Schedule D - Regulatory & Professional Bodies
England and Wales
The regulator for the whole of England and Wales is the Master of the Court of Faculties www.facultyoffice.org.uk, pursuant to the Ecclesiastical Licences Act 1533. His role as front-line regulator is confirmed by the Legal Services Act 2007.
The master of the Court of Faculties has enacted Rules relating to:
- notarial practice (including compliance with anti-money laundering legislation)
- holding of client moneys
- requirements for indemnity and fidelity insurance
- continuing education
- the safe-keeping of records
- qualifications, training and examinations.
The Notaries Society
The Notaries Society www.thenotariessociety.org.uk is open to all notaries holding a faculty to practise in England and Wales, and Associate Membership to persons who have signified their intention to obtain the recognised post graduate diploma in Notarial Practice and to qualified Notaries Public practising outside England and Wales. There are at present 866 notaries holding a faculty and practising certificate entitling them to practise in England and Wales of these there are 28 Scrivener Notaries. The rest are General Notaries. Of these, 878 are at present members of The Notaries Society including Associate Members.
The Society of Scrivener Notaries/ The Worshipful Company of Scriveners
The Society of Scrivener Notaries of London www.scrivener-notaries.org.uk is the professional body representing the interests of Scrivener notaries. The Society administers the London fidelity insurance scheme and the issue of certificates of remuneration in cases of disputed fees under delegated authority from the Court of Faculties.
The Worshipful Company of Scriveners www.scriveners.org.uk, a City of London livery company of ancient foundation, prescribes the qualification standards for scrivener notaries and sets the relevant examinations.
The Law Society of Scotland www.lawscot.org.uk is the regulatory and professional body for all Scottish notaries public.
The Society maintains a master policy to indemnify clients and a compensation fund.
The Scottish Legal Complaints Commission has a statutory duty to investigate complaints against a solicitor/notary public (http://www.scottishlegalcomplaints.com/home.aspx)
The College of Notaries Northern Ireland.
Republic of Ireland
Notaries, on admission to practice, must become members of the Faculty corporation and, as such, subscribe to its Constitution (Memorandum and Articles), the Code of Practice for Notaries Public in Ireland (1987) and the Notaries Public Professional Practice Regulations, 2007.
The Professional Practice Regulations contain provisions for the investigation of complaints concerning notaries public, dispute resolution, sanctions for breaches of the professional practice code, the keeping of proper records and for continuing professional development.
Membership may be terminated on a number of grounds including having been found upon inquiry by the Professional Practice Committee (established under the Notaries Public Professional Practice Regulations), after due process, to have acted in gross disobedience of the professional practice regulations. A member who, being a solicitor, has his or her name removed from the Roll of Solicitors by order of a judge of competent jurisdiction may consequentially have his or her name removed from the Roll of Notaries Public and his or her membership terminated.
The Faculty corporation is managed by a Governing Council of eight elected members presided over by the Dean of the Faculty and reports to the members in general meeting. The day to day affairs of the Faculty are dealt with by the Registrar in consultation with the Dean and the Faculty Secretary.