Notary Public
Following the Law agents (Scotland) Amendment act 1896, which provided that thereafter only enrolled Law agents could become notaries, and the Conveyancing (Scotland) act 1924, which extended notarial execution to Law agents and others, the importance of notaries declined until recently.
Today the responsibility for admission and registration of notaries lies with the Council of the Law Society of Scotland under the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990. Petitions to the Court of session for admission as a solicitor normally include an application for admission as a notary public. Prior to 1 November 2007 any solicitor on the Roll of solicitors had the right to act as a notary. With effect from 1 November 2007 only Solicitors holding a current Practising Certificate issued by the Law Society of Scotland have the right to act as a notary. See Legal Profession and Legal Aid (Scotland) Act 2007 (asp 5) Section 62. Accordingly most but not all solicitors are notaries public.
The Law Society of Scotland is a member of the United Kingdom Notarial Forum.
Current Notarial Functions
Oaths Affidavits and Affirmations.
The Solicitors (Scotland) act 1980 provides that these may be signed before a notary public. Such deeds should not relate to any matter in respect of the preservation of the peace, prosecutions, trial or punishment of an offense, or any proceedings before either house of Parliament or any committee thereof.
Affidavits under the Matrimonial Homes (Family Protection) (Scotland) Act 1981.
This role is changed by the Civil Partnerships Act 2004 and the Family Law (Scotland) Act 2006
Protests in maritime matters.
Protests for example against poor wind and weather conditions by a sea captain on arrival in port are signed before a notary public.
Foreign documents.
Documents for use in foreign jurisdictions often require execution before a notary. Care should be taken to ensure that you have your authority registered with the Foreign and Commonwealth Office before executing such documents.
Notarial execution.
Signature on behalf of persons who are blind or unable to write. See the Requirements of Writing (Scotland) Act 1995.
Miscellaneous
Other functions include notarising entry of a person to overseas territories, notarising documents in connection with formation of overseas companies and drawing for repayment of bonds of debenture.
