Diplomatic and Consular Officers (Provision of Services) Act, 1993
What is this act about?
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.
Who it applies to: 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.
At a glance
- Country
- Ireland
- Area of law
- Administrative law
- Articles
- 9
- Source
- irishstatutebook.ie
- Text retrieved
- Explanation updated
What does this act regulate?
- 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 does this act apply to?
- 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.
What are the 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- This Act repealed the Commissioners for Oaths (Diplomatic and Consular) Act, 1931, and the Diplomatic and Consular Fees Act, 1939.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.
Administrative law
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.ie) Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.ie) Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(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
Section 1
Interpretation.
Section 2
Application of Act.
Section 3
Regulations fixing fees.
Section 4
Collection, disposal and recovery of fees.
Section 5
Powers as to oaths and notarial acts abroad.
Section 6
Perjury.
Section 7
Expenses.
Section 8
Repeals and savings.
Section 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
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.
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: (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; (b) the Public Offices Fees Act, 1879, shall not apply in respect of such fee; and (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.
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.
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.
Short title and commencement.
9.—(1) This Act may be cited as the Diplomatic and Consular Officers (Provision of Services) Act, 1993.
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