Changes to Statutory Declarations

Sections 49 to 52 of the Civil Law (Miscellaneous Provisions) Act 2008 amended the statutory provisions relating to statutory declarations originally provided for in the Statutory Declarations Act 1938.

Amending sections of the 2008 Act

The effects of each of the amending sections contained in the 2008 Act are summarised below.

New additional means of identification

Section 49 of the 2008 Act amends section 2 of the 1938 Act as to the means by which the proposed declarant identifies himself/herself to the person taking and receiving the statutory declaration. The 1938 Act originally provided for two alternatives set out in the jurat (i.e. the attestation clause) of the statutory declaration, either (a) that the declarant was personally known to the person taking and receiving the statutory declaration or (b) the declarant was identified by another person who was personally known to the person taking and receiving the statutory declaration. 

Section 49 of the 2008 Act retains these two alternatives and adds a third alternative.  The proposed declarant can now establish his/her identity by reference to a "relevant document" containing a photograph of the declarant and this means of identification is then attested to in the jurat.  A "relevant document" means a valid passport, a national identity card or a document equivalent to a passport, a refugee travel document or a travel document issued by the Minister for Justice, Equality and Law Reform. 

Making of statutory declarations outside the State

Section 50 of the 2008 Act inserts section 3A into the 1938 Act and provides for the making of statutory declarations outside the State.  A person who needs, for Irish law purposes, to make a statutory declaration abroad will now have a range of processes available to him/her.

Changes to penalties for making false declarations

Section 51 of the 2008 Act substitutes section 6 of the 1938 Act, as amended by section 26 of the Standards in Public Office Act 2001, thereby amending the offence and penalties for making a false declaration.

New standard form of jurat

Section 52 of the 2008 Act substitutes the Schedule to the 1938 Act (which set out the text of the original standard form of jurat) to reflect the change introduced by section 49 of the 2008 Act relating to the identification of the declarant by means of a "relevant document". 

Combined standard form of jurat

Specific standard forms of jurat 

Form of jurat before a notary public

  1. where declarant is personally known;
  2. where declarant is identified by someone personally known;
  3. where declarant is identified by a "relevant document".

Form of jurat before a commissioner for oaths

  1. where declarant is personally known;
  2. where declarant is identified by someone personally known;
  3. where declarant is identified by a "relevant document".

Form of jurat before a peace commissioner

  1. where declarant is personally known;
  2. where declarant is identified by someone personally known;
  3. where declarant is identified by a "relevant document".

Form of jurat before a practising solicitor

  1. where declarant is personally known;
  2. where declarant is identified by someone personally known;
  3. where declarant is identified by a "relevant document".

Affidavits

The 2008 Act did not alter existing arrangements for the completion of affidavits. In regard to the administration of oaths by practising solicitors, see the following:

  • June edition of the 2005 Law Society Gazette - see the 2005 Practice Note 
  • the Chief Justice (Hamilton CJ) wrote to solicitors on 22 December 1994, relating to section 72 of the Solicitors (Amendment) Act 1994 - see memorandum to all solicitors.