Can I administer a statutory declaration if I’m not currently working?
Administering a statutory declaration is subject to the same restrictions as administering an oath.
As the administration of oaths is a reserved activity, you must:
- have a current practising certificate
- not be interested in the declarant’s business or represent them
- be an “authorised person in relation to the administration of oaths” as set out in section 183 of the Legal Services Act 2007
Where the only reserved legal activities undertaken by you when practising on your own are administering oaths or statutory declarations, the SRA will not see you being in breach of regulation 10.2(c) of the Authorisation of Individuals Regulations (AIRs).
This applies if you meet the following conditions:
- you do not charge a fee for administering oaths or statutory declarations other than the statutory fee, and
- you do not provide the services of administering oaths or statutory declarations by way of business
For more information, see Execution of Documents (4th edition).
Disclaimer
While every effort has been made to ensure the accuracy of the information in this article, it does not constitute legal advice and cannot be relied upon as such. The Law Society does not accept any responsibility for liabilities arising as a result of reliance upon the information given.
Have you got a practice question?
Call the Practice Advice Service on 020 7320 5675 or email practiceadvice@lawsociety.org.uk.
The Practice Advice Service is staffed Monday to Friday from 9am to 5pm.