The Statutory Declarations Act 1938 is one of Ireland’s most enduring pieces of legislation. Despite being over 85 years old, it remains the primary law governing statutory declarations in Ireland and is used daily by solicitors, notaries, and members of the public. This guide explains what the Act provides and why it still matters.
What is a Statutory Declaration?
A statutory declaration is a formal written statement of facts that the declarant signs and solemnly declares to be true before an authorised person. It is used when an oath or affidavit is not required but a formal, legally binding statement is needed.
What the 1938 Act Provides
The Statutory Declarations Act 1938 established the legal framework for statutory declarations in Ireland. Key provisions include:
- Section 1: Defines who may take statutory declarations (including solicitors, notaries public, commissioners for oaths, and peace commissioners)
- Section 2: Provides that a statutory declaration may be used in place of an oath in many circumstances
- Section 3: Sets the form for a statutory declaration
- Section 6: Creates the offence of making a false statutory declaration, punishable as perjury
When Statutory Declarations Are Used
Statutory declarations are commonly required for:
- Property transactions: Declarations about title, boundaries, identity of occupants
- Probate: Declarations about the estate of a deceased person
- Change of name: Declarations confirming a change of name
- Immigration: Declarations about relationships, financial status, or other matters
- Insurance claims: Declarations about loss or damage
- Business compliance: Various regulatory declarations
- Social welfare: Declarations about living arrangements or financial circumstances
The Form of a Statutory Declaration
A statutory declaration under the 1938 Act must:
- Be in writing
- Set out the facts being declared
- Include a declaration by the maker that they “solemnly and sincerely declare” the contents to be true
- Reference the Statutory Declarations Act 1938
- Be signed by the declarant in the presence of an authorised person
- Be witnessed by the authorised person, who must also sign and add their qualification
Who Can Witness a Statutory Declaration?
Under the Act, statutory declarations may be made before:
- A Notary Public
- A Solicitor holding a current practising certificate
- A Commissioner for Oaths
- A Peace Commissioner
For declarations intended for use abroad, a notary public is typically the most appropriate choice as their seal provides international recognition. See our detailed guide on who can witness a statutory declaration.
The Criminal Penalty for False Declarations
Section 6 of the 1938 Act provides that any person who makes a statutory declaration knowing it to be false or misleading is guilty of an offence equivalent to perjury. This carries serious criminal sanctions, including potential imprisonment.
The 1938 Act in Property Transactions
One of the most common uses of statutory declarations under the 1938 Act is in property transactions. In Irish conveyancing practice, statutory declarations are routinely used to:
- Establish identity: Where the name on title documents differs from the vendor’s current name (e.g., due to marriage or deed poll change of name)
- Confirm compliance: Declaring that building works were carried out in compliance with planning permission and building regulations
- Address gaps in title: Where there are gaps or uncertainties in the chain of title, statutory declarations from persons with knowledge of the relevant facts can bridge those gaps
- Confirm family law status: Declarations regarding marital status for the purposes of the Family Home Protection Act 1976
- Adverse possession: Supporting claims of adverse possession (squatter’s rights) by declaring continuous occupation over the statutory period
Statutory Declarations in Immigration
Immigration authorities in Ireland and abroad frequently require statutory declarations. Common examples include:
- Declarations of relationship (e.g., confirming a de facto relationship for visa purposes)
- Declarations of financial support (e.g., confirming sponsorship of a visa applicant)
- Declarations about employment history or residential status
- Character reference declarations
When these declarations are to be used abroad, they should be made before a Notary Public so that they can be apostilled or legalised for international recognition.
Why the Act Is Still Relevant
Despite its age, the 1938 Act remains relevant because:
- It provides a simple, well-understood mechanism for formal declarations
- It carries significant criminal penalties for false declarations, giving it legal weight
- It is referenced in numerous other Irish statutes and regulations
- It is widely accepted both domestically and internationally
- No subsequent legislation has replaced it
Frequently Asked Questions
Is the 1938 Act still the law in Ireland?
Yes. The Statutory Declarations Act 1938 remains in force and is the primary legislation governing statutory declarations in Ireland.
What is the difference between a statutory declaration and an affidavit?
An affidavit is sworn on oath and is used primarily in court proceedings. A statutory declaration is solemnly declared (not sworn) and is used for non-court purposes. Both carry penalties for false statements.
Can a statutory declaration be used abroad?
Yes, when notarised and apostilled or legalised. A notary’s involvement provides international recognition.
Need a Statutory Declaration in Cork?
Hugh Phelan can witness statutory declarations for both domestic and international use. Contact his office at 021-489-7134 or email info@phelansolicitors.com.