Promissory Oaths Act 1871

2 Persons before whom oaths to be taken. U.K.

Whereas by the M1 Promissory 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,

[F1 In England and Wales—

(a) before the [F2 Lord 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.]

[F3 The 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 [F5 sheriff principal of the sheriffdom] for which the person taking the oaths acts as justice [F6 [F7 , 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 [F8 the Lord Chief Justice of Northern Ireland, or in the High Court], in open court before one or more of the judges of such court, [F9 or at the county court].

Textual Amendments

F1 Words 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)

F2 Words 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)

F3 Words 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)

F4 Words repealed by District Courts (Scotland) Act 1975 (c. 20), Sch. 2

F5 Words substituted by virtue of Sheriff Courts (Scotland) Act 1971 (c. 58), s. 4, Sch. 1, para. 1

F6 Words 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

F7 Words in s. 2 substituted (S.) (1.4.2015) by Courts Reform (Scotland) Act 2014 (asp 18), s. 138(2), Sch. 5 para. 2; S.S.I. 2015/77, art. 2(2)(3), Sch.

F8 Words substituted by virtue of S.R. & O. 1921/1802 (Rev. XVI, p. 954: 1921, p. 1332), art. 2(1)

F9 Words in s. 2 substituted (N.I.) (31.10.2016) by Justice Act (Northern Ireland) 2015 (c. 9), s. 106(2), Sch. 1 para. 31 (with Sch. 8 para. 1); S.R. 2016/387, art. 2(k) (with art. 3)

Modifications etc. (not altering text)

C1 Reference 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

M1 1868 c. 72.