Regulation 1
Citation
These Rules may be cited as the Commissioners for Oaths Rules.
/akn/sg/act/sub_leg/1969/SCJA-R3
Commissioners for Oaths Rules
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- Type
- Subsidiary Legislation
- Status
- In force
- Enacted
- 1969
- Sections
- 14
Quick answer
About this subsidiary legislation
Commissioners for Oaths Rules is Singapore Subsidiary Legislation, cited as Subsidiary Legislation SCJA-R3 1969, currently marked in force and first recorded in 1969.
Regulation 2
Definitions
Amended byS 81/2021 wef 05/02/2021S 21/2023 wef 16/01/2023
In these Rules —“Academy” means the Singapore Academy of Law constituted under the Singapore Academy of Law Act (Cap. 294A);“affidavit” includes affirmation, statutory or other declaration;“court officer” means —
(a)
an officer (other than an interpreter) attached to the State Courts under section 14 of the State Courts Act (Cap. 321); or
(b)
an officer (other than an interpreter) attached to the Supreme Court under section 67(1) of the Act;[Deleted by S 16/2022 wef 14/01/2022]“oath” includes affirmation and declaration;“PD Officer” has the meaning given by section 82(3) of the Legal Profession Act 1966;“Secretary” means the Secretary to the Senate;“Senate” means the Senate of the Academy;“swear” includes affirm and declare;
Definition
“Academy” means the Singapore Academy of Law constituted under the Singapore Academy of Law Act (Cap. 294A);
Definition
“court officer” means —
(a)
an officer (other than an interpreter) attached to the State Courts under section 14 of the State Courts Act (Cap. 321); or
(b)
an officer (other than an interpreter) attached to the Supreme Court under section 67(1) of the Act;
Amended byS 81/2021 wef 05/02/2021
Definition
“PD Officer” has the meaning given by section 82(3) of the Legal Profession Act 1966;
Amended byS 21/2023 wef 16/01/2023
Regulation 3
Persons eligible
Amended byS 473/2009 wef 09/10/2009S 16/2022 wef 14/01/2022S 21/2023 wef 16/01/2023S 81/2021 wef 05/02/2021S 258/2006 wef 15/05/2006S 258/2006 wef 15/05/2006S 258/2006 wef 15/05/2006
Subregulation 1
Amended byS 473/2009 wef 09/10/2009S 16/2022 wef 14/01/2022S 21/2023 wef 16/01/2023
An advocate and solicitor who has for an aggregate period of not less than 7 years been in active practice or been a Judicial Service Officer, a Legal Service Officer or a PD Officer shall be eligible for appointment as a commissioner for oaths.
Subregulation 2
Officers in the employment of Government ministries, departments, statutory boards and Government-linked companies shall be eligible for appointment by the Senate as commissioners for oaths.
Subregulation 3
Amended byS 81/2021 wef 05/02/2021
Court interpreters and court officers shall be eligible for appointment by the Senate as commissioners for oaths.
Subregulation 4
Amended byS 258/2006 wef 15/05/2006
Employees of such non-profit organisations as the Senate may designate shall be eligible for appointment by the Senate as commissioners for oaths.
Subregulation 5
Amended byS 258/2006 wef 15/05/2006
The Senate may at any time revoke the designation of a non-profit organisation referred to in paragraph (4).
Subregulation 6
Amended byS 258/2006 wef 15/05/2006
The Senate shall cause to be published from time to time in the Gazette a list of the designated non-profit organisations referred to in paragraph (4) or whose designations have been revoked under paragraph (5).
Regulation 4
Duration of appointment
Subregulation 1
Commissioners for oaths shall be appointed for a period of one year and may be reappointed for each subsequent year as the Senate may, in its discretion, decide.
Subregulation 2
In appointing commissioners for oaths, the Senate shall have regard to the number of commissioners already practising in the place where the applicant proposes to practise and to the convenience of the inhabitants of that place.
Regulation 5
Application procedure
Amended byS 473/2009 wef 09/10/2009S 16/2022 wef 14/01/2022S 21/2023 wef 16/01/2023S 258/2006 wef 15/05/2006S 81/2021 wef 05/02/2021
Subregulation 1
Applications for reappointment as commissioners for oaths shall be lodged with the Secretary 2 clear months before the expiry of each preceding period of appointment.
Subregulation 2
Amended byS 473/2009 wef 09/10/2009S 16/2022 wef 14/01/2022S 21/2023 wef 16/01/2023S 258/2006 wef 15/05/2006S 81/2021 wef 05/02/2021
The procedure for applying for appointment or reappointment as a commissioner for oaths shall be as follows:
(a)
an advocate and solicitor shall lodge with the Secretary an application for his appointment or reappointment as a commissioner for oaths, setting forth —
(i)
his date of admission to the roll of the Supreme Court and the number of years that he has been in active practice or been a Judicial Service Officer, a Legal Service Officer or a PD Officer;
(ii)
whether he is or ever been an undischarged bankrupt or has made an arrangement with his creditors;
(iii)
whether he has ever been convicted of any criminal offence;
(iv)
whether he has ever been found guilty of any professional misconduct; and
(v)
whether he is or has been the subject of disciplinary proceedings under Part VII of the Legal Profession Act (Cap. 161), and if so, the date and nature of the complaint, whether the complaint resulted in the appointment of a Disciplinary Committee, and if so, the result of its inquiry;
(b)
a person who is not an advocate and solicitor shall lodge with the Secretary an application for his appointment or reappointment as a commissioner for oaths, setting forth —
(i)
where and for how long he has been employed;
(ii)
the capacity in which he is applying for appointment as commissioner for oaths;
(iii)
whether he is or has ever been an undischarged bankrupt or has made an arrangement with his creditors;
(iv)
whether he has ever been convicted of any criminal offence;
(v)
whether disciplinary proceedings has ever been initiated against him; and
(vi)
whether he is or has ever been found guilty of any professional misconduct; and
(c)
an applicant who is a person referred to in rule 3(2) or (4) or a court officer shall annex to his application form a schedule (to be referred to as “Schedule I”) setting out the nature of the documents which he will take and receive if appointed as a commissioner for oaths; and the schedule may be updated during his term of appointment by his employer notifying the Secretary of any changes to the schedule.
Regulation 6
Register of commissioners for oaths
The particulars of every commissioner for oaths appointed by the Senate shall be registered with the Senate in a register maintained by the Secretary in such form as the Senate may determine.
Regulation 7
Limitation of appointment
Amended byS 258/2006 wef 15/05/2006S 81/2021 wef 05/02/2021
Subregulation 1
Advocates and solicitors who are appointed commissioners for oaths may administer oaths for taking any affidavit or affirmation or for the swearing of executors and administrators in accordance with section 68(2)(c)(ii) and (v) of the Act and of taking and receiving statutory declarations in accordance with section 68(2)(d) of the Act.
Subregulation 2
Court interpreters may be appointed commissioners for oaths to administer oaths in accordance with section 68 of the Act, subject to such limitations as the Senate may determine or as may be stated in the certificate of appointment.
Subregulation 3
Amended byS 258/2006 wef 15/05/2006S 81/2021 wef 05/02/2021
Officers referred to in rule 3(2), employees referred to in rule 3(4) and court officers may be appointed commissioners for oaths to take and receive the documents specified in Schedule I of their applications and subject to such other limitations as the Senate may determine or as may be stated in the certificate of appointment.
Regulation 8
Language of deponents
Amended byS 439/98 wef 01/09/1998
Subregulation 1
Subject to paragraph (2), no advocate and solicitor who is appointed as a commissioner for oaths shall cause an affidavit or statutory declaration to be taken by, or an oath to be administered to, any person other than a deponent who speaks and understands the English language.
Subregulation 2
Amended byS 439/98 wef 01/09/1998
An advocate and solicitor who is appointed as a commissioner for oaths and who is proficient in a language or dialect other than English may, in his discretion, cause an affidavit or statutory declaration to be taken by, or an oath to be administered to, a deponent in such language or dialect if the deponent speaks and understands the language or dialect in which the advocate and solicitor is proficient.
Regulation 9
Restriction
No advocate and solicitor so appointed shall act as a commissioner for oaths in any matter or business in which he or any member of his firm is acting as advocate and solicitor.
Regulation 10
Fees
Amended byS 309/2016 wef 01/07/2016
Subregulation 1
The fees payable to the Academy —
(a)
for an application for appointment or reappointment as a commissioner for oaths; and (b)for each appointment or reappointment as a commissioner for oaths, are specified in Part I of the Schedule.
Subregulation 2
No fee paid to the Academy for an application mentioned in paragraph (1)(a) is refundable.
Subregulation 3
Amended byS 309/2016 wef 01/07/2016
The fees to be charged by a commissioner for oaths are specified in Part II of the Schedule.
Regulation 11
Instruments of appointment
Subregulation 1
Every commissioner for oaths shall upon appointment or reappointment receive a certificate of appointment.
Subregulation 2
Every commissioner for oaths shall exercise his appointment or reappointment in accordance with the conditions stated in the certificate of appointment.
Subregulation 3
Every commissioner for oaths shall upon appointment or reappointment receive a commissioner’s stamp from the Academy specifying the expiry date of the appointment or reappointment.
Subregulation 4
Every commissioner for oaths shall stamp the expiry date of his appointment or reappointment on every document administered in exercise of his appointment or reappointment.
Regulation 12
Register of documents administered
Every commissioner for oaths shall —
(a)
keep a register of documents taken in exercise of his appointment;
(b)
furnish such information as the Secretary may require; and
(c)
make the register available for inspection by the Secretary upon request.
Regulation 13
Revocation of appointment
Amended byS 258/2006 wef 15/05/2006S 81/2021 wef 05/02/2021S 258/2006 wef 15/05/2006
Subregulation 1
Amended byS 258/2006 wef 15/05/2006S 81/2021 wef 05/02/2021S 258/2006 wef 15/05/2006
The appointment of a commissioner for oaths shall be deemed to be revoked —
(a)
when he is adjudged a bankrupt;
(b)
when he is convicted of an offence for which he is sentenced to a term of imprisonment (except where the imprisonment is imposed in default of payment of a fine);
(c)
in the case of an officer referred to in rule 3(2), a court interpreter or a court officer, when he is dismissed from service or reduced in rank or his employment is terminated; (d)in the case of an advocate and solicitor, when he is suspended or struck off the roll of the Supreme Court of Singapore; or
(e)
in the case of an employee of a non-profit organisation designated under rule 3(4), when —
(i)
his employment is terminated; or
(ii)
the Senate revokes the designation of the non-profit organisation under rule 3(5).
Subregulation 2
Any commissioner for oaths whose appointment is automatically revoked in accordance with paragraph (1) shall forthwith return to the Secretary his certificate of appointment and commissioner’s stamp.
Regulation 14
List of commissioners for oaths
The Senate shall cause to be published from time to time in the Gazette a list of commissioners for oaths appointed and reappointed, or whose appointments have been revoked.
Common questions
- What is Commissioners for Oaths Rules?
- Commissioners for Oaths Rules is Singapore Subsidiary Legislation, cited as Subsidiary Legislation SCJA-R3 1969, currently marked in force and first recorded in 1969.
- Is Commissioners for Oaths Rules still in force?
- Yes — Commissioners for Oaths Rules is currently in force.
- When did Commissioners for Oaths Rules take effect?
- Commissioners for Oaths Rules was first recorded in 1969.
- How many regulations does Commissioners for Oaths Rules have?
- Commissioners for Oaths Rules contains 14 regulations.
- Where can I read the official version of Commissioners for Oaths Rules?
- The official text of Commissioners for Oaths Rules is published at sso.agc.gov.sg.