- Latest available (Revised)
- Original (As enacted)
Courts and Legal Services Act 1990, Section 57 is up to date with all changes known to be in force on or before 16 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
(1)Public notaries shall no longer be appointed to practise only within particular districts in England, or particular districts in Wales.
(2)It shall no longer be necessary to serve a period of apprenticeship before being admitted as a public notary.
(3)Accordingly, the following enactments relating to public notaries shall cease to have effect—
(a)section 2 of the M1Public Notaries Act 1801 (which provides that no person shall be admitted as a public notary unless he has served as an apprentice for seven years);
(b)section 1 of the M2Public Notaries Act 1833 (which restricts the requirement to serve an apprenticeship to London and an area of ten miles from the Royal Exchange);
(c)section 2 of the Public Notaries Act 1833 (appointment of public notaries to practise within particular districts in England);
(d)section 3 of the M3Public Notaries Act 1843 (which reduced the period of apprenticeship to five years);
(e)section 37 of the M4Welsh Church Act 1914 (appointment of public notaries to practise within particular districts in Wales); and
(f)section 29 of the M5Administration of Justice Act 1969 (which reduced the period of apprenticeship for public notaries in London).
(4)The Master may by rules make provision—
(a)as to the educational and training qualifications which must be satisfied before a person may be granted a faculty to practise as a public notary;
(b)as to further training which public notaries are to be required to undergo;
(c)for regulating the practice, conduct and discipline of public notaries;
(d)supplementing the provision made by subsections (8) and (9);
(e)as to the keeping by public notaries of records and accounts;
(f)as to the handling by public notaries of clients’ money;
(g)as to the indemnification of public notaries against losses arising from claims in respect of civil liability incurred by them;
(h)as to compensation payable for losses suffered by persons in respect of dishonesty on the part of public notaries or their employees; and
(i)requiring the payment, in such circumstances as may be prescribed, of such reasonable fees as may be prescribed, including in particular fees for—
(i)the grant of a faculty;
(ii)the issue of a practising certificate by the Court of Faculties of the Archbishop of Canterbury; or
(iii)the entering in that court of a practising certificate issued under the M6Solicitors Act 1974.
(5)The repeal of section 2 of the Act of 1833 and section 37 of the Act of 1914 by this Act shall not affect any appointment made under either of those sections; but the Master may by rules make such provision as he considers necessary or expedient in consequence of either, or both, of those repeals.
(6)Rules made under subsection (5) may, in particular, provide for the grant by the Master of a new faculty for any person to whom the Notary Public (Welsh Districts) Rules 1924 applied immediately before the commencement of this section, in place of the faculty granted to him by the Clerk of the Crown in Chancery.
(7)Subsections (4) to (6) shall not be taken to prejudice—
(a)any other power of the Master to make rules; or
(b)any rules made by him under any such power.
(8)With effect from the operative date, any restriction placed on a qualifying district notary, in terms of the district within which he may practise as a public notary, shall cease to apply.
(9)In this section—
“Master” means the Master of the Faculties;
“the operative date” means the date on which subsection (1) comes into force or, if on that date the notary concerned is not a qualifying district notary (having held his faculty for less than five years)—
the date on which he becomes a qualifying district notary; or
such earlier date, after the commencement of subsection (1), as the Master may by rules prescribe for the purpose of this subsection;
“prescribed” means prescribed by rules made under this section; and
“qualifying district notary” means a person who—
holds a faculty as a notary appointed under section 2 of the Act of 1833 or section 37 of the Act of 1914; and
has held it for a continuous period of at least five years.
(10)Section 5 of the M7Ecclesiastical Licences Act 1533 (which amongst other things now has the effect of requiring faculties to be registered by the Clerk of the Crown in Chancery) shall not apply in relation to any faculty granted to a public notary.
F1(11). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1S. 57(11) repealed (1.11.1999) by 1999 c.22, s. 106, Sch. 15 Pt. II (with Sch. 14 paras. 7(2), 36(9)); S.I. 1999/2657, art. 3(b), Sch. 2 Pt. II para. 3(a)
Commencement Information
I1S. 57 wholly in force at 1.7.1991 see s. 124(3) and S.I. 1991/1364, art. 2, Sch.
Marginal Citations
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: