Commissioner for Oaths Information

Find useful information about who holds the office of Commissioner for Oaths and what they do, along with explanations of some of the more important terminology and issues surrounding the role.

When you find a need for the services of one it will probably be because you are told to get a signature witnessed or affidavit sworn. Normally this would be for the ‘proper witnessing’ of important documents or for use in court proceedings e.g. in a divorce action.

Some of the more regular ‘customers’ are Process Servers. They need to swear affidavits when they have formally served a document on another person. This acts as evidence of the service of that document which typically relates to legal proceedings.

In English law, a Commissioner for Oaths is appointed by the Lord Chancellor. The 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 the legal system.

The right to use the title “Commissioner for Oaths” comes from statute law (section 113(10) Courts and Legal Services Act 1990).

As a starting point here is a list of the legal professionals who are Commissioners for Oaths automatically:

• Barrister
• Solicitor
• Fellow of the Institute of Legal Executives
• Notary Public
• Licenced Conveyancer

If you are using a lawyer in legal proceedings the same lawyer should not administer an oath in connection with the same proceedings. This is mandatory for solicitors but is seen a good practice for other lawyers who hold the office.

When you need a Commissioner for Oaths to provide a service for you can of course try your local Solicitor but not all provide the service. You may have to make several enquiries before you find one who will actually provide the service for you. This is probably because the fees have not risen for such a long time.

There are others who can administer oaths and take affidavits according to the Civil Procedure Rules:

• Designated Supreme Court officials
• Designated County Court officials
• Circuit Judges
• District Judges
• Justices of the Peace (i.e. lay Magistrates)

Whilst none of the above are actually a Commissioner for Oaths they do have similar powers.