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Commissioners For Oaths


In UK law, a Commissioner for Oaths is a person appointed by the Lord Chancellor with power to administer oaths or take affidavits. All practising solicitors have these powers but must not use them in proceedings in which they are acting for any of the parties or in which they have an interest. These powers granted are to administer oaths, take affidavits and statutory declarations.

This is an appointment automatically granted to certain legal professionals who are in practice in their respective profession or to some others because of their particular position or role in the legal system.

The exact description of Commissioner for Oaths in Oxford English is:
"A solicitor authorized to administer an oath to a person making an affidavit."

However sometime this definition is fairly misleading as it suggests that only solicitors are Commissioners for Oaths. But this is not the case, with the following professions able to perform the functions of a Commissioner of Oaths:

  • Power Of Attorney
  • Change Of Name Deed
  • Certification Of Documents
  • Statutory Declaration
  • Affidavits

  • Hence Britain Solicitors are automatically Commissioners For Oaths and have powers to administer oaths, take affidavits and statutory declarations.

    POWER OF ATTORNEY

    A lasting power of attorney (LPA) is a legal document that lets you (the ‘donor’) appoint one or more people (known as ‘attorneys’) to help you make decisions or make decisions on your behalf. This gives you more control over what happens to you if, for example, you have an accident or an illness and can’t make decisions at the time they need to be made (you ‘lack mental capacity’). You must be 18 or over and have mental capacity – the ability to make your own decisions – when you make your LPA. There are 2 types of LPA:

  • Health and welfare
  • Property and financial affairs
  • CHANGE OF NAME DEED

    While changing your name you need a Deed Poll. A deed poll is a legal document that proves a change of name. You can change any part, add or remove names and hyphens, or change spelling. At Britain Solicitors we can draft a change of name deed; and/or witness signatures of the deponent on the change of name deed.

    CERTIFICATION OF DOCUMENTS

    Certification of a document as a true copy of the original by getting it signed and dated by a professional person, like a solicitor. When you are applying for something like a bank account or mortgage, you may be asked to provide documents that are certified as true copies of the original.

    Copies of documents that can be certified from Britain Solicitors include:

  • Passports
  • Photocard driving licences
  • Letters from a government department
  • Bank/building society or credit card statements
  • Gas, electricity or council tax bills
  • Letters from a hospital/doctor

  • STATUTORY DECLARATION

    A statutory declaration is a legal document defined under the law of certain Commonwealth nations. It is similar to a statement made under oath, however, it is not sworn. Statutory declarations are commonly used to allow a person to affirm something to be true for the purposes of satisfying some legal requirement or regulation when no other evidence is available. They are thus similar to affidavits (which are made on oath).

    Depending on jurisdiction, statutory declarations can be used for:

  • Declarations of identity, nationality, marital status, etc. when documentary evidence is unavailable.
  • Declaring the intention to change one's name.
  • Affirming the provenance and nature of goods for export or import.
  • Bank/building society or credit card statements
  • Statements of originality for patent applications.

  • AFFIDAVITS

    An affidavit is a written sworn statement of fact voluntarily made by an affiant or deponent under an oath or affirmation administered by a person authorized to do so by law. Such statement is witnessed as to the authenticity of the affiant's or deponent's signature by a taker of oaths, such as a notary public or commissioner of oaths.