17/06/03 - Report to the Committee on Members' Interests of Seanad Éireann

Appendix 3 ..... Format for Statutory Declaration

Ethics in Public Office Acts, 1995 and 2001

Statutory Declaration

[section 21(1)(b) of Standards in Public Office Act, 2001]

I, (name) .............................................................., do solemnly and sincerely declare that, to the best of my knowledge and belief, I am in compliance with the obligations specified in section 25(1) of the Standards in Public Office Act, 2001 (as per * below) and that nothing in section 25(2) of the Standards in Public Office Act, 2001 (as per ** below) prevents the issue to me of a tax clearance certificate. I make this solemn declaration conscientiously believing the same to be true and by virtue of the Statutory Declarations Act, 1938 as amended by the Standards in Public Office Act, 2001.

Signed ............................................

Declared before me by (name of person above) .............................................................., who is personally known to me (or who is identified to me by .........................................................., who is personally known to me), at ....................................................................................
this .............. day of ..................................
Signed ................................................... # Category ....................................

* Section 25(1) - Subject to the provisions of this section, if a person who is in compliance with the obligations imposed on the person by the Acts (meaning the Tax Acts; the Capital Acquisitions Tax Act, 1976, and the enactments amending or extending that Act; the Capital Gains Tax Acts, and the Value-Added Tax Act, 1972, and the enactments amending or extending that Act) in relation to -
(a) the payment or remittance of any taxes, interest or penalties required to be paid or remitted under the Acts to the Revenue Commissioners, and
(b) the delivery of any returns required to be made under the Acts,
applies to the Collector-General in such form as may be determined by the Revenue Commissioners in that behalf for the purposes of section 21 ..., the Collector General shall issue to the person a certificate (in this Act referred to as "a tax clearance certificate") stating that, at the time of the issue of the certificate, the person is in compliance with those obligations.

** Section 25(2) - A tax clearance certificate shall not be issued to a person unless-
(a) the person, and
(b) if the person is or was a member of a partnership, in respect of the period of the person's membership, the partnership,
is in compliance with the obligations imposed on the person and the partnership by the Acts in relation to the matters specified in paragraphs (a) and (b) of section 25(1)(above).

# Notary Public; Commissioner for Oaths; Peace Commissioner; Practising Solicitor
[The penalty, on conviction, for making a false statutory declaration can be a fine of up to €2,539.48 and/or up to 6 months imprisonment.]

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