Governance Manual

3. Roles and responsibilities

3.1 The Master of the Faculties

The Master is the judicial officer holder in charge of the Faculty Office.

The role of the Master can be traced back to the Ecclesiastical Licences Act 1533 but now the Master mainly derives their authority (as regards notaries) from the Public Notaries Acts 1801 and 1843, the Courts & Legal Services Act 1990 and the Legal Services Act 2007.

There are two important features which distinguish the regulation of notaries by the Master.

The Master and the Faculty Office are entirely separate from the Notaries Society and the Society of Scrivener Notaries, who are the two societies which represent general notaries and scrivener notaries respectively. Practice fees to register and remain as a notary are collected by the Faculty Office and solely fund regulation of notaries. Unlike the fee arrangements for solicitors and barristers, there is no cross subsidy between regulation and representation.

All powers are vested in the Master personally and not in an organisation such as the Bar Council (as for barristers).

The Master is a senior judge, experienced in acting fairly and dispassionately. The Master is not a notary. Rules and regulations are issued in the name of the Master.

The Master holds regular meetings with the staff of the Faculty Office.

 

3.2 The Registrar of the Faculty Office and senior staff

3.2.1 The Registrar of the Court of Faculties is the legal official responsible for the operation and management of the Faculty Office. The Registrar:

  • sets policy in concert with the Master and implements it
  • engages with partner bodies, governmental institutions and the notarial societies
  • is the registrar of the Master’s Qualifications and Advisory Boards
  • oversees disciplinary proceedings against notaries accused of misconduct
  • oversees the staff of the Faculty Office in conjunction with the Deputy Registrar and Chief Clerk

3.2.2 The Deputy Registrar of the Faculty Office assists the Registrar and deputises for the Registrar in all roles.

The Deputy Registrar is also involved in the formulation of policy and new procedures and the writing of new rules and policies.

3.2.3 The Chief Clerk of the Faculty Office manages the day to day operational capacity of the Faculty Office. The Chief Clerk:

  • engages with partner bodies, governmental institutions and the notarial societies
  • participates in the formulation of policy and in its implementation
  • is the key contact for anti-money laundering enquiries, notarial misconduct and other sensitive matters
  • oversees the day to day correspondence and activity of the Faculty Office clerks
  • facilitates the qualification, admission and practice of notaries under the rules
  • organises the disciplinary arrangements for notaries accused of misconduct
  • provides the specialised knowledge and expertise in the operation and development of the regulatory and non-notarial legal work of the Faculty Office

3.2.4 The Deputy Chief Clerk’s responsibilities include:

  • the regulation and administration of the notarial profession with a particular focus on risk and compliance within the regulatory framework of the Faculty Office in furtherance of the Legal Services Act 2007 and best regulatory practice, including relations with the Legal Services Board, the Legal Ombudsman, the Ministry of Justice and other regulatory bodies
  • the supervision of the notarial profession in relation to the Money Laundering and Terrorist Financing Regulations 2017, including relations with the Office for Professional Body Anti-Money Laundering Supervision, HM Treasury and HM Revenue and Customs

The Deputy Chief Clerk also fulfils the role of risk, compliance and investigations officer.

 

3.3 The Boards and committees

The Master will also approve terms of reference for the four boards and committees, appoints members and receives, reviews and acts upon recommendations of the boards and committees.

The Faculty Office has four established boards and committees, with terms of reference (or Rules where applicable) available via links in appendices:

  • The Master’s Council
  • The Master’s Audit Committee
  • The Advisory Board
  • The Qualifications Board

3.3.1 The Master’s Council

The Master’s Council brings together the work of the other three boards and committees, along with the work of the Faculty Office’s executive team, giving the Master a comprehensive overview of the Faculty Office, its work and the professional, regulatory and professional landscape in which it works.

Terms of reference for the Master’s Council are available via links in appendices.

3.3.2 The Master’s Audit Committee

The Master’s Audit Committee has been established by the Master to provide advice to the Master on the finances, financial control and financial liabilities of the Faculty Office.

All of the operations of the Faculty Office are included, and oversight is not limited to only notarial activities.

Terms of reference for the Master’s Audit Committee are available via links in appendices.

3.3.3 The Advisory Board

The key roles of the Advisory Board are 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 by the Master or the Registrar, by or on behalf of a body representing notaries in practice in England or Wales, or 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
  • 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 another rule

A full description of the role of the Advisory Board is set out in the Notaries (Advisory Board) Rules 2008, available via links in appendices.

3.3.4 The Qualifications Board

The role of the Qualifications Board is to consider:

  • Whether a degree or other qualification course should be approved by the Master for those qualifying as a notary
  • The standard of the qualifications of any person applying for admission as a notary under the rules
  • The qualifications and experience of persons applying for recognition that they are eligible for admission as a notary having been admitted or qualified as a notary in another jurisdiction

A full description of the role of the Qualifications Board is set out in the Notaries (Qualification) Rules 2007, available via links in appendices.

 

3.4 Chairs

The chairs of the various boards and committees are selected as follows:

  • The Master’s Council – chair is the Master
  • The Master’s Audit Committee – chair is normally the lay chair of the Advisory Board
  • The Advisory Board – chair is appointed by the Master, but must be a lay person
  • The Qualifications Board – chair is appointed by the Master

In relation to the appointment of the chairs of the Advisory Board and the Qualifications Board from 1 January 2022 a robust and open recruitment process, updated in late 2021, is in place.

Role descriptions for:

  • Chair of the Master’s Audit Committee
  • Chair of the Advisory Board
  • Chair of the Qualifications Board
  • A member of any committee or board

are available via links in appendices.

 

3.5 Terms of reference

Terms of reference (or Rules, in the case of the Advisory Board and the Qualifications Board) for each board or committee are available via links in appendices.

 

3.6 Overall schedule of meetings

The table below indicates the normal schedule of meetings of the four boards and committees across a year.

The schedule for 2022 is under review, and may change from this pattern. The Master’s Audit Committee will move to three meetings per year in 2022.

 

Month Board or committee
January •      The Qualifications Board
February •      The Master’s Council
March •      The Advisory Board

•      The Qualifications Board

April
May •      The Master’s Council

•      The Master’s Audit Committee

•      The Qualifications Board

June •      The Advisory Board
July •      The Qualifications Board
August •      The Master’s Council
September •      The Advisory Board
October
November •      The Master’s Council

•      The Master’s Audit Committee

•      The Qualifications Board

December •      The Advisory Board