Commentary on Sections Part 3 – Legal Profession: Other Matters Section 62: Notaries public to be practising solicitors
162.Section 62 amends section 57 of the 1980 Act to provide that only an enrolled solicitor who holds a practising certificate may apply to the Court of Session to be admitted as a notary public. Sections 57(2A) and (2B) (of the 1980 Act) provide a limited exception to this, in that they permit a person who is applying for admission as a solicitor, and who will therefore not yet be enrolled or have a practising certificate, to include in that petition an application for admission as a notary public. Section 62(3) amends section 58 of the 1980 Act to provide that where a person who is a solicitor and notary no longer has a current practising certificate, the Council is to remove the person’s name from the register of notaries public. The person’s name must be restored to that register on acquisition of a current practising certificate.