Promissory Oaths Act 1868

UK - Reserved: Acts

Promissory Oaths Act 1868

Promissory Oaths Act 1868 (1868 c. 72)

1 Short title.

This Act may be cited for all purposes as: “The Promissory Oaths Act 1868.”

Part 1 Oaths to be continued

Oath of Allegiance. Official and Judicial Oaths

2 Form of oath of allegiance.

The oath in this Act referred to as the oath of allegiance shall be in the form following; that is to say,

“I, , do swear that I will be faithful and bear true allegiance to Her Majesty Queen Victoria, her heirs and successors, according to law. So help me God.”

3 Form of official oath.

The oath in this Act referred to as the official oath shall be in the form following; that is to say,

“I, , do swear that I will well and truly serve Her Majesty Queen Victoria in the office of So help me God.”

4 Form of judicial oath.

[F1] S. 4 repealed (N.I.) (15.10.2002) by 2002 c. 26, s. 86, Sch. 13; S.R.2002/319, art. 2, Sch.

The oath in this Act referred to as the judicial oath shall be in the form following; that is to say,

“I, , do swear that I will well and truly serve our Sovereign Lady Queen Victoria in the office of , and I will do right to all manner of people after the laws and usages of this realm, without fear or favour, affection or illwill. So help me God.”

5 Persons to take the oath of allegiance and official oath.

The oath of allegiance and official oath shall be tendered to and taken by each of the officers named in the first part of the schedule annexed hereto as soon as may be after his acceptance of office by the officer, and in the manner in that behalf mentioned in the said first part of the said schedule.

5A Taking of oaths by members of Scottish Executive

[F2] S. 5A and crossheading inserted (6.5.1999) by S.I. 1999/1042, art. 3, Sch. 1 para. 2(2)

Where the official oath or oath of allegiance is required to be taken by any member of the Scottish Executive in accordance with section 84(4) of the Scotland Act 1998, it shall be tendered to him by the Lord President of the Court of Session at a sitting of the Court.

6 Persons to take the oath of allegiance and judicial oath.

[F3] S. 6 repealed (N.I.) (15.10.2002) by 2002 c. 26, s. 86, Sch. 13; S.R.2002/319, art. 2, Sch.

The oath of allegiance and judicial oath shall be taken by each of the officers named in the second part of the said schedule hereto as soon as may be after his acceptance of office, . . .

[F4] Words repealed by Statute Law Revision Act 1875 (c. 66)

6A Lord Chancellor's Oath

[F5] S. 6A inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 17, 148(1); S.I. 2006/1014, art. 2(a), Sch. 1 para. 14

(1) The oath set out in subsection (2) shall be tendered to and taken by the Lord Chancellor, after and in the same manner as the official oath, as soon as may be after his acceptance of office.

(2) The oath is—

“I, , do swear that in the office of Lord High Chancellor of Great Britain I will respect the rule of law, defend the independence of the judiciary and discharge my duty to ensure the provision of resources for the efficient and effective support of the courts for which I am responsible. So help me God.”.

7 Penalty on not taking required oath.

If any officer specified in the schedule hereto or any member of the Scottish Executivedeclines or neglects, when any oath required to be taken by him under this Act or section 84(4) of the Scotland Act 1998 is duly tendered, to take such oath, he shall, if he has already entered on his office, vacate the same, and if he has not entered on the same be disqualified from entering on the same; but no person shall be compelled, in respect of the same appointment to the same office, to take such oath . . . more times than one.

[F6] Words in s. 7 inserted (6.5.1999) by S.I. 1999/1042, art. 3, Sch. 1 para. 2(3)(a)

[F7] Words in s. 7 inserted (6.5.1999) by S.I. 1999/1042, art. 3, Sch. 1 para. 2(3)(b)

[F8] Words repealed by Statute Law (Repeals) Act 1981 (c. 19), s. 1(1), Sch. 1 Pt. VIII

8 Form of oath of allegiance in this Act substituted for form in certain other Acts.

The form of the oath of allegiance provided by this Act shall be deemed to be substituted in the case of the Clerical Subscription Act 1865, for the form of the oath of allegiance and supremacy therein referred to; in the case of the Parliamentary Oaths Act 1866, for the form of the oath thereby prescribed to be taken and subscribed by members of Parliament on taking their seats; . . . ; and all the provisions of the said Acts shall apply to the oath substituted by this section, in the same manner as if that form of oath were actually inserted in each ofthe said Acts in the place of the oath for which it is substituted.

[F9] Words repealed (N.I.) by Statute Law Revision (Northern Ireland) Act 1980 (c. 59), s. 1, Sch. Pt. III

[M1] 1865 c. 122.

[M2] 1866 c. 19.

[F10] Words repealed by Statute Law Revision Act 1966 (c. 5)

[F9] Words repealed (N.I.) by Statute Law Revision (Northern Ireland) Act 1980 (c. 59), s. 1, Sch. Pt. III

9 Prohibition of oath of allegiance except in accordance with Act.

No person shall be required or authorized to take the oaths of allegiance, supremacy, and abjuration, or any of such oaths, or any oath substituted for such oaths, or any of them, . . . except the persons required to take the oath of allegiance by this Act and the Clerical Subscription Act 1865, and the Parliamentary Oaths Act 1866, and the Scotland Act 1998,or one of such Acts, any Act of Parliament, charter, or custom to the contrary notwithstanding; and no person shall be required or authorized to take the oath of assurance in Scotland.

[F11] Words repealed by Statute Law (Repeals) Act 1981 (c. 19), s. 1(1), Sch. 1 Pt. VIII

[F12] Words repealed (N.I.) by Statute Law Revision (Northern Ireland) Act 1980 (c. 59), s. 1, Sch. Pt. III

[M3] 1865 c. 122.

[M4] 1866 c. 19.

[F13] Words in s. 9 inserted (6.5.1999) by S.I. 1999/1042, art. 3, Sch. 1 para. 2(4)

Miscellaneous Provisions as to Oaths

10 The name of the Sovereign for time being to be used in the oath.

Where in any oath under this Act the name of Her present Majesty is expressed, the name of the Sovereign of this Kingdom for the time being shall be substituted from time to time.

11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F14] S. 11 repealed by Administration of Justice Act 1977 (c. 38), Sch. 5 Pt. III

Part 2 Oaths to be abolished

Substitution of Declaration for Oaths

12 Regulations as to substitution of declarations for oaths.

The following regulations shall be enacted with respect to the substitution of declarations for oaths; (that is to say,)

[F15] S. 12, para. 2 repealed (N.I.) by Statute Law Revision (Northern Ireland) Act 1980 (c. 59), s. 1, Sch. Pt. III

13 Penalty on not making declaration required by this Act.

If any person required by this Act to make a declaration instead of an oath declines or neglects to make such declaration, he shall be subject to the same penalties and disabilities, if any, as he would have been subjected to for declining or neglecting to take the oath for which the declaration provided by this Act is substituted.

Saving Clause

14 Not to affect matters herein stated.

Nothing in this Act contained shall affect—

[F16] Words repealed (N.I.) by Statute Law Revision (Northern Ireland) Act 1980 (c. 59), s. 1, Sch. Pt. III

[M5] 1865 c. 122.

[M6] 1866 c. 19.

[F17] Words repealed by Statute Law (Repeals) Act 1977 (c. 18), Sch. 1 Pt. XIV

[M7] 1865 c. 122.

[F18] Words repealed by Statute Law Revision Act 1966 (c. 5)

[F19] Words repealed by Statute Law Revision Act 1875 (c. 66)

[F20] S. 14(8) repealed by Statute Law Revision Act 1953 (2 & 3 Eliz. 2 c. 5)

[M8] 1835 c. 62.

[F21] S. 14(11) repealed by Statute Law (Repeals) Act 1977 (c. 18), Sch. 1 Pt. XIV

15 Saving of powers of alteration hitherto exercised.

Where a declaration has been substituted for an oath under this Act, any person, guild, body corporate, or society which before the passing of this Act had power to alter such oath, or to substitute another oath in its place, may exercise a like power with regard to such declaration.

16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F22] S. 16 repealed by Statute Law Revision Act 1875 (c. 66)

First Part England

First Lord of the Treasury. Chancellor of the Exchequer. Lord Chancellor. President of the Council. Lord Privy Seal.
Secretaries of State. . . . President of the Board of Trade . . . Lord Steward. Lord Chamberlain. Earl Marshal. Master of the Horse. . . . Chancellor of the Duchy of Lancas- ter Paymaster General . . .	The oath as to England is to be tendered by the Clerk of the Council, and taken in presence of Her Majesty in Council, or otherwise as Her Majesty shall direct.Scotland
The Lord Keeper of the Great Seal. The Lord Keeper of the Privy Seal. The Lord Clerk Register. The Advocate General for Scotland. The Lord Justice Clerk.	The oath as to Scotland is to be tendered by the Lord President of the Court of Session at a sitting of the Court.Ireland . . .

[F23] Entries repealed by S.I. 1964/488, Sch. 1 Pt. II, 1970/1681, Sch. 4, Post Office Act 1969 (c. 48), Sch. 11 Pt. II and Statute Law (Repeals) Act 1977 (c. 18), Sch. 1 Pt. XIV

[F24] Words in Sch. Pt. I substituted (6.5.1999) by S.I. 1999/1042, art. 4, Sch. 2 Pt. I para. 1

[F23] Entries repealed by S.I. 1964/488, Sch. 1 Pt. II, 1970/1681, Sch. 4, Post Office Act 1969 (c. 48), Sch. 11 Pt. II and Statute Law (Repeals) Act 1977 (c. 18), Sch. 1 Pt. XIV

Second Part England

...

The Lord Chief Justice.

The Master of the Rolls.

. . .

The Recorder of London.

Justices of the Peace . . ..

Scotland

The Lord Justice-General and President of the Court of Session in Scotland, the Lord Justice Clerk of Scotland, the Judges of the Court of Session in Scotland , temporary judges of the Court of Session and High Court of Justiciary appointed under section 20B(1) of the Judiciary and Courts (Scotland) Act 2008,sheriffs principal of sheriffdoms, sheriffs, part-time sheriffs , summary sheriffs, part-time summary sheriffs and Justices of the Peace . . .

Ireland

. . .

[F25] Words in Sch. Pt. 2 repealed (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 17 para. 2, Sch. 18 Pt. 4; S.I. 2006/1014, art. 2(a), Sch. 1 paras. 28, 30(d)

[F26] Entries repealed by Statute Law Revision Act 1893 (c. 14) and Statute Law (Repeals) Act 1977 (c. 18), Sch. 1 Pt. XIV

[F27] Words in Sch. Pt. II repealed (27.9.1999) by 1999 c. 22, ss. 106, 108(3)(f), Sch. 15 Pt. V(1) (with Sch. 14 paras. 7(2), 36(9)) and expressed to be repealed (27.9.1999) by S.I. 1999/2657, art. 2(d)(iii)

[F28] Words in the second part of the Schedule inserted (S.) (1.4.1991) by Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c.40, SIF 76:2), s. 74, Sch. 8 Pt. II para. 23 S.I. 1991/822 art. 3 Schedule

[F29] Words in Sch. Second Pt. substituted (S.) (1.4.2015) by Courts Reform (Scotland) Act 2014 (asp 18), s. 138(2), Sch. 5 para. 34; S.S.I. 2015/77, art. 2(2)(3), Sch.

[F30] Words substituted by virtue of Sheriff Courts (Scotland) Act 1971 (c. 58), s. 4, Sch. 1 para. 1

[F31] Words in Sch. inserted (S.) (1.10.2009) by Judiciary and Courts (Scotland) Act 2008 (asp 6), ss. 27, 76(1); S.S.I. 2009/318, art. 2, Sch.

[F32] Words in Sch. Second Pt. inserted (S.) (1.4.2015) by Courts Reform (Scotland) Act 2014 (asp 18), s. 138(2), Sch. 5 para. 1; S.S.I. 2015/77, art. 2(2)(3), Sch.

[F33] Words repealed by District Courts (Scotland) Act 1975 (c. 20), Sch. 2

[F34] Sch. Pt. II: entry relating to Ireland repealed (N.I.) (15.10.2002) by 2002 c. 26, s. 86, Sch. 13; S.R. 2002/319, art. 2,Sch.

[F35] Entries repealed by Statute Law Revision Act 1953 (2 & 3 Eliz. 2 c. 5)