When dealing with legal documents in Scotland, you may hear the terms “administering an oath” and “notarising a statutory declaration.” Although they sound similar, they are different processes with different purposes. Here’s a clear guide to help you understand what each means, and when you might need them.
What Does It Mean to Administer an Oath?
- Definition: An oath (or solemn affirmation) is a promise to tell the truth in a legal context.
- Who administers it? A solicitor or notary public.
- How it works:
- The person/deponent either swears on a holy book (such as the Bible, Quran, or Torah) or makes a non-religious solemn affirmation.
- The lawyer confirms that the oath/affirmation has been taken correctly.
- Common uses:
- Giving evidence in court.
- Swearing an affidavit.
- Confirming the truth of statements in legal proceedings.
Key point: Administering an oath is all about swearing the truth of what you are saying, usually for court or formal legal proceedings.
What Is a Statutory Declaration in Scotland?
- Definition: A statutory declaration is a written statement of fact, declared to be true under statutory authority.
- Who notarises it? A solicitor or notary public.
- How it works:
- You sign a written declaration in front of the solicitor/notary.
- They formally certify that it was declared before them.
- No oath is required – it’s a declaration, not a sworn statement.
- Common uses:
- Proving identity, nationality, or marital status.
- Business or company filings.
- Property and financial transactions.
- Immigration or visa applications.
Key point: A statutory declaration is not about giving evidence but about confirming facts in writing for administrative or regulatory purposes.
Why This Matters for You
If you’re asked to “swear on oath,” it will usually be in connection with court proceedings or an affidavit.
If you’re asked to “make a statutory declaration,” it’s usually required by an organisation, government body, or regulator to prove facts in writing.
Both procedures must be carried out properly by a solicitor or notary public to be legally valid.
Need Help in Scotland?
At XK Solicitors Aberdeen, we regularly assist clients with:
- Administering oaths and affirmations.
- Preparing and notarising statutory declarations.
- Explaining when each is required for your situation.
Contact us today for straightforward advice and fast appointments.
Ready to discuss your case?
Email XK Family Law Solicitors in Aberdeen at:
info@xksolicitors.co.uk
Our website articles are not legal advice. We accept no responsibility for use of this information.
For advice on your specific circumstances, contact XK Family Law Solicitors Aberdeen directly.