Who Can Witness a Statutory Declaration in the UK?

A person with legal authority to administer oaths where you sign. The Statutory Declarations Act 1835 lets a Justice of the Peace, a notary public or another officer authorised by law to administer an oath take a declaration. In England and Wales, the administration of oaths is a reserved legal activity, and people authorised to carry it on can use the title Commissioner for Oaths (Legal Services Act 2007, s.183).

Do not assume an ordinary deed-poll witness or a professional title is sufficient on its own. The person must hold one of these roles and be willing to act for your document. HM Passport Office’s extra categories, such as senior armed forces officers, apply to passport evidence.

HM Passport Office’s caseworker guidance accepts a statutory declaration witnessed by:

• a solicitor, notary public, Justice of the Peace or commissioner for oaths;
• a councillor, in Scotland only, if the declaration is dated on or after 10 December 2007;
• an armed forces officer with the rank of major, lieutenant commander or squadron leader, or above; or
• another person authorised by law to administer an oath, such as a British diplomat or consular officer.

HM Passport Office staff cannot witness a declaration. The witness may charge a fee, including consular officials. Other organisations set their own rules, so if you are using an armed forces officer or councillor, check that the recipient accepts them. See the passport name-change guide for the rest of the evidence.

Anyone with an interest in the matter. In England and Wales, a Commissioner for Oaths may not act in any proceedings in which they represent any of the parties or are interested (Legal Services Act 2007, s.183(3)); section 1(3) of the Commissioners for Oaths Act 1889 contains a similar bar on acting where the commissioner is interested. Do not use:

• the solicitor representing you in the matter the declaration is about;
• anyone named in or benefiting from the declaration;
• a friend or relative acting only as an ordinary witness, as for a deed poll; the law does not bar relatives by name, but they are not authorised unless they hold one of the roles above, and even then they must not be interested in the matter;
• HM Passport Office staff, for passport evidence.

Choose a local solicitor, notary or court service with no connection to your affairs.

You sign in front of the witness — never pre-sign. A typical appointment runs like this:

1. Bring the completed, unsigned declaration, any exhibits and the photo ID the witness asks for. The Scottish Courts and Tribunals Service, for example, asks for identification such as a passport or photocard licence.
2. The witness checks who you are and asks you to confirm that the contents are true. A Scottish JP will ask you to take an oath or affirm.
3. You sign in the name given in the declaration, in the witness’s presence.
4. The witness completes the jurat with the place and date, which an authorised person in England and Wales must state (s.183(4)), their signature, name and capacity, and a stamp if they use one. They also mark each exhibit.
5. You pay the witnessing fee, set out in the next section.

Drafting and advice are separate. Scottish JPs do not compose or supply forms, so bring your document ready to sign. Ask for the applicable fee for other jurisdictions and notarial services.

£5 per person, plus £2 for each exhibit that must be marked, with a Commissioner for Oaths in England and Wales, including VAT where payable. Other routes differ:

• Magistrates’ court (England and Wales): the fee for an oath, affirmation or statutory declaration where no other fee is specified is £32 from 13 July 2026. HMCTS’s GRC guidance says to contact your local magistrates’ court to find out when it hears declarations and whether it will charge or waive the fee.
• County Court: HMCTS says staff witness form PE3, the penalty charge statutory declaration, free at most hearing centres, by appointment where needed. A council parking PCN uses form TE9 instead, which needs no witness.
• Scotland: JP signing is currently free; a solicitor or notary may charge for drafting or notarial work.
• Notaries and overseas use: notarial acts and apostilles are priced separately.

Read the full cost breakdown before you book.

In Scotland, a solicitor, advocate or notary public can take a declaration without being in the same room: since 1 October 2022, section 10A of the Requirements of Writing (Scotland) Act 1995 disapplies physical-presence requirements for those professionals (inserted by the Coronavirus (Recovery and Reform) (Scotland) Act 2022). That change does not cover Justices of the Peace, and the organisation receiving the declaration must still accept it.

For England, Wales and Northern Ireland, physical presence is the norm and the safest route. HMCTS’s guidance for GRC declarations, for example, says you must read and sign your declaration in front of the person administering the oath. Do not assume a video appointment is legally sufficient: the specific procedure must permit remote witnessing and the receiving organisation must accept the method; ask an authorised professional to confirm both. When in doubt, sign in person. Prepare your document first with our £9.99 generator.

Usually a local notary public. The Foreign, Commonwealth & Development Office says British embassies and consulates offer very limited notarial services and that a local notary or lawyer is usually cheaper and easier:

• Commonwealth countries: British high commissions and consulates cannot administer oaths, affirmations or affidavits for any reason. Use a local notary public or commissioner of oaths.
• Other countries: use a local notary. You can ask the embassy or consulate only if a local notary cannot do it or the local authority insists it is done there, by sending an online enquiry explaining why.

HM Passport Office accepts statutory declarations from Commonwealth countries that meet that country’s rules, and overseas equivalents where it has no concerns about authenticity and the country allows a change of name. If the declaration will be used in another country, ask the recipient whether it also needs an apostille.