Editing Notary public (section)

====Scotland====
Notaries public have existed in Scotland since the 13th century and developed as a distinct element of the Scottish legal profession.  Those who wish to practice as a notary must petition the [[Court of Session]].  This petition is usually presented at the same time as a petition to practice as a solicitor, but can sometimes be earlier or later.  However, to qualify, a notary must hold a current Practising Certificate from the [[Law Society of Scotland]], a new requirement from 2007, before which all Scottish solicitors were automatically notaries.

Whilst notaries in Scotland are always solicitors, the profession remains separate in that there are additional rules and regulations governing notaries and it is possible to be a solicitor, but not a notary.  Since 2007 an additional Practising Certificate is required, so now most, but not all, solicitors in Scotland are notaries – a significant difference from the English profession.  They are also separate from notaries in other [[jurisdiction (area)|jurisdictions]] of the United Kingdom.<ref>{{Cite web|url=http://www.lawscot.org.uk/Members_Information/rules_and_guidance/guides/Rules/notarypublic/notary_public.aspx|archive-url=https://web.archive.org/web/20100228223804/http://www.lawscot.org.uk/Members_Information/rules_and_guidance/guides/Rules/notarypublic/notary_public.aspx|url-status=dead|title=Law Society of Scotland|archive-date=28 February 2010}}</ref>

The profession is administered by the Council of the Law Society of Scotland under the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990.

In Scotland, the duties and services provided by the notary are similar to England and Wales, although they are needed for some declarations in divorce matters for which they are not in England.  Their role declined following the Law Agents (Scotland) Amendment Act 1896 which stipulated only enrolled law agents could become notaries and the Conveyancing (Scotland) Act 1924 which extended notarial execution to law agents.  The primary functions<ref>David A. Brand & Michael P. Clancy, [http://www.lawscot.org.uk/media/2186/BOOKLET%2001.09.09.doc ''The Modern Notary Public in Scotland:  Guidance for Intrant Notaries''] {{webarchive|url=https://web.archive.org/web/20110721221100/http://www.lawscot.org.uk/media/2186/BOOKLET%2001.09.09.doc |date=21 July 2011 }}, 6th ed. (2009), ''The Law Society of Scotland''.</ref> of a Scottish notary are:
* oaths, affidavits, and affirmations
* affidavits in undefended divorces and for matrimonial homes
* maritime protests
* execution or certification for foreign jurisdictions, e.g., estates, court actions, powers of attorney, etc.
* notarial execution for the blind or illiterate
* entry of a person to overseas territories
* completion of the documentation required for the registration of a company in certain foreign jurisdictions; and
* drawing for repayment of Bonds of Debenture