Promissory Oaths Act 1871
1871 c.48
An Act to repeal divers enactments relating to Oaths and Declarations which are not in force; and for other purposes connected therewith.
This Act is not necessarily in the form in which it has effect in Northern Ireland
Preamble omitted under authority of Statute Law Revision (No. 2) Act 1893 (c. 54)
1 Repeal of Acts.
F1 . . . . . .
C42
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.
2 Persons before whom oaths to be taken. C5
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,
F6In England and Wales—
a
before the F7Lord 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.
F8The 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, F2. . ., or in open court before the court of the F3sheriff principal of the sheriffdom for which the person taking the oaths acts as justice F9F10, sheriff or summary sheriff, or, for a part-time sheriff or part-time summary sheriff, in open court before any sheriff principal:
In Ireland, before F4the Lord Chief Justice of Northern Ireland, or in the High Court, in open court before one or more of the judges of such court, F11or at the county court.
3 Short title.
This Act may be cited as “The Promissory Oaths Act 1871.”
F5F5SCHEDULES 1–4
Schs. 1—4 repealed by Statute Law Revision Act 1883 (c. 39)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5
Act 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)