Oaths Act 1978

1978 CHAPTER 19

An Act to consolidate the Oaths Act 1838 and the Oaths Acts 1888 to 1977, and to repeal, as obsolete, section 13 of the Circuit Courts (Scotland) Act 1828.

[30th June 1978]

Part I E+W+N.I. England, Wales and Northern Ireland

1 Manner of administration of oaths. E+W+N.I.

(1) Any oath may be administered and taken in England, Wales or Northern Ireland in the following form and manner:—

The person taking the oath shall hold the New Testament, or, in the case of a Jew, the Old Testament, in his uplifted hand, and shall say or repeat after the officer administering the oath the words “I swear by Almighty God that . . . . . .”, followed by the words of the oath prescribed by law.

(2) The officer shall (unless the person about to take the oath voluntarily objects thereto, or is physically incapable of so taking the oath) administer the oath in the form and manner aforesaid without question.

(3) In the case of a person who is neither a Christian nor a Jew, the oath shall be administered in any lawful manner.

(4) In this section “officer” means any person duly authorised to administer oaths.

Modifications etc. (not altering text)

C1 S. 1 applied (with modifications) (31.10.2009) by The Court Martial Appeal Court Rules 2009 (S.I. 2009/2657), rule 15, Sch. 1

C2 S. 1 applied (with modifications) (31.10.2009) by The Armed Forces (Court Martial) Rules 2009 (S.I. 2009/2041), rule 21

C3 S. 1 applied (with modifications) (31.10.2009) by The Armed Forces (Summary Hearing and Activation of Suspended Sentences of Service Detention) Rules 2009 (S.I. 2009/1216), rule 14

C4 S. 1 applied (with modifications) (31.10.2009) by The Armed Forces (Summary Appeal Court) Rules 2009 (S.I. 2009/1211), rule 28

C5 S. 1 applied (with modifications) (31.10.2009) by The Armed Forces (Service Civilian Court) Rules 2009 (S.I. 2009/1209), rule 20

C6 S. 1 applied (with modifications) (31.10.2009) by The Armed Forces (Warrants of Arrest for Service Offences) Rules 2009 (S.I. 2009/1110), rule 16

C7 S. 1 applied (with modifications) (31.10.2009) by The Armed Forces (Custody Proceedings) Rules 2009 (S.I. 2009/1098), rule 21

C8 S. 1 modified (31.1.1999) by S.I. 1998/1504 (N.I. 9), art. 19(1)(3); S.R. 1999/25, art. 2

S. 1 modified (4.11.1996) by S.I. 1995/755 (N.I. 2), art. 169(1); S.R. 1996/297, art. 2(2)

2 Consequential amendments. E+W+N.I.

In the following provisions, namely—

(a) section 28(1) of the Children and Young Persons Act 1963 M1 ; and

(b) section 56(1) of the Children and Young Persons Act (Northern Ireland) 1968 M2

(each of which prescribes the form of oath for use in juvenile courts and by children and young persons in other courts) for the words “section 2 of the Oaths Act 1909” there shall be substituted the words “section 1 of the Oaths Act 1978”.

Marginal Citations

M1 1963 c. 37

M2 1968 c. 34 (N.I.).

Part II U.K. United Kingdom

Oaths U.K.

3 Swearing with uplifted hand. U.K.

If any person to whom an oath is administered desires to swear with uplifted hand, in the form and manner in which an oath is usually administered in Scotland, he shall be permitted so to do, and the oath shall be administered to him in such form and manner without further question.

Modifications etc. (not altering text)

C9 S. 3-6 applied (with modifications) (31.10.2009) by The Court Martial Appeal Court Rules 2009 (S.I. 2009/2657), rule 15, Sch. 1

C10 S. 3-6 applied (with modifications) (31.10.2009) by The Armed Forces (Court Martial) Rules 2009 (S.I. 2009/2041), rule 21

C11 S. 3-6 applied (with modifications) (31.10.2009) by The Armed Forces (Summary Hearing and Activation of Suspended Sentences of Service Detention) Rules 2009 (S.I. 2009/1216), rule 14

C12 S. 3-6 applied (with modifications) (31.10.2009) by The Armed Forces (Summary Appeal Court) Rules 2009 (S.I. 2009/1211), rule 28

C13 S. 3-6 applied (with modifications) (31.10.2009) by The Armed Forces (Service Civilian Court) Rules 2009 (S.I. 2009/1209), rule 20

C14 S. 3-6 applied (with modifications) (31.10.2009) by The Armed Forces (Warrants of Arrest for Service Offences) Rules 2009 (S.I. 2009/1110), rule 16

C15 S. 3-6 applied (with modifications) (31.10.2009) by The Armed Forces (Custody Proceedings) Rules 2009 (S.I. 2009/1098), rule 21

4 Validity of oaths. U.K.

(1) In any case in which an oath may lawfully be and has been administered to any person, if it has been administered in a form and manner other than that prescribed by law, he is bound by it if it has been administered in such form and with such ceremonies as he may have declared to be binding.

(2) Where an oath has been duly administered and taken, the fact that the person to whom it was administered had, at the time of taking it, no religious belief, shall not for any purpose affect the validity of the oath.

Modifications etc. (not altering text)

C16 S. 3-6 applied (with modifications) (31.10.2009) by The Court Martial Appeal Court Rules 2009 (S.I. 2009/2657), rule 15, Sch. 1

C17 S. 3-6 applied (with modifications) (31.10.2009) by The Armed Forces (Court Martial) Rules 2009 (S.I. 2009/2041), rule 21

C18 S. 3-6 applied (with modifications) (31.10.2009) by The Armed Forces (Summary Hearing and Activation of Suspended Sentences of Service Detention) Rules 2009 (S.I. 2009/1216), rule 14

C19 S. 3-6 applied (with modifications) (31.10.2009) by The Armed Forces (Summary Appeal Court) Rules 2009 (S.I. 2009/1211), rule 28

C20 S. 3-6 applied (with modifications) (31.10.2009) by The Armed Forces (Service Civilian Court) Rules 2009 (S.I. 2009/1209), rule 20

C21 S. 3-6 applied (with modifications) (31.10.2009) by The Armed Forces (Warrants of Arrest for Service Offences) Rules 2009 (S.I. 2009/1110), rule 16

C22 S. 3-6 applied (with modifications) (31.10.2009) by The Armed Forces (Custody Proceedings) Rules 2009 (S.I. 2009/1098), rule 21

Solemn affirmations U.K.

5 Making of solemn affirmations. U.K.

(1) Any person who objects to being sworn shall be permitted to make his solemn affirmation instead of taking an oath.

(2) Subsection (1) above shall apply in relation to a person to whom it is not reasonably practicable without inconvenience or delay to administer an oath in the manner appropriate to his religious belief as it applies in relation to a person objecting to be sworn.

(3) A person who may be permitted under subsection (2) above to make his solemn affirmation may also be required to do so.

(4) A solemn affirmation shall be of the same force and effect as an oath.

Modifications etc. (not altering text)

C23 S. 3-6 applied (with modifications) (31.10.2009) by The Court Martial Appeal Court Rules 2009 (S.I. 2009/2657), rule 15, Sch. 1

C24 S. 3-6 applied (with modifications) (31.10.2009) by The Armed Forces (Court Martial) Rules 2009 (S.I. 2009/2041), rule 21

C25 S. 3-6 applied (with modifications) (31.10.2009) by The Armed Forces (Summary Hearing and Activation of Suspended Sentences of Service Detention) Rules 2009 (S.I. 2009/1216), rule 14

C26 S. 3-6 applied (with modifications) (31.10.2009) by The Armed Forces (Summary Appeal Court) Rules 2009 (S.I. 2009/1211), rule 28

C27 S. 3-6 applied (with modifications) (31.10.2009) by The Armed Forces (Service Civilian Court) Rules 2009 (S.I. 2009/1209), rule 20

C28 S. 3-6 applied (with modifications) (31.10.2009) by The Armed Forces (Warrants of Arrest for Service Offences) Rules 2009 (S.I. 2009/1110), rule 16

C29 S. 3-6 applied (with modifications) (31.10.2009) by The Armed Forces (Custody Proceedings) Rules 2009 (S.I. 2009/1098), rule 21

C30 S. 5 applied (1.1.2004) by 1981 c. 61, s. 42(7) (as substituted by Nationality, Immigration and Asylum Act 2002 (c. 41), ss. 3, 162(2), Sch. 1, (with s. 159); S.I. 2003/3156, art. 2

6 Form of affirmation. U.K.

(1) Subject to subsection (2) below, every affirmation shall be as follows:—

“I, do solemnly, sincerely and truly declare and affirm,” and then proceed with the words of the oath prescribed by law, omitting any words of imprecation or calling to witness.

(2) Every affirmation in writing shall commence:—

“I, of , do solemnly and sincerely affirm,” and the form in lieu of jurat shall be “Affirmed at this day of 19 , Before me.”

Modifications etc. (not altering text)

C31 S. 3-6 applied (with modifications) (31.10.2009) by The Court Martial Appeal Court Rules 2009 (S.I. 2009/2657), rule 15, Sch. 1

C32 S. 3-6 applied (with modifications) (31.10.2009) by The Armed Forces (Court Martial) Rules 2009 (S.I. 2009/2041), rule 21

C33 S. 3-6 applied (with modifications) (31.10.2009) by The Armed Forces (Summary Hearing and Activation of Suspended Sentences of Service Detention) Rules 2009 (S.I. 2009/1216), rule 14

C34 S. 3-6 applied (with modifications) (31.10.2009) by The Armed Forces (Summary Appeal Court) Rules 2009 (S.I. 2009/1211), rule 28

C35 S. 3-6 applied (with modifications) (31.10.2009) by The Armed Forces (Service Civilian Court) Rules 2009 (S.I. 2009/1209), rule 20

C36 S. 3-6 applied (with modifications) (31.10.2009) by The Armed Forces (Warrants of Arrest for Service Offences) Rules 2009 (S.I. 2009/1110), rule 16

C37 S. 3-6 applied (with modifications) (31.10.2009) by The Armed Forces (Custody Proceedings) Rules 2009 (S.I. 2009/1098), rule 21

C38 S. 6 applied (1.1.2004) by 1981 c. 61, s. 42(7) (as substituted by Nationality, Immigration and Asylum Act 2002 (c. 41), ss. 3, 162(2), Sch. 1, (with s. 159); S.I. 2003/3156, art. 2

C39 S. 6(1) modified (1.6.2007) by The Citizenship Oath and Pledge (Welsh Language) Order 2007 (S.I. 2007/1484), art. 4(2)

C40 S. 6(2) modified (1.6.2007) by The Citizenship Oath and Pledge (Welsh Language) Order 2007 (S.I. 2007/1484), art. 4(2)

Supplementary U.K.

7 Repeals and savings. U.K.

(1) The enactments specified in Part I of the Schedule to this Act (consequential repeals) and Part II of that Schedule (enactment obsolete since the Oaths Act 1888 M3 ) are hereby repealed to the extent specified in the third column of that Schedule.

(2) In so far as anything done under an enactment repealed by this Act could have been done under a corresponding provision of this Act, it shall not be invalidated by the repeal but shall have effect as if done under that provision.

(3) Where any instrument or document refers, either expressly or by implication, to an enactment repealed by this Act, the reference shall, except where the context otherwise requires, be construed as, or as including, a reference to the corresponding provision of this Act.

(4)

[F1 The court-martial enactments (which make provision in relation to the use of affirmations at courts-martial corresponding to that made by subsection (2) of section 1 of the M4 Oaths Act 1961) shall not be affected by the repeal of subsection (3) of that section (by virtue of which each of them was inserted in the section in which it appears).]

F1 F1 (5)

[F1 In this Act “the court-martial enactments” means—

• section 102(2) of the M5 Army Act 1955;

• section 102(2) of the M6 Air Force Act 1955; and

• section 60(6) of the M7 Naval Discipline Act 1957.]

F1 F1 (6) M8 Nothing in this Act shall be taken as prejudicing the operation of section 38 of the Interpretation Act 1889 (which relates to the effect of repeals).

Textual Amendments

F1 S. 7(4)(5) repealed (28.3.2009 for certain purposes and 31.10.2009 otherwise) by Armed Forces Act 2006 (c. 52), ss. 378, 383, Sch. 17; S.I. 2009/812, art. 3 (with transitional provisions in {S.I. 2009/1059}); S.I. 2009/1167, art. 4

Modifications etc. (not altering text)

C41 The text of ss. 2, 7(1) and Sch. is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

M3 1888 c. 46.

M4 1961 c. 21.

M5 1955 c. 18.

M6 1955 c. 19.

M7 1957 c. 53.

M8 1888 c. 163.

8 Short title, extent and commencement. U.K.

(1) This Act may be cited as the Oaths Act 1978.

(2) Part I of this Act does not extend to Scotland.

(3) It is hereby declared that this Act extends to Northern Ireland.

(4)

[F2 In their application to each of the court-martial enactments subsections (4) and (5) of section 7 above extend to any territory to which that enactment extends.]

F2 F2 (5) This Act shall come into force on the expiration of the period of one month from the date on which it is passed.

Textual Amendments

F2 S. 8(4) repealed (28.3.2009 for certain purposes and 31.10.2009 otherwise) by Armed Forces Act 2006 (c. 52), ss. 378, 383, Sch. 17; S.I. 2009/812, art. 3 (with transitional provisions in {S.I. 2009/1059}); S.I. 2009/1167, art. 4

Section 7.

SCHEDULE U.K.

Modifications etc. (not altering text)

C42 The text of ss. 2, 7(1) and Sch. is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.