No. 33/1993:

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 REFFERED TO

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:

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.

2.—This Act applies to the following persons, that is to say:

( a ) a civil servant employed as a head of mission, a member of the 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.

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—

( a ) the waiver in specified circumstances of any fee fixed by those regulations or by any other regulations made under this section,

( 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.

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.

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 take any 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.

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.

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.

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.

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.