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Diplomatic and Consular Officers (Provision of Services) Act, 1993

In short

This law consolidates and amends previous acts concerning diplomatic and consular officers, primarily focusing on their ability to provide certain services and charge fees for them. It also grants them powers related to oaths and notarial acts abroad.

What it regulates

  • The fees charged by diplomatic and consular officers for specified services.
  • The administration of oaths and performance of notarial acts by these officers in other countries.
  • The collection, disposal, and recovery of fees charged under this Act.
  • The offense of perjury related to oaths taken under this Act.

Who it concerns

  • Civil servants employed as heads of mission, members of diplomatic staff, or career consular officers.
  • Honorary consular officers appointed by the Minister for Foreign Affairs.
  • Any officer of the Minister for Foreign Affairs appointed to apply sections 3 (other than subsection (2)) and 4 of this Act.

Key points

  • The Minister for Foreign Affairs, with the consent of the Minister for Finance, can set fees for services.
  • Regulations for fees can vary for different classes of officers and different countries.
  • Fees are collected as directed by the Minister for Finance and paid into the Exchequer.
  • Unpaid fees can be recovered as a simple contract debt in court.
  • Officers can administer oaths and perform notarial acts abroad, which are as valid as if done in the State.
  • Falsely swearing under an oath taken in accordance with this Act constitutes perjury.
  • This Act repealed the Commissioners for Oaths (Diplomatic and Consular) Act, 1931, and the Diplomatic and Consular Fees Act, 1939.
  • The Act came into operation one month after its passing on December 21st, 1993.
Legal text
Legal text

Diplomatic and Consular Officers (Provision of Services) Act, 1993 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.

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  3. s)or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 1993 Diplomatic and Consular Officers (Provision of Services) Act, 1993 Diplomatic and Consular Officers (Provision of Services) Act, 1993 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Print Full ActPriontáil an tAcht Iomlán Number 33 of 1993 DIPLOMATIC AND CONSULAR OFFICERS (PROVISION OF SERVICES) ACT, 1993 ARRANGEMENT OF SECTIONS Section 1. Interpretation. 2. Application of Act. 3. Regulations fixing fees. 4. Collection, disposal and recovery of fees. 5. Powers as to oaths and notarial acts abroad. 6. Perjury. 7. Expenses. 8. Repeals and savings. 9. Short title and commencement. Acts Referred to Civil Service Regulation Act, 1956 1956, No. 46 Commissioners for Oaths (Diplomatic and Consular) Act, 1931 1931, No. 9 Diplomatic and Consular Fees Act, 1939 1939, No. 31 Diplomatic Relations and Immunities Act, 1967 1967, No. 8 Public Offices Fees Act, 1879 42 & 43 Vic., c. 25 Number 33 of 1993 DIPLOMATIC AND CONSULAR OFFICERS (PROVISION OF SERVICES) ACT, 1993 AN ACT TO CONSOLIDATE WITH AMENDMENTS THE COMMISSIONERS FOR OATHS (DIPLOMATIC AND CONSULAR) ACT, 1931 , AND THE DIPLOMATIC AND CONSULAR FEES ACT, 1939 , AND TO PROVIDE FOR CONNECTED MATTERS. [21st December, 1993] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: Interpretation. 1.—In this Act— “the Act of 1967” means the Diplomatic Relations and Immunities Act, 1967 ; “affidavit” includes affirmation, statutory declaration or other declaration, acknowledgment, examination and attestation or protestation of honour; “career consular officer” and “honorary consular officer” shall be construed in accordance with Article 1 of the Vienna Convention on Consular Relations done at Vienna on the 24th day of April, 1963, which Convention is set out in the Second Schedule to the Act of 1967 ; “civil servant” has the meaning assigned to it by section 1

(1)of the Civil Service Regulation Act, 1956 ; “head of mission” and, in relation to a mission, “member of the diplomatic staff” have the meanings assigned to them respectively in Article 1 of the Vienna Convention on Diplomatic Relations done at Vienna on the 18th day of April, 1961, which Convention is set out in the First Schedule to the Act of 1967 and “mission” shall be construed accordingly; “the Minister” means the Minister for Foreign Affairs; “oath” includes affirmation and declaration; “swear” includes affirm, declare and protest. Application of Act. 2.—This Act applies to the following persons, that is to say: (a) a civil servant employed as a head of mission, a member ofthe diplomatic staff of a mission or a career consular officer; and (b) an honorary consular officer appointed by the Minister; and, other than sections 5 and 6 , shall also apply to any officer of the Minister appointed by the Minister to be a person to whom sections 3 (other than subsection
(2)thereof) and 4 of this Act apply. Regulations fixing fees. 3.—
(1)The Minister may, with the consent of the Minister for Finance, make regulations fixing the fees to be charged for such services as are specified in such regulations when rendered by a person to whom section 2 of this Act applies.
(2)Without prejudice to the generality of subsection
(1)of this section, the Minister may, with the consent of the Minister for Finance, make regulations fixing the fees to be charged by persons to whom section 5 of this Act applies in respect of the administering, taking or doing of any oath, affidavit or notarial act authorised by that section to be administered, taken or done by them.
(3)Regulations made under this section may differentiate between different classes of persons to whom this Act applies and between different countries and places.
(4)Regulations made under this section may also provide for— (
  1. a)the waiver in specified circumstances of any fee fixed by those regulations or by any other regulations made under this section, (
  2. b)subject to section 4 of this Act, any other matter or thing relating to fees to be charged by virtue of this section.
(5)Every regulation made under this section shall be laid before each House of the Oireachtas as soon as may be after it is made, and if a resolution annulling such regulation is passed by either such House within the next subsequent 21 days on which such House has sat after such regulation is laid before it, such regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder. Collection, disposal and recovery of fees. 4.—The following provisions shall have effect in respect of every fee charged under regulations made under this Act, that is to say: (
  1. a)such fee shall be collected and taken in such manner as the Minister for Finance shall from time to time direct and shall be paid into or disposed of for the benefit of the Exchequer in accordance with the directions of the said Minister; (
  2. b)the Public Offices Fees Act, 1879, shall not apply in respect of such fee; and (
  3. c)such fee shall, in default of payment by the person liable under such regulations for the payment thereof, be recoverable from such person as a simple contract debt in any court of competent jurisdiction. Powers as to oaths and notarial acts abroad. 5.—
(1)Every person to whom this section applies may, in any country or place outside the State in which he is for the time being exercising the functions of his office, administer any oath and takeany affidavit, and may also do any notarial act which a notary public can do in the State, and every oath, affidavit and notarial act administered, sworn or done by or before such person in such country or place shall be as effectual as if duly administered, sworn or done by or before any lawful authority in the State.
(2)Any document purporting to have affixed thereon or thereto, or to have impressed thereon, the seal of any person or of a mission and to have subscribed thereto the signature of such person, being a person to whom this section applies, in testimony of any oath, affidavit or act being administered, taken or done by or before him, shall be admitted in evidence (saving all just exceptions) without proof of the seal or signature being the seal of such person or mission or signature of such person, or of the status and official character of such person. Perjury. 6.—
(1)Every person who wilfully and corruptly swears falsely in any oath or affidavit taken or made in accordance with section 5 of this Act shall be guilty of the offence of perjury in every case where if he had so sworn in a judicial proceeding before a court of competent jurisdiction he would be guilty of the offence of perjury.
(2)A person charged with the offence of perjury under this section may be proceeded against, indicted, tried and punished in any county or county borough in which he was apprehended or is in custody as if such offence had been committed in such county or county borough, and for all purposes incidental to or consequential on the prosecution, trial or punishment of such offence, it shall be deemed to have been committed in such county or county borough. Expenses. 7.—The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas. Repeals and savings. 8.—
(1)The Commissioners for Oaths (Diplomatic and Consular) Act, 1931 , and the Diplomatic and Consular Fees Act, 1939 , are hereby repealed.
(2)Notwithstanding subsection
(1)of this section, regulations made under either or both of the Acts referred to in that subsection shall, to the extent that they are subsisting regulations, continue in operation and be deemed to have been made under and duly laid in accordance with this Act and to be capable of amendment or revocation accordingly. Short title and commencement. 9.—
(1)This Act may be cited as the Diplomatic and Consular Officers (Provision of Services) Act, 1993.
(2)This Act shall come into operation one month after the date of its passing. Privacy Statement Accessibility European Legislation Identifier (PDF) Open Data License Ráiteas Príobháideachais Inrochtaineacht Aitheantóir Eorpach Reachtaíochta (ELI) Ceadúnas Sonraí Oscailte Liosta Fianán © Government of Ireland. Oireachtas Copyright Material is reproduced with the permission of the Houses of the Oireachtas © Rialtas na hÉireann. Atáirgtear ábhar faoi Chóipcheart le cead ó Thithe an Oireachtais

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