Ireland and the United Kingdom share a common legal heritage, but the role and regulation of Notaries Public differ between the two jurisdictions. Whether you are an Irish person needing documents for the UK, a UK national living in Ireland, or a business operating across both jurisdictions, understanding these differences is important for getting your documents right.
Why Do the Differences Matter?
If you need a document notarised for use in the UK (or vice versa), understanding which notary to use and how the systems differ can save time, money, and frustration. Using the wrong jurisdiction's notary — or not understanding the requirements — can result in documents being rejected.
The Irish Notary Public
- Appointment: Appointed by the Chief Justice of Ireland on petition to the High Court.
- Qualifications: Must be a qualified solicitor who has also obtained the Diploma in Notarial Law and Practice from the Faculty of Notaries Public in Ireland.
- Commission: Commissioned for life.
- Regulation: Regulated by the Faculty of Notaries Public in Ireland and the Law Society of Ireland (as solicitors).
- Numbers: Relatively few Notaries Public in Ireland compared to the number of solicitors — making it a specialist role.
- Scope: Primarily focused on international document authentication, but also performs domestic notarial acts.
The UK Notary Public
The UK actually has three separate legal jurisdictions — England & Wales, Scotland, and Northern Ireland — each with its own notarial rules:
England & Wales
- Appointment: Admitted by the Court of Faculties of the Archbishop of Canterbury (a historical arrangement dating back centuries).
- Qualifications: Must hold a postgraduate diploma in Notarial Practice. Notaries in England & Wales are not necessarily solicitors — the notarial profession is a separate profession.
- Regulation: Regulated by the Master of the Faculties.
Scotland
- Appointment: Admitted by the Court of Session.
- Qualifications: Must be a qualified solicitor. In Scotland, all solicitors can apply to become Notaries Public.
Northern Ireland
- Appointment: Appointed by the Lord Chief Justice of Northern Ireland.
- Qualifications: Must be a qualified solicitor with additional notarial training.
Key Differences
- Appointing authority: Ireland = Chief Justice. England = Archbishop of Canterbury. Scotland = Court of Session. NI = Lord Chief Justice.
- Must be a solicitor?: Ireland = yes. England = no (separate profession). Scotland = yes. NI = yes.
- Scope of practice: Both Irish and UK notaries primarily handle international documents, but their specific powers and the formalities they follow are governed by different laws.
- Post-Brexit considerations: Since Brexit, documents moving between Ireland (EU) and the UK (non-EU) may require additional authentication steps that were not needed when both were EU members.
Cross-Border Document Considerations
If you need documents for use between Ireland and the UK, keep these points in mind:
- Use the right notary: A document for use in the UK should ideally be notarised by a UK notary, and vice versa. However, both Irish and UK notarial acts are generally recognised internationally.
- Apostille routes differ: Ireland's apostilles are issued by the Department of Foreign Affairs. UK apostilles are issued by the Foreign, Commonwealth & Development Office. The apostille authenticates the notary of the country where the notarisation took place.
- Dual-qualified professionals: A solicitor who is qualified in both jurisdictions can provide valuable guidance on cross-border matters. Hugh Phelan is dual-qualified in Ireland and England & Wales.
- Post-Brexit: Since the UK left the EU, some document processes between Ireland and the UK have become more complex. Check the current requirements for your specific situation.
Frequently Asked Questions
Can an Irish notary notarise documents for use in the UK?
Yes. An Irish notary's seal is internationally recognised and documents notarised in Ireland are generally accepted in the UK, particularly with an apostille.
Can a UK notary notarise documents for use in Ireland?
Yes. UK notarial acts are generally recognised in Ireland. The document may need to be apostilled by the UK authorities for full authentication.
Has Brexit affected notarisation between Ireland and the UK?
Brexit has introduced some additional complexity for cross-border document authentication. The Hague Apostille Convention applies to both countries, so the apostille route still works.
Why choose a dual-qualified solicitor?
A solicitor qualified in both jurisdictions understands the requirements of both systems and can advise on cross-border issues. Hugh Phelan is dual-qualified in Ireland and England & Wales.
Need Cross-Border Notarial Services?
Hugh Phelan is dual-qualified as a solicitor in Ireland and England & Wales. Contact his office at 021-489-7134 or email info@phelansolicitors.com.
Looking for a Notary Public in Cork?
Hugh Phelan is a Solicitor & Notary Public appointed by the Chief Justice of Ireland. Same-day appointments available.
Notary Public Cork — Book Now📞 +353-21-489-7134 · East Douglas Street, Douglas, Cork