Overview
A statutory declaration is a legal document where you formally declare, under penalty of perjury, that something is true to the best of your knowledge. It must be signed in front of an authorised person like a lawyer, commissioner of oaths, or notary public.
A statutory declaration is a written statement of fact where a declarant affirms that the facts stated are true to the best of their knowledge. A statutory declaration is governed by the Statutory Declarations Act 1835.
The title refers to the fact that a declaration is being made and is governed by statute or legislation. A statutory declaration will need to be witnessed in front of a prescribed person.
It is sometimes necessary for a Statutory declaration to be legalised by apostille for personal, work or for legal requirements. The apostille certificate is normally requested by foreign authorities and organisations so that the Statutory declaration can be used for official purposes outside of the UK.
How to draft a Statutory Declaration ?
You can produce a statutory declaration by either drafting one or downloading a statutory declaration form online. There is a sample form on the GOV.UK website.
- If drafting it yourself, you’ll need to make sure that you follow the requirements set out under the Act. A legal professional may also assist with drafting the statutory declaration for you. Ashford Advice can assist in preparing a Statutory Declaration/Change of Name Deed. There is a standard charge of £25.00 for this service
- Often for statutory declarations to be used in the UK, prescribed templates or forms are issued and can be found on the internet. These include statutory declarations for enrolling a change of name, or when entering into a new tenancy under the Landlord and Tenant Act 1954.
Who can witness a Statutory Declaration in the UK?
A statutory declaration form requires two signatures: one from the declarant (the person making the statement) and another from a witness. You will be expected to provide evidence of your identity to the person witnessing the document, this is normally a government approved photo id such as a driving licence or passport plus a separate document confirming your address
Under the Act, a statutory declaration can be witnessed by a person authorised by law to administer oaths. The following persons are entitled to administer oaths and therefore witness statutory declarations:
- A Commissioner for Oaths
- A Solicitor
- A Notary Public
- A Justice of the Peace
- Any other qualified person
Commissioner for Oaths
In UK law, a Commissioner for Oaths is an individual appointed by the Lord Chancellor with power to administer oaths or take affidavits. All practicing solicitors have these powers. You an search for a solicitor here
Solicitors
All solicitors that hold a valid practising certificate are entitled to act as a Commissioner for Oaths. All practicing solicitors have these powers. You an search for a solicitor here.
Ashford Advice employ a solicitor to deal with housing matters we cannot act as a commissioner for oaths
Notary Public
A notary public is a lawyer and public official specialising in the authentication and certification of signatures, authority and capacity relating to documents for use abroad.
If a statutory declaration is to be used outside of England and Wales, it will need to be signed in the presence of a notary public.
You can search for a notary here
Justice of the Peace
A Justice of the Peace, more commonly known as a Magistrate, is an ordinary citizen empowered to hear minor civil and criminal cases in their local community.
Any Other Qualified Person
Any other qualified person includes members of the armed forces ranked Major, Lieutenant-Commander or Squadron Leader and above, as well as British Consular and Diplomatic officers posted abroad.
How much does it cost to witness a Statutory Declaration?
A Commissioner for Oaths or solicitor must charge £5 per person signing a statutory declaration and £2 for each exhibit which is required to be marked. The Commissioners for Oaths (Fees) Order 1993 dictates how much a Commissioner for Oaths and solicitor can charge to witness a statutory declaration. The fees are inclusive of Value Added Tax.
Notaries are not subject to the above fees. If you are using a statutory declaration outside of the UK, you will likely need a notary to witness the document. A notary will charge a minimum fee of £80 to notarise a statutory declaration.
If you have multiple statutory declarations, each subsequent declaration is half price at £40. Generally there is no charge per exhibit. Value Added Tax may be applicable.
Apostille
You can get certain official UK documents ‘legalised’ by submitting them to the Legalisation Office.
You might need to do this if an official in another country has asked you to provide a UK document and they have said it must be legalised.
The Legalisation Office will check the document and see if any signatures, stamps or seals match their own records. If they do match, they’ll legalise the document by attaching an ‘apostille’ (stamped official certificate).
There are 2 types of apostille.
They can either be:
- paper-based – you’ll need to send your documents by post (or submit them in person, if you’re a registered business)
- electronic – known as an ‘e-Apostille’, you’ll need to upload your documents as PDF files that have been electronically signed by a UK notary or solicitor
You apply for both types online. You can choose which one to get, but you may need to get a paper-based apostille if either:
- the person who has asked you for the document wants a paper-based apostille
- the type of document they need is not eligible for an e-Apostille
You cannot get an e-Apostille for:
- birth, death, marriage, civil partnership and adoption certificates, or any other document from the General Register Office
- ACRO police certificates for England and Wales
- Disclosure Barring Service (DBS) certificates for England and Wales
- disclosure certificates for Scotland and Northern Ireland
- fingerprint certificates
- membership certificates for the Association of Chartered Certified Accountants (ACCA)
Contact the person asking for legalised documents. Check if they need:
- a paper-based apostille, or whether it can be an e-Apostille (if this is available for your document)
- a single apostille for a group of documents, or a separate apostille for each document
How much does an Apostille cost?
You’ll need to pay a fee for each document you need to be legalised. If your document cannot be legalised you will not be refunded.
| Service option | Fee per document |
|---|---|
| Standard (paper-based) | £45, plus courier or postage costs |
| ‘Next-Day’ for registered businesses only (paper-based) | £40 |
| e-Apostille | £35 |
| ‘Restricted Urgent’ service for registered businesses only (paper-based) | £100 |
Courier costs for paper-based apostilles
There are extra costs to get your documents returned if you use the standard (paper-based) service.
| Country | Price |
|---|---|
| UK (including British Forces Post Office) | £5.50 per 1.5kg |
| European countries (not including Albania, Armenia, Azerbaijan, Bosnia and Herzegovina, Georgia, Liechtenstein, Kazakhstan, Moldova, Montenegro, North Macedonia, Serbia and Turkey) | £25.50 per 1.5kg |
| Rest of the world | £29.50 per 1.5kg |
You currently cannot have legalised documents returned to Russia, Ukraine or Belarus. You can either have the documents returned somewhere else and send them to these countries yourself, or use the e-Apostille service instead.