Statutory Declarations Act, 1938

• Jurisdiction: Ireland
• Citation: IR No. 37/1938
• Year: 1938

Number 37 of 1938.
STATUTORY DECLARATIONS ACT, 1938.
ARRANGEMENT OF SECTIONS
Section 1. Statutory declarations. 2. Signing and attestation of statutory declarations. 3. Restriction on persons specially authorised. 4. Adaptation of existing statutory forms. 5. Fees chargeable by notaries public and commissioners for oaths. 6. Penalty for false declaration. 7. Repeal and saving. 8. Short title.
SCHEDULE.
Number 37 of 1938.
STATUTORY DECLARATIONS ACT, 1938.
AN ACT TO MAKE FURTHER AND BETTER PROVISION IN REGARD TO STATUTORY DECLARATIONS AND MATTERS CONNECTED THEREWITH. [21st December, 1938.]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—
	Statutory declarations.	1.—(1) It shall be lawful for any of the following persons, that is to say:—
	(a) a notary public,
	(b) a commissioner for oaths,
	(c) a peace commissioner,
	(d) a person authorised by law to take and receive statutory declarations,
	to take and receive the declaration in writing of any person making the same before him in the form set out in the Schedule to this Act.
	(2) A declaration made under this section shall be known for all purposes as and is in this Act called a statutory declaration, and, notwithstanding anything contained in any other statute, the expression “statutory declaration” (save if or in so far as it refers to a declaration made before the passing of this Act) shall, in every statute or statutory instrument now in force or hereafter enacted or made, be construed and have effect as meaning a declaration made under this section.
	(3) In the first sub-section of this section the expression “a person authorised by law to take and receive statutory declarations” means a person authorised by or under any statute (whether enacted before or after the passing of this Act) to take and receive statutory declarations, and includes a person so authorised to take and receive statutory declarations from particular persons or a particular class of persons or for a particular purpose or in particular circumstances.
	Signing and attestation of statutory declarations.	2.—(1) Every statutory declaration shall be signed by the person making the same in the presence of the person before whom it is made and shall then be attested by the said person before whom it is made signing an attestation at the foot thereof in the form and containing the particulars set out in the form of statutory declaration in the Schedule to this Act.
	(2) Save as is otherwise provided by this section, no person (in this sub-section referred to as the first-mentioned person) shall take or receive a statutory declaration from another person (in this sub-section referred to as the declarant) unless the declarant is personally known to the first-mentioned person or is identified to him by a person who is personally known to him.
	(3) The next preceding sub-section of this section shall not apply to a person who is authorised by statute (whether passed before or after this Act) to receive and take statutory declarations from particular persons or a particular class of persons for the purposes of that statute, and accordingly, where any such statutory declaration is...