NOTARIES (ADVISORY BOARD) RULES 2008
We, SHEILA MORAG CLARK CAMERON One of Her Majesty's Counsel, Commissary or Master of the Faculties of the Most Reverend Father in God ROWAN DOUGLAS by Divine Providence Lord Archbishop of Canterbury Primate of all England and Metropolitan in exercise of the powers conferred by section 4 of the Public Notaries Act 1843 and section 57 of the Courts and Legal Services Act 1990 and of all other powers Us enabling hereby make the following Rules
1 Citation and Commencement
These rules may be cited as the Notaries (Advisory Board) Rules 2008.
1.2 These Rules shall come into force on the 6th day of April 2008.
In these rules:
'Public Notaries' includes General and Scrivener Notaries;
'the Board' means the Advisory Board established under rule 3;
'the Faculty Office' means the Registry of the Court of Faculties;
'the Master' means the Master of the Faculties; and
'the Registrar' means the Registrar of the Court of Faculties.
3 3.1 There shall be established an Advisory Board constituted in accordance with the Schedule hereto
3.2 the functions of the Board shall be to advise the Master and the Registrar on any matter pertaining to the notarial profession in England and Wales and its regulation that may be referred to it
(a) by the Master or the Registrar;
(b) by or on behalf of a body representing notaries in practice in England or Wales; or
(c) by any other body or person provided that the Board considers that the matter to be referred to it is of sufficient general interest to or in connection with the notarial profession to justify its consideration.
3.3 The Board may consider any matter pertaining to the notarial profession in England and Wales and its regulation notwithstanding that it has not been referred to the Board under rule 3.2
3.4 The expenses of the Board and of its members shall be paid from the general notarial income of the Faculty Office.
4. Rules 3 and 4 of the Notaries (Miscellaneous Provisions) Rules 2002 are hereby revoked.
1. The Board shall consist of six persons appointed by the Master comprising:
(a) two Public Notaries in practice and holding a valid practising certificate;
(b) the Secretaries of the Notaries Society and of the Society of Scrivener Notaries of London; and
(c) two independent persons, not being notaries, one of whom shall be the Chair of the Board
2. Members of the Board, including the Chair, appointed under paragraph 1 (a) and (c) of this Schedule shall hold office for a period of three years but any member may be removed from office at any time if the Master has reasonable grounds for doing so.
3. A Member appointed under paragraph 1 (a) or (c) of this Schedule will be eligible for re-appointment for one further period of three years only.
4. Any member of the Board wishing to resign from office shall do so in writing to the Registrar giving not less than two months notice of the intention to resign.
5. Where a vacancy arises in the membership of the Board within one of the categories in paragraph 1 (a) or (c) of this Schedule the Master shall as soon as practicable appoint a new member within that category who shall hold office for a period of three years and be eligible for re-appointment as under paragraph 3 of this Schedule.
6. The Registrar shall act as Clerk to the Board or may appoint or nominate another person to act as Clerk in his place.
7 The Board shall meet as often as may be necessary and in any event not less than once each year.
DATED this 12th day of March 2008
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