                    COMMISSIONERS FOR OATHS                      [ CAP.  79.           1
CHAPTER 79 
COMMISSIONERS FOR OATHS ORDINANCE 
To regulate the appointment and duties of Commissioners for Oaths.
(6th February, 1934) *
Enacted by ORDINANCE VIII of 1934, as amended by Ordinance XXX
of 1936; Act XIX of 1955; Legal Notices: 4 of 1963, 46 of 1965; Acts:
XXVIII of 1965, XXXI of 1966, XVIII of 1971, LVIII of 1974; Legal Notice
148 of 1975; and Acts: XXXVI of 1979, XXXVI of 1986 and XX of 1988.
Short title.
Oaths Ordinance.
Interpretation. 
Added by:
XXVIII. 1965.2
2. In this Ordinance, unless the context otherwise requires -
"oath", "swear" and "affidavit" include, in the case of persons
allowed by any law to make a declaration or affirmation instead of
taking an oath, a declaration or affirmation.
Appointment of 
Commissioners for 
Oaths.  Amended 
by: 
XIX. 1955.2; 
L.N. 4 of 1963; 
XXVII 1965.3; 
XXXI. 1966.2; 
LVIII. 1974.68. 
Substituted by: 
XXXVI. 1979.2. 
Amended by: 
XXXVI. 1986.2; 
XX. 1988.2.
3. (1) The Minister responsible for justice may from time to
time, by warrant under his hand, appoint persons, being public
officers, advocates, or legal procurators, to be Commissioners for
Oaths, and may at any time revoke any such appointment.
(1A)  The Minister responsible for justice may from time to time,
by warrant under his hand, appoint persons who have passed the
examinations of the fourth academic year of the course of laws at
the University of Malta, and who are performing duties in the
Office of the Attorney General to be Commissioners for Oaths, and
may at any time revoke any such appointment.
(2) The Minister responsible for justice may also, from time to
time, appoint persons, whether or not they are public officers,
performing functions relating to the foreign service of the
Government in any country outside Malta, to be Commissioners for
Oaths in that country, and may at any time revoke any such
appointment.
(3) The appointment of a public officer to be a Commissioner
for Oaths and any appointment under subsection (2) of this section
may be made either personally or by the designation of the office
held or the functions performed by the person to be so appointed.
(4) The Attorney General may appoint any person holding the
warrant of Notary Public, who makes an application for that
purpose to the Attorney General, to be a Commissioner for Oaths;
such appointment may be relinquished by such Notary Public by
notice in writing to the Attorney General. The appointment shall
cease when the person holding the appointment shall cease to hold
the warrant of Notary Public and may be revoked at any time by the
Attorney General.
(5) Every appointment made under this section shall be
* See  Proclamation No. III of the 6th February, 1934.
  2        CAP. 79. ]                COMMISSIONERS FOR OATHS     
published in the Government Gazette, and every such appointment
made after 1st January, 1980 shall have effect only from the date of
such publication.
Powers of 
Commissioners for 
Oaths.  Amended 
by: 
XIX. 1955.3; 
XXVIII. 1965.4.
4. A Commissioner for Oaths may administer any oath and
take any affidavit for the purposes of any matter required by the
laws of Malta or of any other country, or which is connected with
any proceedings taken or to be taken before any court, or is
reasonably intended to serve for a judicial purpose, or relates to the
exercise of any civil right:
  Provided that a Commissioner for Oaths shall not exercise any
of the powers given by this section in any proceedings in which he
is the advocate or legal procurator for any of the parties to the
proceedings or in which he is interested.
Duty of 
Commissioner for 
Oaths. 
Substituted by 
XXXVI. 1979.3.
5. (1) Every Commissioner for Oaths shall, before adminis-
tering any oath, satisfy himself as to the identity of the person
taking the oath and that such person thoroughly understands what
he is going to swear to.
(2) The identity of the person taking the oath shall be
ascertained by the production of the official identity card, passport
or other similar official document.
Commissioners for 
Oaths  ex officio . 
Amended by: 
XXX. 1936.3; 
L.N. 46 of 1965; 
XVIII.1971.4; 
LVIII.1974.68; 
L.N. 148 of 1975; 
XX.1988.3.
6. The Attorney General, the Deputy Attorney General, the
Assistants to the Attorney General, the Senior Counsel for the
Republic and the Counsel for the Republic and the magistrates shall
be  ex officio  Commissioners for Oaths.
Particulars to be 
stated in  jurat  or 
attestation.
7. Every Commissioner for Oaths before whom any oath or
affidavit is taken or made under this Ordinance shall state truly in
the  jurat  or attestation at what place and on what date the oath or
affidavit is taken or made.
Trial of offences.  
Added by: 
XXVIII. 1965.5.  
Cap. 9.
8. Where the offence referred to in section 108 of the
Criminal Code is committed before any officer appointed to be a
Commissioner for Oaths under subsection (2) of section 3 of this
Ordinance, the offender may in Malta be prosecuted, tried and
punished in the same manner and to the same extent as if the
offence had been committed in Malta.
Power of Minister 
responsible for 
justice to make 
regulations. 
Amended by: 
L.N. 4 of 1963; 
XXXI. 1966.2.
9. It shall be lawful for the Minister responsible for justice to
make regulations prescribing the form and manner in which any
oath shall be administered, the form in which any affidavit shall be
drawn up and subscribed, and the fees which may be charged by
any Commissioner for Oaths in respect of the administration of any
oath or the taking of any affidavit.
