Cap. 55 Art. 7Board of examiners.

(1) The Minister responsible for notarial affairs shall in November of each year appoint for a period of twelve months a

Board of Examiners composed of the retired Judge or retired

Magistrate or retired advocate ordinarily presiding the Court of Revision of Notarial Acts, the Chief Notary to Government, a practising notary proposed by the Notarial Council and two other practising notaries:

Provided that no notary shall sit on the Board unless he has practised his profession for at least ten years.

(2) The Board shall hold the qualifying examination mentioned in article 6(1)(f) after ascertaining that the requisites of paragraphs

(a) to (e) thereof have been satisfied, and it shall also carry out any other function assigned to it by this Act and any other law.

(3) Subject to the provisions of this Act and any applicable regulations, the Board shall regulate its own procedure.

(4) The notary at whose office a candidate satisfied the requirements of article 6(1)(d), any associate of such notary and any notary who provides services from the same office shall not sit on the Board. If the candidate undertook his traineeship with more than one notary, the provisions of this sub-article shall apply to the notaries with whom the traineeship took place, their associates and other notaries who provide services from the same office.

(5) No person may sit on the Board if he is the spouse of or is related to any of the candidates by consanguinity or affinity in the direct line up to any degree or in the collateral line up to the third degree inclusively, or if there is a manifest conflict of interest.

(6) Where the retired Judge or retired Magistrate or retired

*for the applicability of article 6(1)(c) and (d), referred to in this article, see article 103(4)(b) and (c) of Act XXIV of 2011, as amended by article 17(a) of Act XIX of 2012. advocate ordinarily presiding the Court of Revision of Notarial Acts or the Chief Notary to Government is disqualified to sit on the Board, or if he is unable or unwilling to do so, the Minister responsible for notarial affairs shall appoint, as the case may be, another retired Judge or retired Magistrate or retired advocate or one of the notaries in Government employment.

(7) Where the Notarial Council fails to propose a notary for appointment on the Board within fifteen days of receiving a request to do so, the Minister responsible for notarial affairs shall proceed to appoint a practising notary of his choice.

(8) Where a member of the Board resigns or becomes disqualified to continue sitting on the Board, the Minister responsible for notarial affairs shall substitute such member in the shortest possible time, so however that his term of appointment shall be for the period as yet unexpired for which the member who resigned or became disqualified had been appointed, and where applicable the provisions of sub-articles (6) and (7) shall apply mutatis mutandis.

(9) Members of the Board shall be paid an honorarium to be fixed by regulations made by the Minister responsible for notarial affairs under this article.

*