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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.