What is a statutory declaration and when do you need one in the UK?
A statutory declaration is a written statement of fact that you sign in front of an authorised witness and declare to be true. It is used for a wide range of purposes including changing your name, declaring ownership of a vehicle, confirming a lost document, and supporting many official applications. The legal basis is the Statutory Declarations Act 1835.
Who is authorised to witness a statutory declaration in England and Wales?
A statutory declaration must be witnessed by a solicitor, a commissioner for oaths, or a notary public. Justices of the Peace (magistrates) in England and Wales can also witness statutory declarations free of charge at the magistrates court — this is the cheapest option for most people.
How do I find a commissioner for oaths near me?
Many solicitors are also commissioners for oaths and will witness a declaration for a small fee (typically £5–£15 under the statutory scale). You can search the Law Society's Find a Solicitor tool at solicitors.lawsociety.org.uk. Local magistrates courts offer free witnessing for members of the public without an appointment in many areas.
Can I make a statutory declaration for a name change without a deed poll?
Yes. A statutory declaration is a recognised alternative to a deed poll for evidencing a name change. Some organisations prefer a deed poll, but a statutory declaration signed before a commissioner for oaths or JP is legally effective evidence of your change of name and is accepted by many government bodies including DVLA and many banks.
What is the difference between a statutory declaration and an affidavit?
Both are sworn written statements, but an affidavit is specifically used in court proceedings and is sworn on oath before a court officer, solicitor, or commissioner for oaths. A statutory declaration is made outside court proceedings under the Statutory Declarations Act 1835 and is used for administrative and evidential purposes rather than litigation.
What happens if I make a false statutory declaration?
Making a false statutory declaration is a criminal offence under the Perjury Act 1911. You can be prosecuted and face up to two years' imprisonment. The declaration contains a perjury warning and you must read and understand it before signing. Never sign a statutory declaration that contains information you do not know to be true.
Can I use a statutory declaration to claim ownership of a vehicle with no V5C?
Yes. If you have purchased a vehicle and the V5C logbook is missing, DVLA accepts a statutory declaration confirming the purchase and ownership details when you apply for a replacement V5C using form V62. The declaration should set out how you acquired the vehicle, the date, and the purchase price paid.
Does a statutory declaration need to be on a special form?
There is no single prescribed form for all statutory declarations. The wording must follow the standard format set out in the Statutory Declarations Act 1835, including the opening declaration and the jurat at the end confirming it was signed before a witness. Many declarations are typed on plain paper provided it includes the correct wording.
Are statutory declarations used the same way in Scotland?
Scotland has a separate legal system. Written declarations in Scotland are more commonly made as affidavits or statutory declarations under the same 1835 Act, but are witnessed by a solicitor or notary public. Justices of the Peace in Scotland can also witness declarations. Citizens Advice Scotland can advise on the correct format for Scottish purposes.
How does uplaw.ai help with statutory declarations in the UK?
Tell uplaw.ai the purpose of your declaration — name change, lost document, vehicle ownership, or another reason — and we will draft the correctly worded statutory declaration for you to take to a commissioner for oaths or JP for witnessing. We handle the wording so you just need to sign in front of the witness.
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