Procedures to complain about the work of a Jersey Notary
To complain about the work of a Notary, you should first ascertain that the individual was providing you with legal services in the capacity of a Notary (and not as a Solicitor or other legal professional).
To complain about the work of a Solicitor or Advocate, you should contact the Jersey Law Society.
If you wish to make a formal complaint about the service, you have received from a Notary you should first endeavour to raise the issue with the Notary directly. If this does not resolve the matter you should follow the complaints procedures as set out on this page.
Client Guide to Complaints and Discipline: The Faculty Office has published a simple guide to the complaints and discipline system which is used in the relatively small number of complaints which it receives about the conduct of the notaries which it regulates. The guide can be read here: Jersey Client Guide to Complaints and Discipline
STEP 1 - First Tier Complaints Procedure
Contact the Secretary of the Jersey Notaries Society (notarysryan@gmail.com) for the 1st-stage complaints procedure.
The Jersey Notaries Society (JNS) will be able to inform you if a Notary is a member.
If the Notary is not a member of either of the membership bodies, the Faculty Office will handle the matter directly, and will refer the complaint to be considered by one of a panel of independent Notaries.
The 1st-stage procedure is free to use and is designed to provide a quick resolution to any dispute.
You should write (but not enclosing any original documents) with full details of your complaint to the secretary of the JNS (or, if applicable, to The Faculty Office). If you have any difficulty making a complaint in writing, please do not hesitate to call the relevant Society or The Faculty Office for assistance.
STEP 2 - Formal Investigation
If a complaint is made against a Notary and is not resolved under the 1st-stage procedure, the matter is then referred by the Registrar of the Faculty Office to an experienced independent Notary (a ‘Nominated Notary’) for investigation: see the Master of the Faculties Jersey Guidance to Nominated Notaries for further information.
Whilst the matter is being investigated or proceedings are in progress the Registrar may issue an Interim Order to suspend the Notary from practice or limit the Notary’s practice if it is required for the protection of the public.
STEP 3 - Disciplinary Proceedings in Court of Faculties
If the Nominated Notary considers there may be a case that the Notary has committed Notarial Misconduct the Nominated Notary will prepare and prosecute disciplinary proceedings in the Court of Faculties, on behalf of the original complainant. Disciplinary cases in the Court of Faculties are presided over by an independent judge (the ‘Commissary’ or his Deputy) with two sitting Assessors; not the Master of the Faculties. The details of the timetable for Proceedings in the Court are set out in the NOTARIES (JERSEY) INTERIM CONDUCT AND DISCIPLINE RULES 2017, subject to any case-specific directions by the Registrar or Commissary.
Fees and Costs are now set out in the NOTARIES (JERSEY) INTERIM CONDUCT AND DISCIPLINE RULES 2017 Fees & Costs Order 2019. The disciplinary sanctions against a Notary who is proved to have committed Notarial Misconduct are:
- Striking off the Roll of Notaries
- Suspension from practice as a Notary (indefinitely, or for a period of time, or until certain conditions have been met)
- Imposing conditions on the Notarial practice of the Notary
- Requiring further training of the Notary
- Ordering that the Notary is reprimanded
A Notary may, in time, apply to the Court for a review of the sanction(s) imposed.
Please note that the Court has no power to require any compensation payments to be made by the Notary to the client who has suffered loss as a result of the Notary’s Misconduct. The Court can, however, order that if indemnity or other monetary payments are not made by the Notary to the client or other person/body then the Notary shall be struck off the Roll of Notaries.
January, 2020
PRIVACY NOTICE
Introduction
This notice explains how I, Robert Harman (“the Notary”) collect, handle and use your personal data. This notice will be updated from time to time. The date of this notice appears below.
Data Controller
The Notary is the Data Controller.
Purposes for which personal data is processed
The Notary has a legal obligation to obtain and retain personal data such as copy passport extracts and copy proofs of address for a period of at least twelve years from the date of the notarial act. Where the Notary notarises a document in the public or authentic form the Notary is obliged to permanently retain a copy. If you do not wish to consent to the retention of these items by the Notary it will not be possible for the Notary to accept your instructions.
A record of bookings made is retained by the Notary. The record generally includes only the client’s name, telephone number and e mail address. The record may be of benefit to clients who wish to prove the timing of an appointment for evidential reasons. However if you wish the Notary to delete your personal data from the booking record please make the request by e mail and the deletion will be arranged.
When you visit the Notary’s website your IP address is recorded by Just Host, being the company which hosts the Notary’s website. This data may assist in the diagnosis of problems with the Just Host servers, which in turn may assist in the better running of the Notary’s website.
In booking an appointment with the Notary you are consenting to the Notary retaining your personal information as set out above. Without such a consent the Notary will be unable to accept your instructions. It is important that this is understood and it is for this reason that this paragraph has been highlighted.
The Notary does not retain e mail longer than three months, there being a policy of automatic deletion upon the expiry of three months.
The Notary undertakes to retain such personal information securely in digital form and not to use it for marketing or any other reasons beyond that required by law.
Sharing of personal data
Sometimes the Notary will share your data with trusted third parties. By way of examples, if the Notary arranges legalisation for you consular agents will need access to your personal data in order to carry out the Notary’s instructions. Where you pay by credit or bank card your card details will become known to PayPal or SumUp which companies provide financial services to the Notary. Only the minimum data will be provided to third parties sufficient for them to perform their role. Third parties may only use your personal data for the exact purpose specified by the Notary.
Where your personal data may be processed
Sometimes your data is transferred to countries outside the European Economic Area (EEA). For example, where an online booking is made on the Notary’s website the server housing the booking record is based in the USA. The Notary has procedures in place to ensure that the data is protected as if it were processed within the EEA. If you require details of these safeguards please make enquiries directly of the Notary.
Your rights
You may request the Notary to provide access to your personal data free of charge. You may request the correction of your personal data. You may withdraw your consent to your personal data being held by the Notary. Where the Notary has a valid reason to continue to hold your personal data despite the withdrawal of consent the Notary will continue to hold your personal data until such valid reason ceases.
Data portability
In some instances you have a right to have your data moved, copied or transferred. The right applies where you have provided the personal data to the Notary, subject to the processing being carried out by automated means and provided that the processing has been carried out with your consent or for the performance of a contract.
How to complain
If you are not satisfied with any aspect of how your data is processed by the Notary please in the first instance try to resolve your complaint directly with the Notary. If you remain unsatisfied it will be necessary for you to raise a complaint with the Information Commissioner for the Island of Jersey:
The Office of the Information Commissioner
Second Floor
5 Castle Street
St Helier
Jersey JE2 3BT
E mail: enquiries@oicjersey.org
July, 2022
