Every practising solicitor, with effect from 4th November 1994, has the powers of a Commissioner for Oaths, pursuant to section 72 of the Solicitors (Amendment) Act, 1994. Consequently, in 1995, the listing of the names and addresses of those solicitors who were also Commissioners for Oaths was discontinued because every solicitor was conferred with these powers. Every edition of the Directory since 1995 has included a memorandum prepared by Mr. Justice Liam Hamilton, then the Chief Justice, regarding the exercise by them of the powers of a Commissioner for Oaths.

Since July 2008 the law relating to statutory declarations has changed somewhat. Practitioners are reminded that sections 49 to 52 of the Civil Law (Miscellaneous Provisions) Act 2008 (“the 2008 Act”) amended the statutory provisions relating to statutory declarations originally provided for in the Statutory Declarations Act 1938 (“the 1938 Act”). Consequently, the standard form of jurat has been amended as regards statutory declarations only. A Statutory Declarations Information Webpage is located in the Precedents section of the members’ area of the Society’s website, where practitioners can find out what changes have been introduced and download updated precedent standard forms of jurat.

The full text of Mr. Justice Hamilton’s memorandum is set out below:

22nd December 1994

URGENT AND IMPORTANT MEMORANDUM TO ALL PRACTISING SOLICITORS

Re: Section 72 of Solicitors (Amendment) Act 1994 (Exercise of the powers of a Commissioner for Oaths by Practising Solicitors)

On the enactment of the Solicitors (Amendment) Act 1994 on 4 November 1994, the provisions of section 72 thereof came into effect. Section 72 gives to “every solicitor who holds a practising certificate which is in force ... all the powers conferred by any enactment or statutory instrument... on a commissioner for oaths”. For convenience of reference, the full text of section 72 is set out in the Schedule to this Memorandum. 

A solicitor who holds a practising certificate that is in force (hereinafter referred to as ‘a practising solicitor’) who is also a commissioner for oaths MAY, continue to refer to himself/herself in the jurat as a “commissioner for oaths”. 

A practising solicitor who is not also a commissioner for oaths SHALL refer to himself/herself in the jurat as a practising solicitor.” 

Therefore, the following will be the revised adaptable standard form of jurat: 

“Sworn/Declared by [name of deponent] this
_____ day of ______________ 19___ at ___________
in the City/County of _________________ before me a
commissioner for oaths/practising solicitor, and
I know the deponent/declarant.
_____________________________________
Commissioner for Oaths/Practising Solicitor”

PLEASE NOTE THE FOLLOWING:

1. A practising solicitor who is not also a commissioner for oaths, in exercising is/her powers pursuant to section 72, is subject to all the acts, regulations and rules of practice to which a commissioner for oaths is subject. 
2. Section 72(2) requires that a practising solicitor “shall not exercise the powers conferred by this section in any proceedings in which he is solicitor to any of the parties or in which he has an interest, or in contravention of any relevant condition” (i.e. in contravention of any condition to which his/her practising certificate may be subject).
3. Apart from the express statutory prohibition in section 72(2) in relation to exercising the powers of a commissioner for oaths in proceedings, a practising solicitor (whether or not also a commissioner for oaths) CANNOT exercise such powers in any conveyancing, probate, commercial or other matter in which he/she is a solicitor to any of the parties thereto or in which he/she has an interest.
4. The definition of “solicitor” in section 3 of the Solicitors (Amendment) Act 1994 includes “a firm of solicitors” Therefore, in exercising his/her powers pursuant to section 72, a practising solicitor (whether or not also a commissioner for oaths) MUST regard himself/herself as having an interest in any proceedings or in any conveyancing, probate, commercial or other matter in which his/her principal, partner, associate. consultant or assistant is engaged as a solicitor or has an interest.
5. FEES: (Please note: The section of the original memorandum in relation to fees has been superceded by the Euro Changeover and the increase in Commissioners Fees. For current fees payable to a commissioner for oaths please see Fees Payable to Commissioners for Oaths below.)
6. Every practising solicitor exercising his/her powers pursuant to section 72 must at all times be fully aware of the importance and solemnity of the proper exercise of such powers, and be conscious that “misconduct” (for the purposes of the Solicitors’ Acts 1954/1994) includes a contravention of (inter alia) section 72.

Signed: Liam Hamilton
Chief Justice

FEES PAYABLE TO COMMISSIONERS OF OATHS

A practising solicitor who is not a commissioner for oaths, in exercising his/her powers pursuant to section 72, is subject to the same regulations as to fees as is a commissioner for oaths.

The current fees payable to a commissioner for oaths as provided for in Part VI of Appendix W of the Rules of the Superior Courts, 1986 (S.I. No. 15 of 1986), as inserted by the Rules of the Superior Courts (No. 4), 1990 (S.I. No. 281 of 1990) and amended by the Rules of the Superior Courts (No. 4) (Euro Changeover), 2001 (S.I. No. 585 of 2001) and by the Rules of the Superior Courts (Fees Payable to Commissioners for Oaths), 2003 (S.I. No. 616 of 2003)* are as follows:
(i) on taking an affidavit, affirmation or declaration €10
(ii) on marking exhibits therein referred to and required to
be marked – for each exhibit €2
but not exceeding for all exhibits €30
(iii) on attesting the execution of a bond €10

* Effective from 11th December 2003.

SCHEDULE

within referred to

See Full text of section 72 of the Solicitors (Amendment) Act, 1994.