PUBLIC NOTARIES (PRACTISING CERTIFICATES) RULES 1991
as amended by the Public Notaries (Practising Certificates) (Amendment) Rules 1993, 1995 and 1999
Citation and Commencement
1. These Rules may be cited as the Public Notaries (Practising Certificates) Rules 1991, and shall come into operation on the 1st day of October 1991 (with the exception of Rule 4 which shall come into operation on the 1st day of January 1992).
2. In these Rules
"The Faculty Office" means the Registry of the Court of Faculties;
"The Master" means the Master of the Faculties;
"The Registrar" means the Registrar of the Court of Faculties;
"The 1982 Rules" means the Public Notaries (Practising Certificates). Rules 1982.
Ratification of 1982 Rules
3. For the avoidance of doubt the 1982 Rules are hereby ratified and confirmed and shall have effect (save insofar as they are hereby varied) as though they were repeated herein.
Duty to hold Practising Certificate
4. No person admitted as a public notary, whether before or after the coming into effect of these Rules, shall hold himself out as a public notary in practice, or perform any notarial act, in England or Wales unless he holds a current solicitor's practising certificate duly entered in the Court of Faculties, or a notarial practising certificate issued out of the Court of Faculties, pursuant to the 1982 Rules.
5. In the 1982 Rules
(a) for every reference to the Solicitors Indemnity Rules 1975 there shall be substituted a reference to the Solicitors Indemnity Rules 1987; and
(b) for every reference to insurance issued under The Law Society's Professional Indemnity Insurance Master Policy there shall be substituted a reference to solicitors' professional indemnity insurance provided by the Solicitors
Indemnity Fund Limited.
Form of Application for Entry or Issue of Practising Certificate
Power to place restrictions on Practising Certificates
7.For the avoidance of doubt it is declared that the Master may direct the entry or issue of any practising certificate under the 1982 Rules to be restricted in such manner as he may think fit, as to the matters or fields in which, or the conditions under which, the holder is thereby entitled to practise as a notary; and the Registrar shall adapt the wording of the certificate or endorsement (as the case may be) prescribed by the 1982 Rules to give effect to the Master's directions in any such case.
8.(1) The Registrar may on the entry or issue of any practising certificate under the 1982 Rules having regard to the provisions of the 1982 Rules and of any general direction made by the Master restrict the certificate or endorsement as to the matters or fields in which the holder is thereby entitled to practise as a notary and the wording of the certificate or endorsement (as the case may be) prescribed by the 1982 Rules shall be adapted to give effect to such restriction.
(2) Any person aggrieved by
(a) the refusal of the Registrar to issue a practising certificate to him under the 1982 Rules, or
(b) the imposition by the Registrar pursuant to sub-rule (1) of this rule of a restriction on a practising certificate granted to him may appeal to the Master against such refusal or the imposition of such a restriction.
(3)(a) An appeal under sub-rule (2) of this rule shall be made by delivering written notice to the Faculty Office within twenty-eight days of the date of notification of the Registrar's refusal to issue a practising certificate or the date on which a practising certificate is issued on which a restriction has been imposed (as the case may be).
(b) An appeal under sub-rule (2) of this rule shall be heard by the Master in chambers but may if the appellant so requests be disposed of by the Master on the basis of written representations.
(c) Upon hearing an appeal under sub-rule (2) of this rule the Master may:
(i) direct the Registrar to issue or enter a practising certificate to the appellant without condition or restriction,
(ii) direct the Registrar to issue or enter a practising certificate to the appellant containing restrictions or conditions imposed by the Master pursuant to rule 7 of these Rules,
(iii) dismiss the appeal.
9.(1) In this Rule "specified profession" means barrister-at-law, chartered or certified accountant, chartered surveyor, licensed conveyancer, licensed probate practitioner, solicitor of the supreme court and such other profession as the Master may specify by order.
(2) Where a Public Notary practises or is a member of a specified profession he shall be under a duty to inform the Registrar forthwith if he is struck off, dismissed or otherwise debarred or disqualified or suspended from practising that specified profession or is subject to any disciplinary sanction imposed by any body regulating that profession.
(3) The failure by a Public Notary to comply with the duty imposed by sub-rule (2) of this Rule shall be Notarial Misconduct within the meaning of Rule 2(h) of the Public Notaries (Conduct and Discipline) Rules 1993.
(4) If it comes to the attention of the Registrar that a Public Notary has been struck off, dismissed or otherwise debarred or disqualified or suspended from practising a specified profession or is subject to any disciplinary sanction imposed by any body regulating that profession, the Registrar may restrict or endorse the practising certificate of the notary in question and Rule 8 shall apply as if the practising certificate were being entered or issued but the Registrar shall notify the notary concerned in writing of the terms of the restriction or endorsement.
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