Glossary
Definitions of terms can be found in the glossary below or by reference to the Legal Choices Dictionary.
Defined term | Definition |
Accounts (Deposit Interest) Rules | The Notaries’ Accounts (Deposit Interest) Rules 1989as amended by the Notaries (Access to Justice Act) (Consequential Provisions) Rules 1999. |
Accounts Rules | The Notaries Accounts Rules 1989 as amended by an Order of the Master of the Faculties dated the 21st day of February 2012. |
Accredited activities | In the CPE Regulations accredited activities are those activities that have been accredited by the Master of the Faculties as providing active and relevant learning objectives in the basic requirement in notarial practice, conveyancing, or probate. |
Administration of oaths | The exercise of the powers conferred on a Commissioner for Oaths by — (a) the Commissioners for Oaths Act 1889 (c. 10); (b) the Commissioners for Oaths Act 1891 (c. 50); (c) section 24 of the Stamp Duties Management Act 1891 (c. 38) [Paragraph 8 of Schedule 2 to the Legal Services Act 2007 (c. 29)], but “Administration of oaths” does not include the administration of oaths other than for the purposes included in the statutory definition quoted here; the administration of an oath by a notary for the purpose of the preparation of a notarial act is a notarial activity. |
Anti-money-laundering and anti-terrorism legislation | The Terrorism Act 2000 (c. 11), the Proceeds of Crime Act 2002 (c. 29) and the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 (S.I. 2017/692). |
Appointed representative | A firm or person who runs regulated activities and acts as an agent for a firm directly authorised by the Financial Conduct Authority, as referred to in Practice Rule 20.1, and defined by the Financial Services and Markets Act 2000 (c. 8). |
Authorised Person | In relation to a Reserved Legal Activity, “Authorised Person” means a person who is authorised to carry on an activity by a Regulator [Section 18 of the Legal Services Act 2007 (c. 29)]. |
Bank | The branch, situated in England or Wales, of a Bank as defined by Section 87(1) of the Solicitors Act 1974 (c. 47), as amended by paragraph 9 of Schedule 6 to the Banking Act 1979 (c. 37) [Accounts Rule 2.1]. |
Bribery | As defined in Section 1 of the Bribery Act 2010 (c. 23), and includes promising or giving a financial or other advantage to another person with the intention of inducing the improper performance of a function or activity, or to reward a person for the improper performance of a function or activity, and accepting an offer or promise of this nature as an inducement to perform a function or activity improperly or as a reward for the improper performance of a function or activity. |
Building Society | The branch, situated in England or Wales, of a building society as defined by paragraph 11(5) of Schedule 18 to the Building Societies Act 1986 [Accounts Rule 2.1]. |
Business client | A client that is a company or other business entity. |
Client (Chapter 9 – Accounts) | Any person on whose account a notary holds or receives client’s money [Accounts Rule 2.1]. |
Client (general definition excluding Chapter 9 – Accounts) | “Client” includes any person who has instructed a notary or on whose behalf instructions have been given to carry out a reserved legal activity or other legal activity in respect of which the notary will charge a fee [Practice Rule 2.1]. |
Client account | A current or deposit account at a bank or deposit account with a building society in the name of the notary and in the title of which account the word “client” appears [Accounts Rule 2.1 and Trust Accounts Rule 2.1]. |
Client’s Money | Money held or received by a notary on account of a person for whom he is acting in relation to the holding or receipt of such money either as a notary or, in connection with his practice as a notary, as agent, bailee, stakeholder or in any other capacity; provided that the expression “client’s money” shall not include – (a) money held or received on account of the trustees of a trust of which the notary is a notary-trustee; or (b) money to which the only person entitled is the notary himself or, in the case of a firm of notaries, one or more of the partners in the notaries firm [Accounts Rule 2.1]. |
Commissioner for Oaths | Relevant Authorised Persons under the Legal Services Act 2007 (c. 29), which includes notaries, have the right to use the title “Commissioner for Oaths” and to provide the service of Administration of Oaths in England and Wales [Section 183 of the Legal Services Act 2007 (c. 29)]. |
Conduct and Discipline Rules | The Notaries (Conduct and Discipline) Rules 2015 (as amended). |
Conduct of litigation | The issuing of proceedings before any court in England and Wales, the commencement, prosecution and defence of such proceedings, and the performance of any ancillary functions in relation to such proceedings (such as entering appearances to actions) [Paragraph 4 of Schedule 2 to the Legal Services Act 2007 (c. 29)]. |
Consumer or Consumer Client | An individual acting for purposes which are wholly or mainly outside that individual’s trade, business, craft or profession [Regulation 4 of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (S.I. 2013/3134) and section 2(3) of the Consumer Rights Act 2015 (c. 15)]. |
Consumer Rights legislation | Includes the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013(S.I. 2013/3134) and the Consumer Rights Act 2015 (c. 15). |
Contingency Fund | The fund maintained and administered by the Master of the Faculties and the Registrar referred to in the Notarial Contingency Fund Rules 1981 as amended by the Notarial Contingency Fund (Amendment) Rules 1993. |
Continuing Education Course | A full day’s course of professional post-admission education meeting the requirements of Post-Admission Rule 10. |
Continuing Professional Education period | 1st November to 31st October in the following calendar year [CPE Regulation 2]. |
Conveyancing | Conveyancing is defined in CPE Regulation 2 with the same meaning as Reserved Instrument Activities. |
CPE credit point | One CPE credit point equates to one hour of continuing professional education [CPE Regulation 8.1]. |
CPE Regulations | The Notaries (Continuing Professional Education) Regulations 2021. |
CPE Training Record | A record of a notary’s continuing profession education activities in the form provided in Schedule 2 to the CPE Regulations. |
Customer Due Diligence | The measures described in Regulation 28 of the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017. |
Data controller | The natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law [article 4.7 of the GDPR], which includes notaries providing services to the public. |
Data protection principles | The principles set out in Part 1 of Chapter 2 of the Data Protection Act 2018 (c. 29). |
Data subject | An identified or identifiable natural person [article 4.1 of the GDPR]. |
Designated Society | The Notaries Society and the Scriveners Company, and such other bodies as the Master of the Faculties may from time to time designate for the purposes of the Conduct and Discipline Rules for dealing with complaints relating to the services provided or charges made by a notary who is a member of that Society. |
Ecclesiastical notary | Any person appointed as registrar of either of the provinces of Canterbury or York, as registrar to the Archbishop of Wales, as legal adviser to the General Synod to the Church of England, as legal secretary to the Governing Body of the Church in Wales, as registrar of any diocese in England or Wales, as an officer of the ecclesiastical court in Jersey or Guernsey, or as the deputy to any such officer, may apply for admission as a notary public for ecclesiastical purposes only, upon satisfying the Master of the fact of such an appointment [Qualification Rule 4]. |
Employed notary | A notary who provides notarial services to the public as part or the whole of his or her employment, whether employed by a notary or notarial firm or a non-notary, except in the context of Practice Rule 11.1 where a special definition applies for that purpose. |
Employer notary | A notary who employs one or more notaries for the provision of notarial services to the public. |
Equality legislation | Includes the Equality Act 2010 (c. 15). |
Faculty | A faculty issued in the name of the Lord Archbishop of Canterbury and under the seal of the Court of Faculties by authority granted in the Ecclesiastical Licences Act 1533 (c. 21) appointing a person to the office of notary. |
Faculty Office | The Court of Faculties of the Lord Archbishop of Canterbury [Trust Accounts Rule 2.1]. |
Fidelity insurance | Insurance against financial loss suffered by a third party in consequence of any dishonest or fraudulent act or any omission by a notary in connection with his or her practice as a notary [Practising Certificate Rule 6.1.2]. |
GDPR | Regulation (EU) 2016/679 of the European Parliament and of the Council of 27th April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation). |
Information Commissioner’s Office | The UK’s independent body set up to uphold information rights. |
Inspection questionnaire | The questionnaire approved by the Master of the Faculties as the basis for an inspection of a notary’s practice under the Inspections Regulations. |
Inspections Regulations | The Notaries (Inspections) Regulations 2014. |
Inspector | An inspector appointed by the Master of the Faculties to inspect a notary’s practice under the Inspections Regulations. |
Legal activity | A Reserved Legal Activity and any other activity which consists of one or both of the following — (i) the provision of legal advice or assistance in connection with the application of the law or with any form of resolution of legal disputes; (ii) the provision of representation in connection with any matter concerning the application of the law or any form of resolution of legal disputes [Section 12(3) of the Legal Services Act 2007 (c. 29)]. |
Legal Ombudsman | The ombudsman appointed by the Office for Legal Complaints established pursuant to Section 114 and Section 115 of the Legal Services Act 2007 (c. 29) to deal with complaints about authorised persons including legal practitioners and others, authorised in England and Wales. |
Legal Ombudsman Order | An order made by the Legal Ombudsman to deal with a complaint that is found to be justified, which may require the service provider to apologise, give back any documents that might be needed, put things right, if more work can correct what went wrong, refund or reduce the legal fees, or pay compensation if someone has lost out or been badly treated. |
Legal Ombudsman Scheme Rules | The scheme rules made by the Legal Ombudsmanabout complaints made from 6 October 2010 (version including amendments that apply to complaints referred to the Legal Ombudsman from 28 January 2015) about authorised persons including legal practitioners and others, authorised in England and Wales, explaining which complaints are covered by the Legal Ombudsman and how it will deal with them. |
Legal Services Act | The Legal Services Act 2007 (c. 29). |
Limitation period | The maximum period of time during which a claim can be brought in relation to a particular matter, as provided for in the Limitation Act 1980 (c. 58). |
Locum tenens | A notary engaged by another notary to provide notarial services on a temporary basis, but not an employed notary. |
Master of the Faculties | The overall head of the Faculty Office and the Regulator of notarial activities in England & Wales under the Legal Services Act. |
Master’s Rules | All the rules and regulations made by the Master of the Faculties pursuant to Section 4 of the Public Notaries Act 1843 (c.90), Section 57 of the Courts and Legal Services Act 1990 (c. 41) and/or all other relevant legislation. The Master’s Rules are listed on the Faculty Office website here. |
Money Laundering Regulations | The Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017(S.I. 2017/692). |
Money Laundering Reporting Officer | Referred to in the Official AML Guidance as the “Nominated Officer”, the Money Laundering Reporting Officer in a Notarial Firm is the notary to whom anyone in the practice handling relevant business who knows or suspects, or has reasonable grounds to suspect, that a transaction involved money laundering must report. A sole practitioner notary does not appoint a Money Laundering Reporting Officer but must report knowledge, suspicion or reasonable grounds for suspicion of money laundering to the National Crime Agency [Official AML Guidance section 3.5]. |
National Crime Agency | A non-ministerial government department formed under Part 1 of the Crime and Courts Act 2013 (c. 22) with functions including securing that efficient and effective activities to combat organised crime and serious crime are carried out and gathering, storing, processing, analysing, and disseminating information that is relevant to activities to combat organised crime or serious crime. |
Non-accredited activities | In the CPE Regulations non-accredited activities are those activities that are listed in Schedule 1 to the CPE Regulations and in respect of which CPE credit points may be claimed to supplement the three accredited CPE credit points that must be acquired during each Continuing Professional Education period as a minimum. |
Notarial act | Any act that has validity by virtue only of its preparation, performance, authentication, attestation or verification by a notary and includes any such act carried out by electronic means [Practice Rule 2.1]. |
Notarial activities | Activities which, immediately before the implementation of the Legal Services Act 2007 (c. 29), were customarily carried on by virtue of enrolment as a notary in accordance with Section 1 of the Public Notaries Act 1801 (c. 79), but excluding reserved instrument activities, probate activities and the administration of oaths [paragraph 7 of Schedule 2 to the Legal Services Act 2007 (c. 29)]. |
Notarial entity | A body corporate or partnership established for the provision of notarial services, but not including a sole practitioner notary. |
Notarial firm | Unless the context clearly indicates otherwise, “notarial firm” includes a sole practitioner notary and a professional partnership (including a limited liability partnership and any other body corporate) the members of which are authorised to provide legal services. |
Notarial misconduct | (1) Fraudulent conduct, (2) Practising as a notary without a valid Notarial Practising Certificate or in breach of a condition or limitation imposed on a Notarial Practising Certificate, or (3) serious misconduct which may inter alia include failure to observe the requirements of the Conduct and Discipline Rules or of the Notaries Practice Rules or falling seriously below the standard of service reasonably to be expected of a notary or persistent failure to provide the standard of service reasonably to be expected by a notary, or (4) conduct unbecoming of the office of notary which may inter aliainclude being convicted of a criminal offence (other than a minor Road Traffic Offence) [Conduct and Discipline Rule 2.1]. |
Notarial services | Services provided by a notary to the public in that capacity (see also the definition of a notary’s practice). |
Notaries Guarantee | THE NOTARIES’ GUARANTEE LIMITED, a company limited by guarantee (company number 2810402) providing Fidelity Insurance cover for members of The Notaries Society who apply for members and whose application is approved by the directors of Notaries Guarantee. |
Notaries Society | The representative body for notaries who are members of the society. |
Notary-conveyancer | A notary who provides conveyancing services as a notary and subject to the regulation of the Master of the Faculties. |
Notary-probate practitioner | A notary who provides probate services as a notary and subject to the regulation of the Master of the Faculties. |
Notary-trustee | A notary who is a sole trustee or co-trustee only with one or more of his partners or employees [Accounts Rule 2.1]. |
Notary’s practice | Includes the preparation and performance of notarial acts and any other service undertaken as a notary whether or not such service may only be undertaken by a notary [Practice Rule 2.2.1]. |
Oath of a Notary | The oath required by Section 7 of the Public Notaries Act 1843 (c. 90) before a person may be admitted and enrolled as a notary. |
Official AML Guidance | The anti-money laundering/counter-terrorism financing guidance for the legal professions as may from time to time be approved by the Treasury under Section 330and Section 331 of the Proceeds of Crime Act 2002 (c. 29), Section 21A of the Terrorism Act 2000 (c. 11), and Regulation 42 and Regulation 45 of the Money Laundering Regulations 2007 (S.I. 2007/2157) [Prevention of Money Laundering Rule 2]. |
Official Secrets Act | The Official Secrets Act 1989 (c.6) |
Ombudsman | A person who has been officially appointed to look into complaints about an organisation. |
Personal data | Any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person [Article 4.1 of the GDPR]. |
Personal data relating to criminal convictions and offences or related security measures | Include personal data relating to—(a) the alleged commission of offences by the data subject, or(b) proceedings for an offence committed or alleged to have been committed by the data subject or the disposal of such proceedings, including sentencing [section 11(2) of the Data Protection Act 2018] |
Post-Admission Rules | The Notaries (Post-Admission Supervision and Training) Rules 2019. |
Practice Rules | The Notaries Practice Rules 2019. |
Practising certificate | A practising certificate issued pursuant to the Notaries (Practising Certificates) Rules 2012, without which a notary may not provide services to the public [Practising Certificate Rule 3.1]. |
Practising Certificate Rules | The Notaries (Practising Certificate) Rules 2012. |
practising certificate year | 1st November to 31st October |
Prevention of Money Laundering Rules | The Notaries (Prevention of Money Laundering) Rules 2008. |
Principles | The general principles set out in Practice Rule 4 [Practice Rule 2.1]. |
Private client | An individual requesting notarial services in a private capacity. |
Privilege | Also referred to as “legal professional privilege”, privilege is a principle that certain documents and information provided to lawyers by clients may not be disclosed. |
Probate activities | Preparing any papers on which to found or oppose a grant of probate, or a grant of letters of administration for the purposes of the law of England and Wales or in relation to any proceedings in England and Wales [paragraph 6 of Schedule 2 to the Legal Services Act 2007 (c. 29)]. |
Proceeds of Crime Act | The Proceeds of Crime Act 2002 (c. 29). |
Professional indemnity insurance | Insurance against civil liability for professional negligence [Practising Certificate Rule 6.1.1]. |
Protected characteristic | Age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation [Section 4 of the Equality Act 2010 (c. 15)]. |
Provision of services legislation | Includes the Provision of Services Regulations 2009 (S.I. 2009/2999). |
Qualified legal practitioner | “Qualified legal practitioner” means (i) a person qualified to provide legal services to the public in England and Wales; or (ii) a person qualified to provide legal services to the public under the laws of any other jurisdiction who practises as such in England and Wales [Practice Rule 2.1]. |
Receiving jurisdiction | The country or administrative subdivision of a country with a distinct legal system in which a notarial act is to be used. |
Registrar | The Registrar of the Court of Faculties, or one of the Joint Registrars. |
Regulator | An approved regulator under the Legal Services Act 2007 (c. 29). |
Reserved instrument activities | Preparing any instrument of transfer or charge for the purposes of the Land Registration Act 2002 (c. 9), making an application or lodging a document for registration under that Act, and preparing any other instrument relating to real or personal estate for the purposes of the law of England and Wales or instrument relating to court proceedings in England and Wales [paragraph 5.1 of Schedule 2 to the Legal Services Act 2007 (c. 29)]. |
Reserved legal activities | The exercise of a right of audience, the conduct of litigation, reserved instrument activities, probate activities, notarial activities, and the administration of oaths. [Section 12.1 of the Legal Services Act 2007 (c. 29)]. |
Rights of audience | The right to appear before and address a court, including the right to call and examine witnesses [paragraph 3.1 of Schedule 2 to the Legal Services Act 2007 (c. 29)]. |
Scrivener Notary | A notary who holds the qualifications to practise as a Scrivener Notary from time to time prescribed by the Scriveners Company [Practice Rule 15]. |
Scriveners Company | The Worshipful Company of Scriveners, or the Incorporated Company of Scriveners, or the Scriveners Company. |
Special categories of data | Personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person’s sex life or sexual orientation [Article 9.1 of the GDPR]. |
Specified Profession | As defined in Rule 24 and the Schedule to the Notaries (Conduct and Discipline) Rules 2015. |
Service provider | A person who provides, or offers to provide, a service [Regulation 4 of the Provision of Services Regulations 2009 (S.I. 2009/2999)]. |
Services contract | A contract for a trader to supply a service to a consumer [Section 40 of the Consumer Rights Act 2015 (c. 15)]. |
Signposting notice | A letter or wording incorporated into another document informing customers how to complain, in order to meet the requirements under Section 112 of the Legal Services Act 2007 (c. 29) and Chapter 3.2 of the Legal Ombudsman Scheme Rules. |
Society or Societies | The Notaries Society and the Society of Scrivener Notaries. |
Society of Scrivener Notaries | The representative body for scrivener notarieswho are members of the society. |
Sole practitioner notary | A notary who does not practise in partnership with other notaries or within a notarial firm. |
Solicitor-notary | A notary who also practises as a solicitor. |
Solicitors Regulation Authority (SRA) | The independent regulatory body created by the Law Society, regulating solicitors of England and Wales, law firms of England and Wales, non-lawyers, who can be either managers or employees of firms regulated by the SRA, and other types of lawyer, such as registered foreign lawyers and registered European lawyers. |
Staff | Persons employed by a notary or a notarial firm on a full-time or part-time basis to assist the notary or the firm in the provision of notarial services. |
Supervision | Under the Post-Admission Rules, the supervision of a notary during the first two years of notarial practice, or in appropriate cases the first three years of providing conveyancing or probate services. |
Supervisor | A supervisor supervising the practice of a notary pursuant to rule 4 of the Post-Admission Rules. |
Suspicious Activity Report | A report alerting law enforcement agencies that certain client activity is in some way suspicious and might indicate money laundering or terrorist financing. |
Terrorism Act | The Terrorism Act 2000 (c. 11). |
Tipping off | A disclosure that is likely to prejudice a money laundering or terrorism investigation, for example, informing an individual of a disclosure made to the National Crime Agency. Defined in full by Section 21D of the Terrorism Act 2000 (c. 11) and Section 333 of the Proceeds of Crime Act 2002 (c. 29). |
Trader | A person acting for purposes relating to that person’s trade, business, craft or profession, whether acting personally or through another person acting in the trader’s name or on the trader’s behalf [Regulation 4 of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (S.I. 2009/2999) and Section 2.2 of the Consumer Rights Act 2015 (c. 15)], which includes a notary providing notarial services to the public. |
Trust account | A current or deposit account kept at a bank or deposit account kept with a building society in the title of which the word “trustee” or “executor” appears or which is otherwise clearly designated as a trust account, and kept solely for money subject to a particular trust of which the notary is a notary-trustee [Trust Accounts Rule 2.1]. |
Trust Accounts Rules | The Notaries Trust Accounts Rules 1989. |
Trust money | Money held or received by a notary which is not client’s money and which is subject to a trust of which the notary is a trustee whether or not he is a notary-trustee of such trust [Accounts Rule 2.1]. |
Undertaking | A statement, given orally or in writing, whether or not it includes the word “undertake” or “undertaking”, made by or on behalf of a notary or a notarial firm, in the course of practice, or by a notary outside the course of practice but as a notary, to someone who reasonably places reliance on it, that a notary or notarial firm will do something or cause something to be done, or refrain from doing something. |