SCHEDULES

SCHEDULE 5Authorised persons

Part 2Rights during transitional period

Notaries public

I112

1

During the transitional period, every duly certificated notary is deemed to be authorised by the Master of the Faculties to carry on the activities in sub-paragraph (2).

2

Those activities are—

a

reserved instrument activities;

b

probate activities;

c

notarial activities;

d

the administration of oaths.

3

The authority conferred by sub-paragraph (1) is exercisable in accordance with and subject to the regulatory arrangements of the Master of the Faculties.

4

In this paragraph “duly certificated notary” means a notary who either—

a

has in force a practising certificate as a solicitor issued under the Solicitors Act 1974 (c. 47), and is duly entered in the Court of Faculties of the Archbishop of Canterbury in accordance with rules made by the Master of the Faculties, or

b

has in force a practising certificate as a public notary issued by the said Court of Faculties in accordance with rules so made.

I213

1

During the transitional period, a person (“P”) is an exempt person in relation to the carrying on of an activity (“the relevant activity”) which is a notarial activity if—

a

P carries on the relevant activity by virtue of an employee of P (“E”) carrying it on in E's capacity as such an employee, and

b

E is an authorised person in relation to the relevant activity.

2

If P is a body, in this paragraph references to an employee of P include references to a manager of P.