New Notaries (Conduct and Discipline) Rules 2026 now in force

Posted on 28 April 2026 |

The following rule changes came into effect from 28 April 2026, replacing the previous 2015 framework.

The new set of rules:

• split out the investigative and the prosecutorial function presently carried out by the Nominated Notary and allow non-notaries to discharge those functions

• bring in new administrative powers which could be used instead of or in addition to disciplinary sanctions imposed by the Disciplinary Court

• allow notaries to agree to penalties with a view to shortening the disciplinary procedure in appropriate cases

• make permanent the interim provision which allows evidence to be taken by simultaneous videoconference

• tidy up and harmonising rules around the respective roles of Registrar, investigator and prosecutor

• create a new “overriding objective” much as applies to the Solicitors Disciplinary Tribunal

We have also published new Guidance on Sanctions. This guidance sets out the factors which the Court of Faculties is likely to take into consideration when determining which sanction to apply and which sanctions might be relevant in particular cases. It is of general application as each case will be decided on its own facts but is designed to give some assistance to those who are responding to disciplinary allegations or who are involved in making complaints.

If you have a question about the new framework please contact: faculty.office@1thesanctuary.com.

For more detailed background please see our consultation page here.