Civil Law (Miscellaneous Provisions) Act 2008


Amendment of section 2 of Statutory Declarations Act 1938.

49.— Section 2 of the Statutory Declarations Act 1938 is amended—

( a) by substituting the following for subsection (2):

“(2) Save as is otherwise provided by this section, a person (‘the first-mentioned person’) shall not take or receive a statutory declaration from another person (‘ the declarant ’) unless—

( a) the declarant is personally known to the first-mentioned person or is identified to him or her by a person who is personally known to him or her, or

( b) if paragraph ( a) is not applicable, the first-mentioned person—

(i) before taking or receiving the declaration, establishes the identity of the declarant by reference to a relevant document containing a photograph of the declarant, and

(ii) states in the attestation that the identity of the declarant has been so established and gives particulars of the relevant document concerned.”,


( b) by inserting the following after subsection (3):

“(4) In subsection (2) ‘ relevant document ’ means—

( a) a valid passport issued by or on behalf of an authority recognised by the Government,

( b) a national identity card issued by the authorities of—

(i) a Member State,

(ii) the Swiss Confederation, or

(iii) a Contracting Party to the EEA Agreement,

( c) a document which is equivalent to a passport, issued by or on behalf of an authority recognised by the Government, which establishes the identity and nationality of the person to whom the document relates,

( d) a travel document issued by the Minister for Justice, Equality and Law Reform under section 4 of the Refugee Act 1996, or

( e) a travel document other than a document to which paragraph ( d) refers issued by the State solely for the purpose of providing the holder with a document which can serve in lieu of a national passport.

(5) In subsection (4), ‘ EEA Agreement ’ means the Agreement on the European Economic Area signed at Oporto on the 2nd of May 1992 as amended for the time being.”.