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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 2019 – 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 Supervision and Training) Rules 2019 – 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). A copy of the CPE record is available here: CPE Training Record

Notaries (Conduct and Discipline) Rules 2015 (As Amended in September 2019) – 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 HM Treasury Approved AML Guidance for the Legal Sector – March 2018

8. Notaries Continuing Professional Education Regulations 2010
8.1. CPE Training Record

9. Notaries (Practising Certificates) Rules 2012

10. Notaries Practice Rules 2014 (As Amended) superseded by 2019 rules see below.
10.1 Statement of Professional Independence
10.2 Restrictive Covenants in Employment Contracts
10.3 Designation of County Archives for Storage of Notarial Records (Rule 25.1.3)

11. Notaries Inspections Regulations 2014

12. Notaries (Conduct and Discipline) Rules 2015 (As Amended in September 2019)
12.1 Notaries (Conduct and Discipline) Fees and Costs Order 2015
12.2 The Master of the Faculties’ Guidance to Nominated Notaries

13. Notaries (Qualification) Rules 2017

14. Notaries (Post-Admission Supervision and Training) Rules 2019
14.1 Notaries (Supervision Fees) Order 2019
(14.2 The Notaries (Post-Admission) Rules 2009 (as amended) will continue to apply to all notaries who commenced their supervision prior to 1st June 2019)

15.  Notaries Practice Rules 2019