One of the purposes of the changes to the insolvency rules that were introduced in England and Wales in 2016 and subsequently the Scottish Rules in 2018* was to modernise the language used. The term ‘affidavit’ was replaced with ‘statutory declaration.’

A statutory declaration is a written statement of fact where a declarant affirms that the facts stated are true to the best of their knowledge and is governed by the Statutory Declarations Act 1835 (‘Act’). A statutory declaration must be witnessed in front of a prescribed person.

England and Wales

In England and Wales, the following persons are prescribed persons:

1.       A Commissioner for Oaths:

a person commissioned by the Lord Chancellor to administer oaths or affidavits for the purposes of any court matter in England or Wales.

2.       A Solicitor:

all solicitors that hold a valid practising certificate are entitled to act as a Commissioner for Oaths. Solicitors are not authorised to carry out “notarial acts” unless they are also notaries.

3.       A Notary Public:

a lawyer and public official specialising in the authentication and certification of signatures, authority and capacity relating to documents. By virtue of their role, notaries can act in effect as a Commissioner for Oaths.

4.       A Justice of the Peace:

is an ordinary citizen empowered to hear minor civil and criminal cases in their local community.

5.       Any other qualified person:

Includes members of the armed forces ranked Major, Lieutenant-Commander or Squadron Leader and above, as well as British Consular and Diplomatic officers posted abroad.

* The Insolvency (Scotland) (Company Voluntary Arrangements and Administration) Rules 2018 and the Insolvency (Scotland) (Receivership and Winding Up) Rules 2018, taken together, the Scottish Rules 2018.