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NOTARIES (PRACTISING CERTIFICATES) RULES 1982

as amended by the Public Notaries (Practising Certificates) Rules 1991, the Public Notaries (Practising Certificates) (Amendment) Rules 1993, 1995 and 1999 and the Notaries (Access to Justice Act) (Consequential Provisions) Rules 1999 Citation and Commencement

1. These rules may be cited as the Public Notaries (Practising Certificates) Rules 1982 and shall come into operation on the 20th day of October 1982. Entry of Solicitor's practising Certificates in the Court of Faculties

2. A notary public having in force a practising certificate as a solicitor issued under the Solicitors Act 1974 may apply for the entry of the same in the Court of Faculties of the Archbishop of Canterbury by delivering the same at the Registry, either by post or in person, together with (a) a correctly completed and signed application in the form set out in the Schedule hereto; (b) a fee of £10.00 (or such other sum as the Master may from time to time by order prescribe) together with Value Added Tax thereon at the rate for the time being in force; (c) a contribution of £4.00 (or such other sum as the Master may from time to time by order prescribe) to the Contingency Fund; and (d) in the case of a notary to whom Rule 9 applies, evidence of indemnity insurance complying with the requirements of Rules 10 to 12 hereof.

3. On receipt of the documents referred to in the foregoing Rule, the Registrar shall, if he is satisfied that the name of the applicant is on the Roll of Notaries and that the requirements of these Rules have been met, enter upon a register kept by him for the purpose a note of the applicant's name and place of business, the date of issue of his solicitor's practising certificate and the date of its entry on the register; and shall return the certificate to the applicant after causing an indorsement to be made upon it in the form set out in the Schedule hereto or such other form as the Master may direct.

4. The date to be recorded as the date of entry for the purpose of the foregoing Rule shall be

(a) 1st November, in any case in which the documents referred to in Rule 2 are received at the Registry between 1st November and 31st December inclusive in that year; OR

(b) In any other case, the date on which such documents are received at the Registry.

The date so recorded shall be taken for all purposes as the date on which the solicitor's practising certificate was entered in the Court of Faculties. Issue of Notarial Practising Certificates

5. A person desiring to obtain a practising certificate as a public notary may apply for the same by delivering to the Registry, either by post or in person, a correctly completed and signed application in the form set out in the Schedule hereto, together with (a) a fee of £10.00 (or such other sum as the Master may from time to time by order prescribe) together with Value Added Tax thereon at the rate for the time being in force; (b) a contribution of £4.00 (or such other sum as he Master may from time to time by order prescribe) to the Contingency Fund; and (c) in the case of a notary to whom Rule 9 applies evidence of indemnity insurance complying with the require-ments of Rules 10 to 12 hereof.

6. On receipt of the documents referred to in the foregoing Rule, the Registrar shall, if he is satisfied that the name of the applicant is on the Roll of Notaries and that the requirements of these Rules have been met, issue to the applicant a Practising Certificate in the form set out in the Schedule hereto, or such other form as the Master may direct, and enter upon a register kept by him for the purpose a note of the applicant's name and place of business and the date of issue of the certificate.

7. The date to be recorded as the date of issue for the purpose of the foregoing Rule shall be

(a) 1st November, in any case in which the documents referred to in Rule 5 are received at the Registry between 1st October and 31st December inclusive in that year; OR

(b) in any other case, the date on which such documents are received at the Registry. The date so recorded shall be taken for all purposes as the date of issue of the notarial practising certificate.

8. All notarial practising certificates shall expire on the 31st October next following the date of issue.

Insurance Requirements

9. This Rule applies to any notary (a) who lodges a solicitor's practising certificate for entry but who is exempt under the Solicitors Indemnity Rules 1987 from holding solicitors' professional indemnity insurance provided by Solicitors Indemnity Fund Limited on the ground of a General or Specific Waiver granted by The Council of the Law Society OR (b) who lodges a solicitor's practising certificate for entry but to whom the Solicitors Indemnity Rules 1987 do not apply on the ground that he is engaged as a Solicitor in whole-time employment (other than private practice) and is not held out to the public as a principal; OR (c) who applies for the issue of a notarial practising certificate, unless he is a consultant or assistant solicitor with a firm of solicitors in private practice.

Provided that this Rule shall not apply to a solicitor holding a Specific Waiver of the Solicitors Indemnity Rules 1987 if the Master is satisfied that the circumstances in which the Specific Waiver was granted also justify a waiver of the requirement of insurance in practice as a notary.

10. An applicant to whom the foregoing Rule applies shall deliver to the Registry a current certificate of insurance against civil liability for professional negligence incurred by him in connection with his practice as a notary and a copy of the policy under which the insurance is provided. Such insurance shall provide cover, extending from the date on which the certificate of insurance is delivered to the Registry to the 31st October next following, in the sum of £100,000 (or such other sum as the Master of the Faculties may from time to time by order prescribe).

11. If the Registrar is of the opinion that by reason of the standing of the insurer, or by reason of the terms and conditions of the policy (including the circumstances in which liability of the insurer is excluded or modified), the cover provided is not adequate, he shall refer the application to the Master. In such a case the insurance shall be deemed not to comply with the requirements of

these rules unless and until the Master declares himself satisfied that the cover provided is adequate, having regard to the nature of the applicant's practice.

12. An applicant required to provide evidence of indemnity insurance may, as an alternative to delivering the certificate referred to in Rule 10, do so (a) by supplying such documentary proof as the Registrar may require that he is similarly covered under the terms of a policy issued to another notary and complying with the requirements of these Rules, by reason of being a partner or

employee of the policyholder; or (b) by delivering a current certificate of solicitors' professional indemnity insurance in his own name issued by Solicitors Indemnity Fund Limited .

13.(1) If the insurance cover of a notary public in force when his practising certificate was entered or issued (as the case may be) ceases, for any reason, before the normal expiry of the practising certificate, then the entry or the certificate (as the case may be) shall forthwith cease to have effect unless the Registrar is satisfied that alternative insurance cover complying with these Rules is already in force.

(2) In this Rule "insurance cover" means indemnity insurance and the insurance required by Rule 13A, and if the proviso to Rule 13A ceases to apply to a notary, his insurance cover shall be deemed to have ceased for the purposes of this Rule.

13A. An applicant shall (save as hereinafter provided) also deliver to the Registry a current certificate of insurance against financial loss suffered by a third party in consequence of any dishonest or fraudulent act or any omission by the applicant in connection with his practice as a Notary. Such insurance shall provide cover extending from the date on which the certificate of insurance was

submitted to the Registry to the 31st October next following or such date as may be agreed by the Registrar. Provided that this requirement shall not apply if the applicant is a solicitor and third parties suffering such financial loss in connection with the applicant's practice as a Notary would be eligible to apply for compensation under the Compensation Fund maintained by the Law Society pursuant to Section 36 of the Solicitors Act 1974 False Statements

14. The entry or issue of a practising certificate shall be void and of no effect if the holder was knowingly guilty of making any false material statement in, or in relation to, his application.

Interpretation and Revocation

15. In these Rules:

"The Registry" shall mean the Registry of the Court of Faculties of the Archbishop of Canterbury, and "The Registrar" shall be construed accordingly.

"The Contingency Fund" shall mean the fund established by Order of the Master dated the 30th day of September 1981.

"The Master" shall mean the Commissary or Master of the Faculties.

"The 1975 Rules" shall mean the Solicitors' Indemnity Rules 1975, made under the authority of the Solicitors Act 1974. [See r.5 Public Notaries (Practising

Certificates) Rules 1991]

16. That part of the Master's Order dated the 30th day of September 1981, relating to the issue and registration of Practising Certificates, which requires the Registrar to be satisfied as to professional indemnity insurance is hereby revoked.

SCHEDULE

FACULTY OFFICE

Form of Application for entry or Issue of a Practising Certificate

UNDER THE PUBLIC NOTARIES (PRACTISING CERTIFICATES) RULES 1982 and 1991

FULL NAME:

PRIVATE ADDRESS:

PRINCIPAL PLACE OF NOTARIAL BUSINESS

PROFESSIONAL OR FIRM NAME USED IN NOTARIAL BUSINESS (if different from full name given above):

BUSINESS TELEPHONE NUMBER:

DOCUMENT EXCHANGE NUMBER, if any:

DATE OF ISSUE OF NOTARIAL FACULTY (or of appointment as a Welsh District Notary):

DO YOU ALSO PRACTISE AS A SOLICITOR? Yes/No

IF SO: IS YOUR SOLICITOR'S PRACTICE:

as a sole principal?

in partnership with other solicitors? as a consultant?

as an employee in private practice? as an employee not in private practice?

DO YOU SHARE NOTARIAL INCOME WITH YOUR SOLICITOR PARTNERS WHO ARE NOT NOTARIES?

Yes/No

IF SO: State the partnership name of your Solicitors' Practice

Do the accounts of the practice enable notarial income to be distinguished from

other income?

IN ANY EVENT: IS YOUR NOTARIAL PRACTICE:

as a sole principal?

in partnership with other notaries?

as a consultant?

as an employee in private practice?

as an employee not in private practice? {l}

INDEMNITY INSURANCE

(delete as necessary)

Either

A I hold a current premium receipt issued by the Solicitors Indemnity Fund Limited, for professional indemnity insurance, on the strength of which my Solicitor's Practising Certificate was issued. I attach my Solicitors Practising Certificate or a certified copy thereof.

B I am employed as an assistant solicitor by, or engaged as a consultant to, a firm of solicitors in private practice covered by the professional indemnity fund of the Solicitors Indemnity Fund Limited. I attach my Solicitors Practising Certificate or a certified copy thereof.

C Although exempt from the requirements of the Solicitors' Indemnity Rules 1987 as amended, I hold a current certificate of insurance issued by the Solicitors Indemnity Fund Limited, which is attached to this application.

D I attach evidence of indemnity insurance complying with Rules 10 to 12 of the Public Notaries (Practising Certificate) Rules 1982, as amended

FIDELITY INSURANCE

(delete as necessary)

Either

a) I am covered by the Law Society's Compensation Fund or

b) I am not covered by the law Society's Compensation Fund but I hereby undertake not to hold clients' money at any time

c) I am not covered by the law Society's Compensation Fund. I do and will be holding clients' money. I attach evidence of Fidelity Insurance in compliance with Rule 13A of The Public Notaries' Certificate Rules 1982, as amended.

APPLICATION

(delete as necessary)

Either

I hereby apply for entry in the Court of Faculties of the attached Solicitor's Practising Certificate issued to me for the year ending 31st October 199

I hereby apply to the Court of Faculties for a Faculty Office Practising Certificate as a Public Notary for the year ending 31st October 199

APPLICANT'S SIGNATURE

DATE

DO NOT RETURN THIS FORM WITHOUT COMPLETING BOTH SIDES

THE COURT OF FACULTIES

THE ARCHBISHOP OF CANTERBURY

PRACTISING

CERTIFICATE

FOR THE YEAR 199 /9

Pursuant to the Public Notaries (Practising Certificates) Rules 1982 and 1991 is duly enrolled as a Notary Public for England and Wales and is entitled to

practise as such

Commencement Date: Termination

Date:

Registrar