COMMISSIONER FOR OATHS IN ENGLAND & WALES

A "Commissioner for Oaths" is a person commissioned by the Lord Chancellor to administer an oath or take any affidavit for the purposes of any court matter in England.  

The list of the legal professionals who are Commissioners for Oaths is provided below:

  • Notary Public.

  • Barrister.

  • Solicitor

  • Fellow of the Institute of Legal Executives.

  • Licenced Conveyancer.

The swearing of an oath typically involves the making of a swear and the signing of an affidavit. Such a document is intended for use only in the United Kingdom.  An oath does not carry the same weight as a notarisation and further to this is generally not accepted abroad.

The normal method of swearing an oath is for the deponent to hold the Bible (or other appropriate holy book) and to say aloud:

"I swear by Almighty God that this is my name and handwriting and that the contents of this my affidavit are true

If there are exhibits, the person swearing the oath would also add "and that these are the exhibit/s referred to)

Variations of this wording may be preferred by followers of religions other than Christianity or Judaism. A person who objects (on whatever grounds) to taking an oath is entitled to affirm.

 

The deponent should in an affirmation say:

 

I, {full name}, do solemnly, sincerely and truly declare and affirm that this is my name, etc.  A person making a statutory declaration should say: AI solemnly and sincerely declare that this my name, etc.

 

THE ATTESTATION CLAUSE:

 

The jurat or attestation clause should be completed by the commissioner to show the date on which, and place where, the oath or declaration was taken. The commissioner should add his or her signature below the jurat or attestation clause (adding his or her name in block capitals if the signature is unclear), and indicate the capacity in which he or she is acting, i.e. Commissioner for Oaths. Any amendments in the text of the affidavit or declaration should be initialled in the margin by the commissioner, who must also sign the certificates identifying any exhibits. The wording of the jurat will need to be varied for special circumstances, for example if the deponent is blind, illiterate or does not speak English. 

Statutory declaration needs to be completely truthful and accurate

 

If a Solicitor is acting on your behalf in any legal matter and required you to get a Statutory Declaration they will usually have to send you to another Solicitor to administer it, as otherwise it will be considered invalid.

False Statements

 

Please be aware if you make a false statement knowingly then you will end up in Prison, so be careful and obtain professional legal advise before you make any statement, as you must be well aware of the contents of the statement, if you are unable to understand English then it Statutory Declaration must be read to you in your native language.

What is an affidavit?
 

An affidavit is a written form of evidence used in various court proceedings [such as family(divorce matters), civil litigation etc]. An affidavit sets out the facts as you remember them.

In legal proceedings, the evidence you want the court to hear about your ongoing matter must be in an affidavit.

Affidavit can be offered by whom?

An affidavit can  be offered by any individual as long as they have the mental capacity to understand the seriousness of oath of an Affidavit.

False Affidavit

Please be advised that a false statement in an Affidavit will be considered a serious breach and will be charged with the contempt of court.

 

 

 

While most people think that only solicitors may assist in the swearing of an oath,  there are in fact a number of types of lawyers who can administer an oath which include:

The “administration of oaths” is a reserved legal activity under the Legal Services Act 2007 (sections 12-13, and Schedule 5). Such activities may only be carried out by authorised persons.

 

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Commissioners for Oaths Act 1889
1889 CHAPTER 10

 

 

 

 

 

 

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All solicitors that hold a valid practising certificate may also perform this function providing oath or affidavit to be used in a court in England.

 

 

 

 

 

 

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