Chief Clerk, Neil Turpin discusses the work of the Master of Faculty Office.
The Archbishop of Canterbury is a regulator of legal services?!
Well, no, not really – but there is a connection.
A brief bit of history
The Faculty Office of the Archbishop of Canterbury came into being on 24th June 1534 when King Henry VIII handed powers he had assumed from the Pope at the Reformation to the Archbishop of Canterbury, including the power to grant “all maner licences, dispensacions, faculties, composicions, delegacies, rescriptes, instrumentes or wrytynges as have byn accustomed to be had at the see of Rome”.
To achieve this a new court – the Court of Faculties of the Archbishop of Canterbury (now known as The Faculty Office) – was created, presided over by a Judge, to administer the Archbishop’s new jurisdiction or powers. The Judge was styled a “Comissarye” assisted by a “Clerke”. These powers included the issue of Special Marriage Licences and the appointment of Notaries Public which were, before the Reformation, functions carried out by the Pope or the Papal Legate (the Pope’s regional representative).
The “Commissarye” is now known as the Master of the Faculties and the “Clerke”, is the Registrar of the Faculty Office. The current Master – the 27th to hold that title since 1638 and only the second woman to hold the post – is Morag Ellis QC.
So, what is a Notary Public?
Notaries Public are the oldest branch of the legal profession, tracing their history as legal officers back to at least Ancient Rome. The functions of Notaries include the preparation and execution of legal documents for use abroad, attesting the authenticity of deeds and writings, and protesting bills of exchange. Notaries in England and Wales may also provide any non-contentious legal services, including conveyancing and the preparation of applications for probate papers.
Despite the notarial profession’s ancient origins there is still a need for the work of a Notary Public – described by some as “the most important profession you have never heard of” because of their importance in facilitating international trade and other cross-border legal matters. And the Master of the Faculties, still acting on behalf of, and appointed by, the Archbishop of Canterbury with the approval of HM The Queen and working through the modern Faculty Office, has been the person responsible for appointing and regulating Notaries for nearly 500 years.
When might I need a Notary?
Many individual consumers of legal services will never have cause to need a Notary and of those that do it is likely to be a once or twice in a lifetime occurrence. In our recent survey of consumers of notarial services, nearly 80% of respondents had used a notary fewer than 5 times and half of those had only used a notary once. Notarial services are very often bespoke and personal with some 91% of respondents to our survey meeting the notary in person.
Over 97.6% of consumers were pleased with the service provided by the notary they used with a similar percentage indicating they would recommend the notary to family, a friend or colleague.
The most common reasons why an individual might need to instruct a notary are:
- In connection with the sale or purchase of a property abroad
- To verify documents in relation to education or employment abroad
- To certify documents relating to court proceedings overseas
- To permit a child to travel overseas with a family friend or single parent
Where can I find out more?
For more information please see the Faculty Office website: Who we are – The Faculty Office
To find a notary near you search at: How do I find a Notary? – The Faculty Office
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