Promissory Oaths Act 1871

1871 CHAPTER 48 34 and 35 Vict

An Act to repeal divers enactments relating to Oaths and Declarations which are not in force; and for other purposes connected therewith.

[13th July 1871]

Modifications etc. (not altering text)

C1Act extended by District Courts (Scotland) Act 1975 (c. 20), s. 11(3); excluded (E.W.) by Courts Act 1971 (c. 23), s. 22(2)

Act restricted (E.W) (19.6.1997) by 1997 c. 25, ss. 69, 74(1) (with s. 73(1), Sch. 4 para. 27)

C2This Act is not necessarily in the form in which it has effect in Northern Ireland

C3Preamble omitted under authority of Statute Law Revision (No. 2) Act 1893 (c. 54)

1 Repeal of Acts.U.K.

F1 . . . . . .

(2)Where by the recited Acts or this Act any person is prevented or relieved from taking any oath or making or subscribing any declaration, the taking, making, or subscribing of which forms a condition precedent or subsequent to the attainment by such person of any office, privilege, exemption, or other benefit, or the due performance of any act, such person shall nevertheless, on complying with the other conditions, if any, attached to the attainment of such office, privilege, exemption, or other benefit or the due performance of such act, be entitled thereto, and be deemed duly to have performed such act, in the same manner as if the condition relating to such oath or declaration, and any directions as to the certificate or registration of the taking of such oath, or making or subscribing such declaration, or otherwise, had been fulfilled and performed.

Textual Amendments

F1Words repealed by Statute Law Revision Act 1883 (c. 39)

Modifications etc. (not altering text)

C4 “The recited Acts” means the Act 29 & 30 Vict. c. 22 and the Promissory Oaths Act 1868 (c. 72)

2 Persons before whom oaths to be taken. U.K.

Whereas by the M1Promissory Oaths Act 1868, it is provided that the oaths of allegiance and judicial oath should be taken by each of certain officers therein mentioned, in manner in which the oaths required to be taken by such officer previously to the passing of that Act would have been taken; and it is desirable, with a view to the revision of the statute law, to define the manner in which such oaths are to be taken: each such officer shall take the said oaths before such persons as Her Majesty may from time to time appoint; or,

[F2In England and Wales—

(a)before the [F3Lord Chief Justice of England and Wales], or

(b)in open court before one or more judges of the High Court or before one or more Circuit judges.]

[F4The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under the preceding paragraph.]

In Scotland, in the Court of Session in open court before one or more of the judges of that court, F5. . ., or in open court before the court of the [F6sheriff principal of the sheriffdom] for which the person taking the oaths acts as justice [F7[F8, sheriff or summary sheriff, or, for a part-time sheriff or part-time summary sheriff,] in open court before any sheriff principal]:

In Ireland, before [F9the Lord Chief Justice of Northern Ireland, or in the High Court], in open court before one or more of the judges of such court, [F10or at the county court].

Textual Amendments

F2Words in s. 2 substituted (1.4.2005) by Courts Act 2003 (c. 39), s. 110(1), Sch. 8 para. 51; S.I. 2005/910, art. 3(y)

F3Words in s. 2 substituted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 4 para. 16(2); S.I. 2006/1014, Sch. 1 para. 11(c)

F4Words in s. 2 inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 4 para. 16(3); S.I. 2006/1014, Sch. 1 para. 11(c)

F5Words repealed by District Courts (Scotland) Act 1975 (c. 20), Sch. 2

F6Words substituted by virtue of Sheriff Courts (Scotland) Act 1971 (c. 58), s. 4, Sch. 1, para. 1

F7Words in s. 2 inserted (S.) (1.10.2009) by Judiciary and Courts (Scotland) Act 2008 (Consequential Modifications) Order 2009 (S.S.I. 2009/334), arts. 1(3), 2

F8Words in s. 2 substituted (S.) (1.4.2015) by Courts Reform (Scotland) Act 2014 (asp 18), s. 138(2), Sch. 5 para. 2; S.S.I. 2015/77, art. 2(2)(3), Sch.

F9Words substituted by virtue of S.R. & O. 1921/1802 (Rev. XVI, p. 954: 1921, p. 1332), art. 2(1)

F10Words in s. 2 substituted (N.I.) (31.10.2016) by Justice Act (Northern Ireland) 2015 (c. 9), s. 106(2), Sch. 1 para. 31 (with Sch. 8 para. 1); S.R. 2016/387, art. 2(k) (with art. 3)

Modifications etc. (not altering text)

C5Reference to Ireland to be construed as exclusive of Republic of Ireland: S.R. & O. 1923/405 (Rev. X, p. 298: 1923, p. 400), art. 2