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PUBLIC NOTARIES (CONDUCT AND DISCIPLINE) RULES 1993 as amended by the Notaries (Access to Justice Act) (Consequential Provisions) Rules 1999

PART I: PRELIMINARY

Citation and Commencement

1. These rules may be cited as the Public Notaries (Conduct and Discipline) Rules 1993 and shall come into operation on October 1, 1993.

Interpretation

2. In these rules:

(a) "Approved Procedure" means a complaints conciliation procedure approved under Rule 3 of these rules;

(b) "Competent Complainant" means:

(i) a Nominated Notary,

(ii) the Incorporated Company of Scriveners or a member of that Company nominated by it, or

(iii) any person who has been a client of the public notary in question where the complaint relates to Notarial Misconduct arising from notarial acts or other professional services performed by the public notary for that client;

(d) "the Contingency Fund" means the fund referred to in the Notarial Contingency Fund Rules 1981;

(e) "Designated Society" means the Incorporated Company of Scriveners, the Notaries' Society, the Society of Public Notaries of London and such other bodies as the Master may from time to time designate for the purposes of these rules;

(f) "the Master" means the Master of the Faculties;

(g) "Nominated Notary" means a public notary appointed by the Registrar under Rule 4 of these Rules;

(h) "Notarial Misconduct" means:

(i) fraudulent conduct,

(ii) practising as a notary public without a valid Practising Certificate or in breach of a condition or limitation imposed on a Practising Certificate, or

(iii) other conduct unbefitting the office of a public notary;

(i) "the Registrar" means the Registrar of the Court of Faculties;

(j) "Scrivener Notary" means a public notary who holds the qualifications to practise as a Scrivener notary from time to time prescribed by the Incorporated Company of Scriveners of London or who did hold such qualifications before being struck off the Roll of Notaries or suspended from practice by an order of the Court;

(k) "Solicitor Notary" means a public notary who is or was enrolled as a solicitor of the Supreme Court of England and Wales;

(1) "the Schedule" and "the Appendix" mean respectively the Schedule and Appendix to these Rules;

(m)references in these Rules to a "notary" or a "public notary" are references to a public notary enrolled on the Roll of Notaries maintained by the Court.

PART II: COMPLAINTS

Complaints Conciliation Procedures

3. (a)The Master may from time to time approve by written notice a complaints conciliation procedure produced by a Designated Society and may at any time by written notice withdraw his approval of any procedure.

(b) An Approved Procedure may include provision:

(i) for the informal resolution of disputes between members of the public and public notaries concerning notarial acts done by a public notary or the conduct of a public notary's practice;

(ii) for the informal resolution of disputes between members of the public and public notaries concerning the charges made by public notaries for notarial services;

(iii)for dealing with complaints about the conduct or practice of a public notary referred to a Designated Society by the Registrar or the Law Society;

and for such other matters as the Master may from time to time specify.

(c) An Approved Procedure shall not include provision for the resolution of complaints of Notarial Misconduct made against a public notary.

Nominated Notaries

4. A Nominated Notary appointed by the Registrar under these Rules shall be a public notary (but not a Scrivener Notary) who holds a Notarial Practising Certificate and has held such a Certificate for not less than ten years.

Functions of Nominated Notaries

5. (a)A Nominated Notary may be appointed by the Registrar to investigate allegations of Notarial Misconduct referred to him by the Registrar and, if he thinks fit, to prepare and prosecute disciplinary proceedings against public notaries in the Court of Faculties in accordance with the provisions of these Rules and to carry out such other functions as may be provided in these Rules.

(b) Where a Nominated Notary investigates an allegation of Notarial Misconduct referred to him by the Registrar but such investigation does not lead to the issue of disciplinary proceedings in the Court the Nominated Notary shall be entitled upon submitting an account to the Registrar for approval to be paid such fixed fee or to be paid at such rate for the work done as the Master may from time to time specify by Order and such fee shall be paid by the Registrar out of the Contingency Fund.

Referral of Allegations by Registrar

6. (a) Where the Registrar receives an allegation concerning the conduct or practice of a public notary which in his opinion does not amount to an allegation of Notarial Misconduct or where the precise nature of the allegation is unclear he shall refer the matter to a Designated Society to be dealt with in accordance with an Approved Procedure.

(b) Where the Registrar receives an allegation concerning the conduct or practice of a public notary (other than a Scrivener Notary) which appears to him to amount to an allegation of Notarial Misconduct he shall appoint a Nominated Notary to investigate the allegation pursuant to Rule 5 of these Rules.

(c) (i) Where the Registrar receives an allegation concerning the conduct or practice of a Scrivener Notary which appears to him to amount to an allegation of Notarial Misconduct he shall refer the allegation to the Incorporated Company of Scriveners.

(ii) Upon the referral of such an allegation to the Incorporated Company of Scriveners it shall be investigated by the Incorporated Company under arrangements made by it and approved by the Master and if it thinks fit the Incorporated Company or a member of the Company nominated by it shall prepare and prosecute disciplinary proceedings in the Court of Faculties against the Scrivener Notary in question in accordance with the provisions of these Rules and the Incorporated Company or the member so nominated shall be regarded as a Nominated Notary for the purposes of Rule 9(c)(iii) of these Rules.

Referral of Allegations by Designated Societies

7. Where an allegation against a public notary comes to the attention of a Designated Society (whether or not in the course of the operation of an Approved Procedure) and it appears that such allegation amounts to an allegation of Notarial Misconduct the Designated Society shall refer the allegation to the Registrar for consideration in accordance with Rule 6 of these Rules.

PART III: DISCIPLINARY PROCEDURE

Disciplinary Proceedings in the Court of Faculties

8. (a) A complaint of Notarial Misconduct may be made to the Court by any Competent Complainant.

(b) Where:

(i) an allegation concerning the conduct or practice of a public notary has been received by the Registrar and he has not appointed a Nominated Notary to investigate the allegation or referred the allegation to the Incorporated Company of Scriveners (as the case may be) under Rule 6(b) or Rule 6(c)(i) of these Rules within 28 days of receiving the allegation, or

(ii) the Registrar has appointed a Nominated Notary or referred the allegation to the Incorporated Company of Scriveners and the Nominated Notary or the Incorporated Company has determined not to make a complaint of Notarial Misconduct to the Court in respect of the allegation or has not so made a complaint within 112 days of his appointment or the referral of the allegation (as the case may be),

then a complaint of Notarial Misconduct in respect of that allegation may be made to the Court by any public notary who holds a Notarial Practising Certificate and such public notary shall be deemed to be a Competent Complainant for the purposes of these Rules.

(c) The procedure set out in Part II of the Schedule shall apply to all complaints of Notarial Misconduct made to the Court.

(d) The forms set out in the Appendix with such variations or additions thereto as the Master may from time to time approve shall be used in all proceedings before the Court to which these Rules relate.

Disciplinary Sanctions

9.(a) Where the Master after hearing a complaint of Notarial Misconduct against a public notary finds that it has been proved he may:

(i) order that the notary be struck off the Roll of Notaries,

(ii)order that the notary be suspended from practice as a public notary for a specified period or until certain conditions have been met or indefinitely,

(iii)impose conditions as to the future scope or conduct of the notarial practice of the notary and direct that his practising certificate be endorsed or the endorsement on his solicitor's practising certificate be marked accordingly, or

(iv) order that the notary be admonished.

(b) In addition to imposing any of the penalties listed in paragraphs (ii), (iii) or (iv) of sub-rule (a) above the Master may order that unless the notary:

(i) indemnifies any client of the notary whom the Master finds to have suffered actual loss as a result of the Notarial Misconduct in question, and

(ii) pays a penalty not exceeding £250 (or such higher sum as the Master may from time to time specify for the purpose of these Rules) such penalty to be paid to whomsoever the Master may direct,

the notary shall be struck off the Roll of Notaries.

a. that the costs of either party to the complaint be paid by the other party,

b. that the costs of the Court be paid by either party or by both parties (whether in equal or unequal shares),

c. that the costs of either party or of the Court shall be paid from the Contingency Fund, and

d. that a party against whom an order for costs is made shall, instead of paying those costs to the other party or the Court, pay them into the Contingency Fund.

(ii) Any order for costs may be in a fixed sum assessed by the Master as representing or being a contribution towards the reasonable costs of the party concerned or may be for costs to be taxed.

(iii)The Master shall not make any order for costs against a Nominated Notary who shall in all cases be entitled to an order for costs in his favour such costs to be paid from the Contingency Fund.

(iv)Where an order is made for costs to be taxed the costs shall be taxed by the Registrar on such basis and in accordance with such scale applicable in the High Court or the County Court as the Master may direct.

Special Provision for Solicitor Notaries

10. (a) (i) Where a Solicitor Notary is ordered by the Solicitors' Disciplinary Tribunal to be struck off the roll of solicitors a complaint may be brought to the Court by a Competent Complainant for the notary to show cause why he should not be struck off the Roll of Notaries.

(ii) Where it comes to the notice of the Registrar that a Solicitor Notary who is not a Scrivener Notary has so been struck off the roll of solicitors he shall appoint a Nominated Notary to bring such a petition.

(iii) Where it comes to the notice of the Registrar that a Scrivener Notary has been so struck off the roll of solicitors he shall appoint the Incorporated Company of Scriveners to bring such a petition.

(b) The provisions of Part III of the Schedule shall apply to a complaint brought under this rule.

(c) On the hearing of a complaint brought under this rule the Master shall order that the notary be struck off the Roll of Notaries unless the notary satisfies the Master that there is good and sufficient cause why he should not be so struck off in which case the Master may impose one of the other penalties listed in Rule 9(a) of these Rules or no penalty.

(d) Upon hearing a complaint brought under this rule the Master shall order that the costs of the complainant and of the Court be paid by the notary concerned but in all other respects the provisions of Rule 9(c) shall apply.

(e) It shall be the duty of any Solicitor Notary against whom a complaint has been made to the Solicitors' Disciplinary Tribunal and found by that Tribunal to be substantiated to report such finding forthwith to the Registrar (whatever penalty is imposed by the said Tribunal).

Application for Review

11. (a) Where as a result of an Order made under these Rules a public notary:

(i)has been struck off the Roll of Notaries other than pursuant to proceedings under Rule 10 of these Rules and a period of not less than twelve months has elapsed since the date of striking off,

(ii) has been suspended from practice for a period exceeding twelve months or for an indefinite period and a period of not less than twelve months has elapsed since the date of the suspension,

(iii) has had conditions imposed as to the future scope or conduct of his notarial practice, or

(iv)has been struck off the Roll of Notaries pursuant to proceedings under Rule 10 of these Rules and has since been restored to the roll of solicitors,

the public notary may petition the Court to review the Order.

(b) In the case of a petition under paragraph (i), (ii) or (iv) of sub-rule (a) above it shall be for the public notary to prove to the satisfaction of the Court that circumstances have changed since the Order was made and that it is not contrary to the public interest or the interest of the notarial profession that the Order be reviewed and, in the case of a petition under paragraph (iii) of sub-rule (a), it shall be for the public notary to prove to the satisfaction of the Court that as a result of a change in circumstances the conditions imposed are no longer necessary or desirable in the public interest.

(ii) On receiving a petition brought under this Rule by a notary other than a Scrivener Notary the Registrar shall appoint a Nominated Notary to act as respondent to the petition.

(iii) On receiving a petition brought under this Rule by a Scrivener Notary the Registrar shall appoint the Incorporated Company of Scriveners to act as respondent to the petition.

(iv) The costs of the respondent to a petition brought under this Rule and of the Court shall be paid by the petitioner in any event but in all other respects the provisions of Rule 9(c) shall apply mutatis mutandis.

(d) Upon hearing a petition brought under this Rule the Master may:

(i) in the case of a petition under paragraphs (i) or (iv) of sub-rule (a) above order that the notary be restored to the Roll of Notaries either immediately or on some specified future date,

(ii) in the case of a petition under paragraph (ii) of sub-rule (a) order that the suspension be lifted either immediately or on some specified future date,

(iii) in the case of a petition under paragraph (iii) of sub-rule (a) order that the conditions imposed be lifted or that different conditions be imposed,

(iv) impose such conditions upon any Order or require such undertakings to be given by the petitioner as he thinks fit, or

(v) dismiss the petition.

Schedule and Appendix

12. (a) The provisions of Part I of the Schedule shall apply to all proceedings under these Rules

(b)It shall be within the discretion of the Registrar to grant to a party to proceedings before the Court such extension to any of the time limits contained in the Schedule as appears to him to be reasonable.

(c) Forms 3,5,6,8 and 11 set out in the Appendix shall be issued by the Registrar under the seal of the Court but any omission to affix the seal of the Court shall not invalidate a form or any proceedings to which it relates.

THE SCHEDULE

PART I: PRELIMINARY

1. References in this Schedule to forms are to the forms set out in the Appendix, references in Parts II and III to the complainant and the respondent are to the person bringing a complaint and the public notary against whom a complaint is brought respectively and references in Part IV to the petitioner and the respondent are to the public notary petitioning for review and the person or body appointed to act as respondent to the petition respectively.

2. (1)Any notice or document required by this schedule to be delivered to the Registrar shall be delivered to him at the Court of Faculties, 1 The Sanctuary, Westminster, London SW1P 3JT and shall be deemed to be delivered on the day on which it is actually received by the Registrar.

(2) Any notice or document required by this Schedule to be served by the Registrar may be served by sending it by ordinary first class post to such address as may have been specified by the party concerned as his address for service or if no such address has been specified for a public notary to the address appearing for him on the Roll of Notaries, and any notice or document so sent shall be deemed to have been served on the second working day after posting.

3. The hearing of a complaint or petition under these Rules shall take place at such venue as the Master may direct and each party shall be entitled to be present and to be represented by a public notary, a solicitor or counsel.

PART II: PROCEEDINGS UNDER RULE 8

1. A complaint of Notarial Misconduct shall be made by memorial of complaint in form 1 and shall be supported by an affidavit in form 2.

2. The memorial of complaint and affidavit in support shall be delivered to the Registrar.

3. On receiving a memorial of complaint and affidavit in support the Registrar shall issue the complaint and serve a copy of each document together with notice of proceedings in form 3 on the respondent.

4. Within twenty-one days of service of the notice of proceedings on him the respondent shall deliver to the Registrar an answer to the complaint in form 4 and on receipt of an answer the Registrar shall serve a copy on the complainant.

5. Within forty-two days of service of the notice of proceedings on him the respondent shall, if he intends to contest the proceedings, deliver to the Registrar an affidavit in reply to the complaint and on receipt of such affidavit the Registrar shall send a copy to the complainant.

6. If the respondent fails to deliver an answer within the time prescribed by paragraph 4 or an affidavit within the time prescribed by paragraphs the Registrar shall appoint a date for the hearing of the complaint and give notice to both parties in form 5.

7. If the respondent serves an answer to the complaint and an affidavit in reply within the times prescribed the Registrar shall refer the papers to the Master who shall make such directions for the future conduct of the complaint as he thinks fit including directions:-

(i) for the filing and service of further evidence;

(ii) for the preparation and disclosure of lists of documents and for the inspection of such documents;

(iii) for a preliminary hearing to consider any point of law or procedure which may be raised by the proceedings or to consider the making of further directions;

(iv)for the hearing of the complaint and the attendance of witnesses at the hearing.

And the Registrar shall serve a copy of the Master's directions and notice of any hearing (which shall be in form 5) on each party.

8. (1) If a party to the complaint requires the deponent to any affidavit filed to attend at the hearing of the complaint he shall give notice to the Registrar and to the other party not less than fourteen days before the date appointed for the hearing.

(2) If a deponent who has been so required to attend the hearing does not attend the onus shall be on the party seeking to rely on the affidavit evidence of that witness to show why the affidavit should be accepted in evidence.

9. (1)The procedure adopted at the hearing shall take such form as the Master thinks fit in all the circumstances of the case but shall ensure that both parties are given an opportunity to state their case to the Master and to cross-examine any witnesses giving evidence in person at the hearing.

(2) Subject to the provisions of paragraph 8 the complaint shall be decided on the basis of the affidavits filed.

(3) At any time prior to the conclusion of a hearing the Master may, if he thinks it expedient to do so, adjourn the hearing and give such further directions as he thinks fit.

10. After hearing the complaint the Master may give his decision at the hearing or reserve judgment and the Registrar shall give notice to the parties of the Master's Order in form 6.

PART III: PROCEEDINGS UNDER RULE 10

1. A complaint under Rule 10 of these Rules should be made by memorial of complaint in form 7 and shall be accompanied by a copy of the order of the Solicitors' Disciplinary Tribunal ordering the respondent to be struck off the roll of solicitors certified as being a true copy by the clerk of the said Tribunal (which certificate shall be conclusive for the purposes of the proceedings).

2. The memorial of complaint shall be delivered to the Registrar who shall issue the complaint and appoint a date for the hearing of the complaint and shall serve a copy of the complaint and notice of hearing in form 8 on the respondent.

3. Within twenty-eight days of service of the notice of hearing upon him the respondent shall deliver to the Registrar an acknowledgement of the complaint in form 9 and affidavits of any evidence which he wishes to bring before the Master and the Registrar shall serve copies of the same on the complainant.

4. At the hearing of the complaint:

(i) the complainant shall not be required to attend or take part in the hearing but may do so if he wishes;

(ii) the respondent shall be entitled to address the Master and to give evidence in person and to place before the Master such affidavits as he has delivered to the Registrar in accordance with paragraph 3 and if the complainant attends the hearing he shall take such part in it as the Master may permit.

5. After hearing the complaint the Master may give his decision at the hearing or reserve judgment and the Registrar shall give notice to the parties of the Master's Order in form 6.

PART IV: APPLICATION FOR REVIEW UNDER RULE 11

1. A petition under rule 11 of these Rules shall be made in form 10 and shall be accompanied by an affidavit or affidavits setting out in full the grounds of the petition and the evidence in support of the petition.

2. (1) Upon receiving a petition and affidavit the Registrar shall issue the petition and serve a copy of each document on the Nominated Notary (or, as the case may be, the Incorporated Company of Scriveners) appointed as respondent under Rule 11(c) (ii) or (iii) and the Registrar shall also serve on both parties notice of hearing of the petition in form 11.

(2) Where the order which the petitioner is seeking to review was made as a result of a complaint brought by a person who was Competent Complainant qualified under Rule 2(b) (iii) the Registrar shall also send copies of the above documents and notice and any affidavit delivered under paragraph 3 to the complainant who shall be entitled to attend the hearing and (if the Master so permits) to address the Court.

3. The function of the respondent shall be to ensure that the petitioner is put to proof of his case and to bring to the attention of the Court all such facts and matters as the respondent thinks should be before the Court and if the respondent wishes to present to the Court an affidavit or affidavits in reply to the petition he shall deliver the same to the Registrar not less than twenty-eight days before the date of the hearing and the Registrar shall forthwith serve copies on the petitioner.

4. At the hearing the Master shall consider all documents and evidence which was before the Court before making the Order which the petitioner is seeking to review and shall consider the affidavits filed in support of and any affidavits filed in answer to the petition and the petitioner may give evidence in person. The Master shall also consider representations made to him by the parties.

5. After hearing the petition the Master may give his decision at the hearing or reserve judgment and the Registrar shall give notice to the parties of the Master's Order in form 6.

APPENDIX

Form 1: Memorial of Complaint

IN THE COURT OF FACULTIES

in the matter of [AB] a public notary and

in the matter of the Public Notaries (Conduct and Discipline) Rules 1993

To the Registrar

I, the undersigned [CD], of [address] do hereby make complaint that the said [AB] of [address] has been guilty of Notarial Misconduct within the meaning of the said Rules.

The grounds of this complaint are contained in the affidavit which accompanies this memorial.

DATED this day of 19

Signed

Address for service

Form 2: Affidavit in Support of Memorial of Complaint

IN THE COURT OF FACULTIES

in the matter of [AB] a public notary and

in the matter of the Public Notaries (Conduct and Discipline) Rules 1993 I [CD] of [address] make oath and say as follows:-

1. I am a Competent Complainant within the meaning of the said Rules as [specify how the deponent is a Competent Complainant].

2. I make this affidavit in support of my memorial of complaint against the above named [AB], a public notary of [address].

3. [Here state the facts concisely in numbered paragraphs, and show the deponent's means of knowledge].

Form 3: Notice of Proceedings IN THE COURT OF FACULTIES

in the matter of [AB] a public notary and

in the matter of the Public Notaries (Conduct and Discipline) Rules 1993

TO: [AB] a public notary of [address]

TAKE NOTICE that a memorial of complaint has been received by the Court alleging that you have been guilty of Notarial Misconduct. A copy of the memorial and the affidavit supporting it are attached to this notice.

You are required:-

1. Within twenty-one days of service of this notice upon you to deliver to me an answer to the complaint in the form prescribed by the above Rules, and

2. If you intend to contest these proceedings, to deliver to me within forty-two days of service of this notice upon you an affidavit in reply to the complaint.

If you fail to comply with these requirements I will proceed to appoint a date for the hearing of the complaint.

All communications should be addressed to "The Registrar, The Court of Faculties, 1 The Sanctuary, Westminster, London SW1P 3JT".

DATED this day of 19

Signed

Registrar

Form 4: Answer to Complaint IN THE COURT OF FACULTIES

in the matter of [AB] a public notary and

in the matter of the Public Notaries (Conduct and Discipline) Rules 1993

To the Registrar

I, [AB] in answer to the complaint of [CD], say that:-

1. I intend to contest the complaint

or I do not intend to contest the complaint [delete as applicable]

2. My address for service is

DATED this day of

Signed

Form 5: Notice of Hearing IN THE COURT OF FACULTIES

in the matter of [AB] a public notary and

in the matter of the Public Notaries (Conduct and Discipline) Rules 1993

To the above named respondent [AB] of [address] and to the complainant [CD] of [address]

TAKE NOTICE that this complaint will be heard by the Master of the Faculties on day the day of 19 at o'clock in the noon at

when you are required to attend.

If you do not attend the hearing may proceed in your absence.

DATED this day of 19

Signed Registrar

Form 6: Order

IN THE COURT OF FACULTIES

in the matter of [AB] a public notary

and

in the matter of the Public Notaries (Conduct and Discipline) Rules 1993

To the above named [respondent/petitioner] [AB] of [address] and to the [complainant/respondent] [CD] of [address]

The Master of the Faculties having heard this [complaint] [petition] on the day of 19 THE COURT DOTH ORDER as

follows:-

DATED this day of 19

Signed

Registrar

Form 7: Memorial of Complaint under Rule 10

IN THE COURT OF FACULTIES

in the matter of [AB] a public notary

and

in the matter of the Public Notaries (Conduct and Discipline) Rules 1993 To the Registrar

I, the undersigned [CD] of [address] being a Competent Complainant within the meaning of the said Rules do hereby make complaint that the said [AB] of [address] being a Solicitor Notary within the meaning of the said Rules was, by an order of the Solicitors' Disciplinary Tribunal made on the day of 19 ,ordered to be struck off the roll of solicitors of the Supreme Court and that he should now be required to show cause why he should not be struck off the Roll of Notaries.

A certified copy of the order of the said Tribunal accompanies this memorial.

DATED this day of 19

Signed

Address for service

Form 8: Notice of Hearing under Rule 10

IN THE COURT OF FACULTIES

in the matter of [AB] a public notary

and

in the matter of the Public Notaries (Conduct and Discipline) Rules 1993

To the above named respondent [AB], a public notary of [address] and to the complainant [CD] of [address]

TAKE NOTICE that a memorial of complaint has been received by the

Court against you [AB] under Rule 10 of the said Rules and it appears to the Court that you, being a Solicitor Notary within the meaning of the said Rules, have been struck off the roll of solicitors by the Solicitors' Disciplinary Tribunal. A copy of the memorial and the order of the Solicitors' Disciplinary Tribunal is attached to this notice.

NOW YOU [AB] are required:-

1. Within twenty-eight days of the service of this notice upon you to deliver to me an acknowledgement of the complaint in the form prescribed by the said Rules and affidavits of any evidence which you wish to bring before the Court.

2. To attend before the Master of the Faculties on day the day of 19 at o'clock in the noon

to show cause why you should not be struck off the Roll of Notaries, and if you do not attend the hearing may proceed in your absence.

All communications should be addressed to "The Registrar, The Court of Faculties, 1 The Sanctuary, Westminster, London SW1P 3JT"

DATED this day of 19

Signed Registrar

Form 9: Acknowledgement to Complaint under Rule 10

IN THE COURT OF FACULTIES

in the matter of [AB] a public notary and

in the matter of the Public Notaries (Conduct and Discipline) Rules 1993 To the Registrar

I [AB] acknowledge service of the Notice of hearing of this complaint.

[Affidavits setting out the evidence which I wish to bring before the Master accompany this form]

or [I do not wish to bring any evidence before the Master] (delete as applicable)

My address for service is

DATED this 19

Signed

day of

Form 10: Petition under Rule 11

IN THE COURT OF FACULTIES

in the matter of [AB] a public notary and

in the matter of the Public Notaries (Conduct and Discipline) Rules 1993

To the Registrar

I [AB] of [address for service] petition the Court as follows:-

1. By an order of the Court made on [date] it was ordered that [set out the terms of the order other than terms as to costs]

2. I now ask that the said order be reviewed pursuant to Rule 11 of the said Rules

3. The grounds of this petition and the evidence in support of it are fully set out in the accompanying affidavit[s]

DATED this day of 19

Signed

Petitioner

Form 11: Notice of Hearing of Petition under Rule 11

IN THE COURT OF FACULTIES

in the matter of [AB] a public notary and

in the matter of the Public Notaries (Conduct and Discipline) Rules 1993

To the above named petitioner [AB] of [address] and to [CD] of [address] appointed to act as respondent to this petition

TAKE NOTICE that this petition will be heard by the Master of the

Faculties on day the day of 19 at o'clock in the noon at

when you are required to attend. If you do not attend the hearing may proceed in your absence

DATED this day of 19

Signed

Registrar