Notaries4.17

NOTARIES (ACCESS TO JUSTICE ACT) (CONSEQUENTIAL PROVISIONS) RULES 1999

1 Citation and Commencement

1.1 These rules may be cited as the Notaries (Access to Justice Act) (Consequential Provisions) Rules 1999.

1.2 This rule and rule 11 shall come into force on the date hereof and the remainder of these rules shall come into force on the day on which Section 53 of the Access to Justice Act 1999 comes into force which shall be "the Operative Date" for the purposes of these rules.

2 Notarial Faculties

2.1 For the avoidance of doubt any provision in the faculty of a notary public which would operate so as to prevent him from practising in, or within three miles of, the City of London, shall automatically cease to have effect on the Operative Date and it shall not be necessary for a further or amended faculty to be issued.

2.2 Any notary whose faculty contains a restriction of the type described in rule 2.1 may, on application to the Registrar and on payment of such a fee as the Master may from time to time prescribe, be issued with a revised faculty omitting such restriction.

2.3 In this rule "the Master" means the Master of the Faculties and "the Registrar" means the Registrar of the Court of Faculties.

3 Practising Certificates

For the avoidance of doubt, from the Operative Date, any notarial practising certificate limited by the words "outside the jurisdiction of the Scriveners Company" shall automatically have effect as if such limitation were omitted.

4 Amendment to Public Notaries (Practising Certificates) Rules 1982

The Schedule to the Public Notaries (Practising Certificates) Rules 1982 is amended as follows:-

4.1 In the form of application for entry or issue of a practising certificate the question "Does your Faculty exclude the area of the Scriveners' Company jurisdiction?" is omitted.

4.2 In the form of practising certificate the words "outside the jurisdiction of the Scriveners Company" are omitted.

5 Amendments to the Notaries' Practice Rules 1989

The Notaries' Practice (Rules) 1989 are amended as follows:-

5.1 The following new rule is added after Rule 2:

"Rule 2A (Scrivener Notaries)

No notary shall describe himself as a Scrivener or a Scrivener notary unless he holds the qualifications to practise as a Scrivener notary from time to time prescribed by the Incorporated Company of Scriveners of London".

5.2 Rule 7(3) is omitted

6 Amendment to Notaries' Accounts (Deposit Interest) Rules 1989

In rule 5 of the Notaries' Accounts (Deposit Interest) Rules 1989 the words "Scrivener notary" are omitted and the words "notary who is a member of that Society" are substituted therefor.

7 Amendments to the Public Notaries (Qualification) Rules 1991

In rule 7 of the Public Notaries (Qualification) Rules 1991 the words "outside the jurisdiction of the Company" are omitted.

8 Amendments to the Order of the Master made pursuant to the Notaries (Records) Rules 1991

In the Order of the Master made pursuant to the Notaries (Records) Rules 1991 on 4 March 1992 the words "outside the jurisdiction of the Incorporated Company of Scriveners of London" are omitted in paragraph 2.

9 Amendments to the Public Notaries (Conduct and Discipline) Rules 1993

In the Public Notaries (Conduct and Discipline) Rules 1993 paragraph (j) of rule 2 is omitted and the following substituted therefor:-

"'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 or who did hold such qualifications before being struck off the Roll of Notaries or suspended from practice by an order of the Court."

10 Amendments to the Notaries (Qualification) Rules 1998

The Notaries (Qualification) Rules 1998 are amended as follows:-

10.1 Rule 5 is omitted and the following new rule substituted therefor:-

"5 General Notaries

Any person who satisfies the requirements of rule 3 and who has obtained the qualifications required under Part III of these rules may apply for admission as a general notary to practise in England and Wales."

10.2 Rule 6 is omitted.

10.3 In rule 8.1 the words "or to obtain a certificate of eligibility for admission" are omitted.

10.4 In rule 9.2 the words "other than within the exclusive jurisdiction of the Company" are omitted.

10.5 Rule 12.3 is omitted and the following substituted therefor:-

"Any person who had, before the Operative Date, entered an apprenticeship agreement in accordance with Rule 5 of the Scriveners (Qualification) Rules 1991 may within five years of the Operative Date apply for admission under Rule 5 upon producing a certificate of freedom of the Incorporated Company of Scriveners of London and a certificate from the Clerk of that Company that he has passed Parts I and II of the examinations and completed the period of apprenticeship prescribed under the Scriveners (Qualification) Rules 1991".

11 The Society of Scrivener Notaries

Where in any rule or order made by the Master prior to the date hereof reference is made to The Society of Public Notaries of London, that reference shall be deemed to be a reference to the body corporate called "The Society of Scrivener Notaries".