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Notaries Rules & Regulations

These are the current Faculty Office Rules & Regulations for the Notarial profession in England & Wales.  The formatting may differ from the original Rules & Regulations. In any case of doubt, reference should be made to the hard copies held by the Faculty Office (available upon written request).

The Master of the Faculties is the approved regulator for the purposes of the Legal Services Act 2007 of the profession of Notaries Public in England & Wales. This jurisdiction regarding the Notarial Profession was confirmed and enhanced by the Courts and Legal Services Act of 1990 and the Legal Services Act 2007. Both confirmed the Master’s statutory powers to make Rules for the regulation of the profession.

You may also wish to read more about how the Faculty Office regulates Notaries, and what information we provide for practising Notaries.

 


The most important Rules & Regulations are:

 

Notaries Practice Rules 2014 As Amended) – matters relating to the practice of a Notary (such as Instructions, Undertakings, Conflicts of Interest, Duty to act impartially, Publicity, Fees, Record-keeping)

 

Notaries Inspections Regulations 2014 – the inspection of the records and practices of Notaries, on behalf of the Master of the Faculties

 

Notaries (Post-Admission) Rules 2009 – the requirement for a supervisor post-admission, and participation in Post-Admission Education activities

 

Notaries (Continuing Professional Education) Regulations 2010 – the requirement for all Notaries to participate in Continuing Professional Education activities (if not required to participate in Post-Admission Education)

 

Notaries (Conduct and Discipline) Rules 2015 (As Amended) – the processes for complaints against Notaries and the sanctions which may be imposed

 

Notaries (Practising Certificates) Rules 2012 – the requirement to practise only when holding a valid practising certificate, the application process for a practising certificate, and the duty to hold insurance

 

Notaries (Qualification) Rules 2017 – the process of qualification and admission

 


The Rules & Regulations currently in force, in chronological order:

 

1. Notarial Contingency Fund Rules 1981

 

2. Notaries (Notification of Address) Rules 1982

 

3. Notaries Accounts Rules 1989 (as amended)

3.1 Accountant’s Report Form and Check List

 

4. Notaries’ Accounts (Deposit Interest) Rules 1989

 

5. Notaries Trust Accounts Rules 1989

 

6. Notaries (Advisory Board) Rules 2008

 

7. Notaries (Prevention of Money Laundering) Rules 2008

7.1 Draft AML Guidance for the Legal Sector- September 2017

 

8. Notaries (Post-Admission) Rules 2009 (as amended)

 

9. Notaries Continuing Professional Education Regulations 2010

 

10. Notaries (Supervision Fees) Regulation 2010

 

11. Notaries (Practising Certificates) Rules 2012

 

12. Notaries Practice Rules 2014 (As Amended)

12.1 Statement of Professional Independence

12.2 Restrictive Covenants in Employment Contracts

12.3 Designation of County Archives for Storage of Notarial Records (Rule 25.1.3)

 

13. Notaries Inspections Regulations 2014

 

14. Notaries (Conduct and Discipline) Rules 2015 (As Amended)

14.1 Notaries (Conduct and Discipline) Fees and Costs Order 2015

14.2 The Master of the Faculties’ Guidance to Nominated Notaries

 

15. Notaries (Qualification) Rules 2017