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Solicitors Act 1974
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Changes over time for: Section 81
Version Superseded: 01/04/1991
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- 01/02/1991- Amendment
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81 Administration of oaths and taking of affidavits.E+W
(1)Subject to the provisions of this section, every solicitor who holds a practising certificate which is in force shall have the powers conferred on a commissioner for oaths by the M1Commissioners for Oaths Acts 1889 and M21891 and section 24 of the Stamp Duties Management Act M31891; and any reference to such a commissioner in an enactment or instrument (including an enactment passed or instrument made after the commencement of this Act) shall include a reference to such a solicitor unless the context otherwise requires.
(2)A solicitor shall not exercise the powers conferred by this section in a proceeding in which he is solicitor to any of the parties, or in which he is interested.
(3)A solicitor before whom any oath or affidavit is taken or made shall state in the jurat or attestation at which place and on what date the oath or affidavit is taken or made.
(4)A document containing such a statement and purporting to be sealed or signed by a solicitor shall be admitted in evidence without proof of the seal or signature, and without proof that he is a solicitor or that he holds a practising certificate which is in force.
[F1(5)Nothing in this section shall affect the power to appoint commissioners under the M4Commissioners for Oaths Act 1889.]
Textual Amendments
F1S. 81(5) repealed (prosp.) by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), ss. 124(3), 125(7), Sch. 20
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