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,
[F1In England and Wales—
(a)before the [F2Lord 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.]
[F3The 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, F4. . ., or in open court before the court of the [F5sheriff principal of the sheriffdom] for which the person taking the oaths acts as justice [F6or sheriff, or, for a part-time sheriff, in open court before any sheriff principal]:
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
F1Words 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)
F2Words 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)
F3Words 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)
F4Words repealed by District Courts (Scotland) Act 1975 (c. 20), Sch. 2
F5Words substituted by virtue of Sheriff Courts (Scotland) Act 1971 (c. 58), s. 4, Sch. 1, para. 1
F6Words 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
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)
C1Reference 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