![]() A notary acting outwith Scotland in a non-Scottish matter - Generally, a notary should not act.If Scottish notaries exercise the office of notary public in England and Wales in respect of documents to be used in England and Wales, they will be null and void: See Weston v Gribben and Foreign and Commonwealth Office EWCA Civil 425 Under the Public Notaries Act 1801 as amended, Section 1, “No Person in England shall be created to act as a public notary unless such person has been admitted as a notary in England and Wales”. This is both good practice to maintain good relations between notaries of different jurisdictions and to respect the law in the Public Notaries Act 1801 and the Legal Services Act 2007. For example, a Scottish notary in London should not act but defer to the local notaries. A notary acting outwith Scotland in a Scottish matter - Generally there will be no problem, but this will depend on the jurisdiction where the notary is situated.For example, the law of a foreign jurisdiction may dictate that only notaries qualified in that jurisdiction may act. A notary acting in Scotland in a non-Scottish matter - Generally there will be no problem, but this will depend on the foreign jurisdiction. ![]()
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