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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)
C1S. 3-6 applied (with modifications) (31.10.2009) by The Court Martial Appeal Court Rules 2009 (S.I. 2009/2657), rule 15, Sch. 1
C2S. 3-6 applied (with modifications) (31.10.2009) by The Armed Forces (Court Martial) Rules 2009 (S.I. 2009/2041), rule 21
C3S. 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
C4S. 3-6 applied (with modifications) (31.10.2009) by The Armed Forces (Summary Appeal Court) Rules 2009 (S.I. 2009/1211), rule 28
C5S. 3-6 applied (with modifications) (31.10.2009) by The Armed Forces (Service Civilian Court) Rules 2009 (S.I. 2009/1209), rule 20
C6S. 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
C7S. 3-6 applied (with modifications) (31.10.2009) by The Armed Forces (Custody Proceedings) Rules 2009 (S.I. 2009/1098), rule 21
(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)
C8S. 3-6 applied (with modifications) (31.10.2009) by The Court Martial Appeal Court Rules 2009 (S.I. 2009/2657), rule 15, Sch. 1
C9S. 3-6 applied (with modifications) (31.10.2009) by The Armed Forces (Court Martial) Rules 2009 (S.I. 2009/2041), rule 21
C10S. 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
C11S. 3-6 applied (with modifications) (31.10.2009) by The Armed Forces (Summary Appeal Court) Rules 2009 (S.I. 2009/1211), rule 28
C12S. 3-6 applied (with modifications) (31.10.2009) by The Armed Forces (Service Civilian Court) Rules 2009 (S.I. 2009/1209), rule 20
C13S. 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
C14S. 3-6 applied (with modifications) (31.10.2009) by The Armed Forces (Custody Proceedings) Rules 2009 (S.I. 2009/1098), rule 21
(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)
C15S. 3-6 applied (with modifications) (31.10.2009) by The Court Martial Appeal Court Rules 2009 (S.I. 2009/2657), rule 15, Sch. 1
C16S. 3-6 applied (with modifications) (31.10.2009) by The Armed Forces (Court Martial) Rules 2009 (S.I. 2009/2041), rule 21
C17S. 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
C18S. 3-6 applied (with modifications) (31.10.2009) by The Armed Forces (Summary Appeal Court) Rules 2009 (S.I. 2009/1211), rule 28
C19S. 3-6 applied (with modifications) (31.10.2009) by The Armed Forces (Service Civilian Court) Rules 2009 (S.I. 2009/1209), rule 20
C20S. 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
C21S. 3-6 applied (with modifications) (31.10.2009) by The Armed Forces (Custody Proceedings) Rules 2009 (S.I. 2009/1098), rule 21
C22S. 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
(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)
C23S. 3-6 applied (with modifications) (31.10.2009) by The Court Martial Appeal Court Rules 2009 (S.I. 2009/2657), rule 15, Sch. 1
C24S. 3-6 applied (with modifications) (31.10.2009) by The Armed Forces (Court Martial) Rules 2009 (S.I. 2009/2041), rule 21
C25S. 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
C26S. 3-6 applied (with modifications) (31.10.2009) by The Armed Forces (Summary Appeal Court) Rules 2009 (S.I. 2009/1211), rule 28
C27S. 3-6 applied (with modifications) (31.10.2009) by The Armed Forces (Service Civilian Court) Rules 2009 (S.I. 2009/1209), rule 20
C28S. 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
C29S. 3-6 applied (with modifications) (31.10.2009) by The Armed Forces (Custody Proceedings) Rules 2009 (S.I. 2009/1098), rule 21
C30S. 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
C31S. 6(1) modified (1.6.2007) by The Citizenship Oath and Pledge (Welsh Language) Order 2007 (S.I. 2007/1484), art. 4(2)
C32S. 6(2) modified (1.6.2007) by The Citizenship Oath and Pledge (Welsh Language) Order 2007 (S.I. 2007/1484), art. 4(2)
(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 M1) 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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5)F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6)M2Nothing 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
F1S. 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)
C33The 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
(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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(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
F2S. 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