- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (03/04/2006)
- Gwreiddiol (Fel y'i Deddfwyd)
Version Superseded: 01/10/2009
Point in time view as at 03/04/2006.
There are currently no known outstanding effects for the Promissory Oaths Act 1871.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
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)
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F1Words repealed by Statute Law Revision Act 1883 (c. 39)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)
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:
In Ireland, before [F7the Lord Chief Justice of Northern Ireland, or in the High Court], in open court before one or more of the judges of such court, or at the quarter sessions of the peace for the county in which the person taking the oaths acts as justice.
[F8The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under the preceding paragraph—
(a)the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;
(b)a Lord Justice of Appeal (as defined in section 88 of that Act).]
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 substituted by virtue of S.R. & O. 1921/1802 (Rev. XVI, p. 954: 1921, p. 1332), art. 2(1)
F8Words in s. 2 inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 4 para. 16(4); S.I. 2006/1014, Sch. 1 para. 11(c)
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
Marginal Citations
This Act may be cited as “The Promissory Oaths Act 1871.”
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F9Schs. 1—4 repealed by Statute Law Revision Act 1883 (c. 39)
Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’.
Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed): Mae'r wreiddiol fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.
Pwynt Penodol mewn Amser: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Rhychwant ddaearyddol: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Dangos Llinell Amser Newidiadau: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Gallwch wneud defnydd o ddogfennau atodol hanfodol a gwybodaeth ar gyfer yr eitem ddeddfwriaeth o’r tab hwn. Yn ddibynnol ar yr eitem ddeddfwriaeth sydd i’w gweld, gallai hyn gynnwys:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Defnyddiwch y ddewislen hon i agor dogfennau hanfodol sy’n cyd-fynd â’r ddeddfwriaeth a gwybodaeth am yr eitem hon o ddeddfwriaeth. Gan ddibynnu ar yr eitem o ddeddfwriaeth sy’n cael ei gweld gall hyn gynnwys:
liciwch ‘Gweld Mwy’ neu ddewis ‘Rhagor o Adnoddau’ am wybodaeth ychwanegol gan gynnwys