The Commissioners for Oaths (Prescribed Bodies) Regulations 1994

Statutory Instruments

1994 No. 1380

OATHS

LEGAL SERVICES

The Commissioners for Oaths (Prescribed Bodies) Regulations 1994

Made

23rd May 1994

Laid before Parliament

25th May 1994

Coming into force

17th June 1994

The Lord Chancellor, in exercise of the powers conferred on him by sections 113(1)(b) and 119(1) of the Courts and Legal Services Act 1990(1), hereby makes the following Regulations:—

Citation and commencement

1.  These Regulations may be cited as the Commissioners for Oaths (Prescribed Bodies) Regulations 1994 and shall come into force on 17th June 1994.

Interpretation

2.  In these Regulations—

“the Act” means the Courts and Legal Services Act 1990;

“the Council” means the Council for Licensed Conveyancers;

“licensed conveyancer” has the same meaning as it has in the Administration of Justice Act 1985(2) by virtue of section 11 of that Act.

Licensed conveyancers authorised to administer oaths

3.  The Council shall be a prescribed body for the purposes of section 113 of the Act, and every licensed conveyancer shall accordingly have the powers conferred on a commissioner for oaths by the Commissioners for Oaths Acts 1889 and 1891(3) and section 24 of the Stamp Duties Management Act 1891(4).

Mackay of Clashfern , C.

Dated 23rd May 1994

Explanatory Note

(This note is not part of the Regulations)

These Regulations recognise the Council for Licensed Conveyancers as a prescribed body for the purposes of section 113 of the Courts and Legal Services Act 1990 and thus enable licensed conveyancers to act as commissioners for oaths.

(1)

1990 c. 41. Section 119(1) is an interpretation provision and is cited because of the meanings assigned to the words “member” and “prescribed”.

(2)

1985 c. 61.

(3)

1889 c. 10 (amended by the Courts and Legal Services Act 1990 (c. 41)) and 1891 c. 50.

(4)

1891 c. 38. The application of section 24 is extended to oaths and affidavits by section 7(6) of the Revenue Act 1898 (c. 46).