NOTARIAL APPEALS AND HEARINGS
RULES 2000
As amended by the Notaries (Miscellaneous Provisions) Rules 2002
- Citation and
Commencement
- These rules may be
cited as the Notarial Appeals and Hearings Rules 2000
- These rules shall
come into force on the 21st day of November 2000
- Interpretation
In these rules:
‘1991 Rules’ means the Public Notaries
(Practising Certificates) Rules 1991;
‘1993 Rules’ means the Public Notaries
(Conduct and Discipline) Rules 1993;
‘Assessor’ means a member of the Panel;
‘Commissary’ means the Commissary
appointed by the Archbishop of Canterbury under section 3 of the Ecclesiastical
Licences Act 1533 to be the Commissary for the purposes of these rules;
‘Deputy Commissary’ means a Commissary
appointed by the Archbishop of Canterbury under section 3 of the Ecclesiastical
Licences Act 1533 to be a Deputy Commissary for the purposes of these rules;
‘Lay Assessor’ means an Assessor who is
not a notary public;
‘Master’ means the Master of the
Faculties;
‘Notary Assessor’ means an Assessor who is
a notary public;
‘Panel’ means the Panel of Assessors
established under rule 3;
‘Registrar’ means the Registrar of the
Court of Faculties
- Assessors
- There shall be
established a panel of assessors comprising at least six persons of whom
one half shall be notaries public who have held a practising certificate
for not less than ten consecutive years at the date of their appointment
and one half shall be persons of good standing who are not notaries
public.
- The members of the
Panel shall be appointed by the Master for a term of five years (which
may be renewed for further terms of five years on expiry) but an Assessor
who is involved in an appeal or hearing shall continue in office until
the conclusion of that appeal or hearing notwithstanding the expiry of
his term of office.
- An Assessor’s
appointment may be terminated by the Master with the consent of the
Commissary for gross misconduct.
- Appeals and Hearings
- These rules apply to:
- An appeal under
rule 8(2) of the 1991 Rules; and
- The hearing of a
complaint or petition under Part III of the 1993 Rules.
- The Master may by
Order add to the list in rule 4.1.
- Conduct of Appeals and
Hearings
- In respect of an
appeal or hearing to which these rules apply interlocutory issues shall
be deal with by the Commissary but the matter will be heard by the
Commissary sitting with two Assessors chosen by him, one being a Notary
Assessor and the other being a Lay Assessor
- Where the Commissary
is sitting with Assessors questions of law shall be determined by the
Commissary alone but all other issues shall be determined by a majority
decision
- Interpretation of the
1991 and 1993 Rules
References in Rule 8 (except Rules 8(1) and
8(3)(c)(ii)) of the 1991 Rules and Part III (except Rules 8(d) and 9(b)(ii)) of
and the Schedule and Appendix to the 1993 Rules to the Master shall be read as
if they were references to the Commissary or the Commissary and two Assessors
as the case may be.
- Reference of other matters
to Commissary
- Where the Master is
required to hear any application appeal or other matter not provided for
in rule 4 whether under rules made by him or under his inherent
jurisdiction he may direct that the matter should be heard by the
Commissary.
- Where the Master has
made a direction under rule 7.1 the Commissary shall determine whether to
hear the matter alone or with Assessors and rule 5 shall apply to a
hearing with Assessors
- Deputy Commissary
- If for any reason the
Commissary is unable or unwilling to perform his functions under these
rules in relation to any matter, that matter
shall be assigned by the Registrar to a Deputy Commissary.
- Where a matter has
been assigned under rule 8.1 to a Deputy Commissary that Deputy
Commissary shall perform all of the functions in relation to that matter
which would have been performed by the Commissary.
- Transitional Provisions
Nothing in these rules shall affect any appeal
where notice under rule 8(3)(a) of the 1991 Rules has been given or any hearing
where proceedings have been commenced under the 1993 Rules before the date on
which these rules come into force.

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