searching registers of baptisms or burials (including provision of one copy of any entry) (for up to 1 hour) (for each subsequent hour or part of an hour) Each additional copy of an entry in a register of baptisms or burials Inspection of instrument of apportionment or agreement for exchange of land for tithes deposited under the Tithe Act 1836 Furnishing copies of above (for every 72 words) The incumbent or priest-in-charge of the benefice concerned will have a right of waiver - after consultation with the churchwardens for PCC fees. However, an incumbent/priest in charge cannot waive fees generally. They may only be waived in a particular case. It remains for each diocese to decide when to issue its own guidance for policy matters relating to parochial fees that are not covered by legislation, for example in the management of handling income from parochial fees and providing for adequate delivery of the services for which parochial fees are payable. 9 What elements count as extra now? (Until 31 December 2012) It is impossible to give a definitive list. Examples of the items for which a parish currently may decide to make an extra charge include: * special heating (that is, heating over and above the amount (if any) which would have been provided in the church if the particular service had not been arranged); 5

6 * the services of an organist, choir or bell-ringers; * sheet or recorded music that has to be specially purchased; * the provision of recorded or taped music; * the taking of films, video or sound recordings (where permitted); * flowers; * special furnishings. 10 What PCC items will be specifically covered by parochial fees? The Order specifies that parochial fees include any costs and expenses incurred in relation to a service for routine administration (including arranging dates and times and the making of entries in registers), making the church available and lighting it. It will be unlawful to make any additional charge, besides the parochial fee, for these items. For clarification of what is covered by statutory fees see the answer to question 6, which sets out which elements are included in the calculation of the fees. These are the matters that the fees cover. 11 What is the process for handling fees? Each diocese will already have arrangements for handling incumbents assigned fees (which because of assignment are legally payable to the DBF) and it is expected that these will continue when fees become payable to the DBF by legislation. It remains for each diocese to make its own arrangements. There is no reason why a diocese can not continue with current arrangements if it considers they are adequate. 12 Can the fees ever be waived? Under the new arrangements the incumbent or priest-in-charge of the benefice concerned will have an enhanced right of waiver - after consultation with the churchwardens for PCC fees. However, an incumbent/priest in charge cannot waive fees generally. They may only be waived in a particular case. That means that the incumbent/priest in charge should be able to account for a particular decision to waive a fee. 13 What happens if a retired or self-supporting minister takes the service? Legal entitlement If a parochial fee is payable, the DBF part of the fee is legally payable to the DBF, and the PCC part is legally payable to the PCC, in the same way as if stipendiary clergy take the service. Handling fees Each diocese will already have arrangements for handling incumbents assigned fees (which because of the assignment are legally payable to the DBF) and it is expected that these will continue when fees become payable to the DBF under legislation. It remains for each diocese to make its own arrangements. There is no reason why a diocese can not continue with current arrangements if it considers they are adequate. 6

7 Payments to non-stipended ministers It is for each DBF to decide whether payments are to be made to those ministers who are not in receipt of a stipend. It is now the practice in some dioceses to make such payments to retired stipendiary clergy who take services, but it is possible for a diocese to make payments to other ministers who are not in receipt of a stipend. 14 Who do we ask for help if we have questions? Every diocese has been informed of the new arrangements, and questions should be directed in the first instance to the person in the diocesan office who has the information about fees. A range of information is on the relevant page of the Church of England website 15 Why are there fees set for 2014 as well as 2013? Under the new arrangements fees Orders can set fees for periods of up to five years. However, the General Synod took the view that the first Order under the new arrangements should be for only two years, to allow the new arrangements to bed in. 16 What about a larger fee if the parish church is a large building? There is no provision for variable charges according to the size of building. The working group looked at this and suggested that in exceptional cases an additional voluntary contribution may be invited (following consultation in every case with the archdeacon or other diocesan advisor). The working group had in mind situations where exceptional costs were incurred, for example where the service was a civic occasion, or where a service was to be televised. 17 What about Chaplains? Chaplains, for example hospital chaplains, prison chaplains, school chaplains, have never been entitled to receive parochial fees. Where a chaplain who is a clerk in holy orders or a licensed deaconess, reader or lay worker officiates at a service in respect of which fees are prescribed under a parochial fees order, as a matter of law the fees belong to the DBF and PCC in the same way as they do when the parochial clergy officiate. However, where chaplains take a service they may receive a payment, if the DBF has decided that they should. 18 What about baptisms? It is illegal to charge a fee for the administration of baptism, under the provision of the Baptismal Fees Abolition Act There is a fee payable for the supply of a certificate of baptism. It is made clear in the 2012 Order that this means a certified copy of the entry in the register of baptism, in the form prescribed by the Parochial Registers and Records Measure No fee is specified for the issuing of souvenir cards that have no status in law. A fee is also specified for a short certificate under the Baptismal Registers Measure

8 19 No fees for the funeral or burial of persons aged under 16 years? Under the new arrangements no fee is payable for the burial of a stillborn infant or for the funeral or burial of a person who dies within sixteen years after birth. 20 What about fees for services at a Cathedral? Parochial fees for a parish of which a cathedral is the parish church, which would otherwise be payable to the PCC or the DBF, will be payable to the corporate body of the cathedral. 21 Marriage Certificate fees These fees are not parochial fees they are set by the Secretary of State. From July 2011 they are payable to the PCC. 22 PCC fees how to decide which PCC gets the fee 1 (a) In the case of a burial or funeral service that takes place in a church or churchyard, the PCC fee belongs to the PCC of the parish where the church or churchyard is situated. (b) In the case of a burial or funeral service that takes place somewhere other than a church or churchyard, and the deceased was entered on a church electoral roll, the PCC fee belongs to the PCC of the parish on whose electoral roll the deceased was entered. If the deceased was entered on the electoral roll of more than one parish, the fee shall is to be shared equally between each of the PCCs of those parishes. (c) In the case of a burial or funeral service which takes place somewhere other than a church or churchyard and the deceased was not entered on any church electoral roll, the PCC fee belongs to the PCC of the parish where the deceased had his or her usual place of residence. (d) In any other case, the PCC fee belongs to the PCC of the parish where the service or other event to which the fee relates takes place. 23 What about ongoing churchyard maintenance? The fees for burial of a body, and also monument fees, include a one-off contribution towards the long term upkeep and maintenance of the churchyard. 24 Burial of cremated remains Fees are specified for burial of cremated remains in a churchyard or other lawful disposal of remains. Sub-paragraph 4(b) of Canon B38 specifies what this means: The ashes of a cremated body should be reverently disposed of by a minister in a churchyard or other burial ground in accordance with section 3 of the Church of England (Miscellaneous Provisions) Measure 1992 or on an area of land designated by the bishop for the purpose of this sub-paragraph or at sea. 1 applies to church of England parochial fees see section 1(7) of the Ecclesiastical Fees Measure 1986, as amended. 8

9 25 What about fees for services in chapels? The Measure uses the word church as a general word for buildings in which services are conducted for which a fee is payable. The Measure defines church as follows church means a parish church, a place licensed for public worship by the bishop under section 29(1) or a building designated as a parish centre of worship by the bishop under section 29(2) of the Pastoral Measure 1983 (1983 No. 1) and, in relation to marriage only, a public chapel licensed for the solemnization of marriages under section 20 of the Marriage Act 1949 or an authorized chapel within the meaning of section 78(1)(a) of that Act, provided that the marriage takes place in accordance with the licence or as mentioned in section 78(1)(a), as the case may be, but does not include any church or chapel in or belonging to any extra-parochial place which is licensed by the bishop under section 21 of that Act and churchyard shall be construed accordingly. Section 10 of the Ecclesiastical Fees Measure 1986 as amended by the Ecclesiastical Fees (Amendment) Measure An amendment to this definition of church will be made when the Church of England (Miscellaneous Provisions) Measure 2012 comes into effect. This will not be until well into