Irish Notary vs UK Notary — How They Differ

If you have connections to both Ireland and the United Kingdom — whether through business, property, family, or immigration — you may need to understand how the notary public systems differ between the two jurisdictions. While both countries have notaries public who perform similar functions, the systems have important differences in qualifications, appointment, regulation, and practice. This guide explains the key differences.

Overview: Two Separate Systems

Ireland and the United Kingdom are separate legal jurisdictions, each with its own notary public system. Within the UK itself, there are further distinctions — England and Wales, Scotland, and Northern Ireland each have their own notarial traditions. For the purposes of this comparison, we will focus primarily on Ireland versus England and Wales, as this is the most common comparison.

Appointment and Qualification

Ireland

• Notaries Public are appointed by the Chief Justice of Ireland
• The appointment is for life
• Candidates must hold the Diploma in Notarial Law and Practice from the Faculty of Notaries Public in Ireland
• Most Irish notaries are also qualified solicitors
• The number of notaries is relatively small — there must be a demonstrated need in the area

England and Wales

• Notaries are appointed by the Court of Faculties of the Archbishop of Canterbury
• They must hold the Postgraduate Diploma in Notarial Practice from University College London (UCL)
• Notaries in England and Wales are regulated by the Master of the Faculties
• Unlike Ireland, English notaries are a separate profession from solicitors (though some practitioners hold both qualifications)
• There are approximately 750 practising notaries in England and Wales

Scotland

• In Scotland, all practising solicitors can act as notaries public — the role is not a separate appointment
• This is a fundamental difference from both Ireland and England and Wales
• Scottish solicitor-notaries are regulated by the Law Society of Scotland

Regulation

The regulatory frameworks differ significantly:

• Ireland: Notaries are regulated by the Faculty of Notaries Public in Ireland and are subject to oversight by the Chief Justice. They must maintain professional indemnity insurance and comply with continuing professional development requirements.
• England and Wales: Notaries are regulated by the Master of the Faculties through the Faculty Office. They are subject to inspection, must maintain professional indemnity insurance, and must comply with the Notaries Practice Rules.
• Both jurisdictions: Notaries in both Ireland and the UK are subject to anti-money laundering legislation and must carry out customer due diligence.

Services and Functions

The core services provided by notaries in both jurisdictions are similar:

• Notarisation of documents for international use
• Certified true copies
• Witnessing signatures and administering oaths
• Powers of Attorney for use abroad
• Corporate notarial services
• Preparation of documents for apostille

One notable difference is that in Ireland, because most notaries are also solicitors, they can provide a wider range of legal services alongside their notarial work. In England and Wales, notaries who are not also solicitors are limited to notarial work.

Apostille and International Recognition

Both Ireland and the UK are members of the Hague Apostille Convention, which means documents notarised in either jurisdiction can receive an apostille for use in other member states:

• Ireland: Apostilles are issued by the Department of Foreign Affairs
• UK: Apostilles are issued by the Foreign, Commonwealth & Development Office (FCDO)

Documents notarised in Ireland carry the same level of international recognition as those notarised in the UK. The notarial seal and signature of an Irish notary are recognised by authorities worldwide.

Post-Brexit Considerations

Following Brexit, the UK left the European Union on 31 January 2020. This has had some practical implications for cross-border document use:

• The UK remains a member of the Hague Apostille Convention, so the apostille system continues to work for document authentication between Ireland and the UK
• Some EU-specific regulations that previously facilitated document recognition between member states no longer apply to the UK
• For documents moving between Ireland (an EU member) and the UK, the apostille route is now the standard method of authentication
• Northern Ireland has some unique arrangements under the Windsor Framework that may affect certain document requirements

Which Notary Do You Need?

The general rule is straightforward: you should use a notary in the jurisdiction where you are physically located. If you are in Cork and need a document notarised, you need an Irish Notary Public. If you are in London, you need an English notary. The document can then be apostilled for use in the other jurisdiction if required.

Hugh Phelan: Dual Qualified

Hugh Phelan is uniquely positioned to assist with cross-border matters between Ireland and the UK. He is qualified as a Solicitor in both Ireland and England & Wales, giving him a thorough understanding of both legal systems. As a Notary Public appointed by the Chief Justice of Ireland, he can notarise documents for use in the UK and any other jurisdiction worldwide.

Contact us at 021-489-7134 or info@phelansolicitors.com, or book an appointment online.