Promissory Oaths Act 1868

Oath of Allegiance. Official and Judicial Oaths E+W+S+N.I.

2 Form of oath of allegiance. E+W+S+N.I.

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. E+W+S+N.I.

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.”

[F1 4 Form of judicial oath. E+W+S+N.I.

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.”]

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F1 S. 4 repealed (N.I.) (15.10.2002) by 2002 c. 26, s. 86, Sch. 13; S.R.2002/319, art. 2, Sch.

5 Persons to take the oath of allegiance and official oath. E+W+S+N.I.

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.

[F2 5A Taking of oaths by members of Scottish Executive E+W+S+N.I.

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.]

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

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

[F3 6 Persons to take the oath of allegiance and judicial oath. E+W+S+N.I.

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 [F4 not later than 6 months after the coming into force of section 76 of the Courts and Legal Services Act 1990], . . . F5 ]

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

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

F4 Words substituted by Courts and Legal Services Act 1990 (c. 41, SIF 37, 76:1), s. 125(6), Sch. 19 para. 6(2)

F5 Words repealed by Statute Law Revision Act 1875 (c. 66)

7 Penalty on not taking required oath. E+W+S+N.I.

If any officer specified in the schedule hereto [F6 or any member of the Scottish Executive]declines or neglects, when any oath required to be taken by him under this Act [F7 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 . . . F8 more times than one.

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

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. E+W+S+N.I.

The form of the oath of allegiance provided by this Act shall be deemed to be substituted [F9 in the case of the M1 Clerical Subscription Act 1865, for the form of the oath of allegiance and supremacy therein referred to]; in the case of the M2 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; . . . F10 ; 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 [F9 each of]the said Acts in the place of the oath for which it is substituted.

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

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

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

Marginal Citations

M1 1865 c. 122.

M2 1866 c. 19.

9 Prohibition of oath of allegiance except in accordance with Act. E+W+S+N.I.

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, . . . F11 except the persons required to take the oath of allegiance by this Act [F12 and the M3 Clerical Subscription Act 1865], and the M4 Parliamentary Oaths Act 1866, [F13 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.

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

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

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

Marginal Citations

M3 1865 c. 122.

M4 1866 c. 19.