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Oaths Act 1978

1978 CHAPTER 19

An Act to consolidate the Oaths Act 1838 and the Oaths Acts 1888 to 1977, and to repeal, as obsolete, section 13 of the Circuit Courts (Scotland) Act 1828.

[30th June 1978]

Part I England, Wales and Northern Ireland

1 Manner of administration of oaths. cross-notes

(1) Any oath may be administered and taken in England, Wales or Northern Ireland in the following form and manner:—

The person taking the oath shall hold the New Testament, or, in the case of a Jew, the Old Testament, in his uplifted hand, and shall say or repeat after the officer administering the oath the words “I swear by Almighty God that . . . . . .”, followed by the words of the oath prescribed by law.

(2) The officer shall (unless the person about to take the oath voluntarily objects thereto, or is physically incapable of so taking the oath) administer the oath in the form and manner aforesaid without question.

(3) In the case of a person who is neither a Christian nor a Jew, the oath shall be administered in any lawful manner.

(4) In this section “ officer ” means any person duly authorised to administer oaths.

2 Consequential amendments.

In the following provisions, namely—

(a) M1 section 28(1) of the Children and Young Persons Act 1963 ; and

(b) section 56(1) of the Children and Young Persons Act (Northern Ireland) 1968

M2 (each of which prescribes the form of oath for use in juvenile courts and by children and young persons in other courts) for the words “section 2 of the Oaths Act 1909” there shall be substituted the words “section 1 of the Oaths Act 1978”.

Part II United Kingdom

Oaths

3 Swearing with uplifted hand. cross-notes

If any person to whom an oath is administered desires to swear with uplifted hand, in the form and manner in which an oath is usually administered in Scotland, he shall be permitted so to do, and the oath shall be administered to him in such form and manner without further question.

4 Validity of oaths. cross-notes

(1) In any case in which an oath may lawfully be and has been administered to any person, if it has been administered in a form and manner other than that prescribed by law, he is bound by it if it has been administered in such form and with such ceremonies as he may have declared to be binding.

(2) Where an oath has been duly administered and taken, the fact that the person to whom it was administered had, at the time of taking it, no religious belief, shall not for any purpose affect the validity of the oath.

Solemn affirmations

5 Making of solemn affirmations. cross-notes

(1) Any person who objects to being sworn shall be permitted to make his solemn affirmation instead of taking an oath.

(2) Subsection (1) above shall apply in relation to a person to whom it is not reasonably practicable without inconvenience or delay to administer an oath in the manner appropriate to his religious belief as it applies in relation to a person objecting to be sworn.

(3) A person who may be permitted under subsection (2) above to make his solemn affirmation may also be required to do so.

(4) A solemn affirmation shall be of the same force and effect as an oath.

6 Form of affirmation. cross-notes

(1) Subject to subsection (2) below, every affirmation shall be as follows:—

“I, do solemnly, sincerely and truly declare and affirm,” and then proceed with the words of the oath prescribed by law, omitting any words of imprecation or calling to witness.

(2) Every affirmation in writing shall commence:—

“I, of , do solemnly and sincerely affirm,” and the form in lieu of jurat shall be “Affirmed at this day of 19 , Before me.”

Supplementary

7 Repeals and savings. cross-notes

(1) M3 The enactments specified in Part I of the Schedule to this Act (consequential repeals) and Part II of that Schedule (enactment obsolete since the Oaths Act 1888 ) are hereby repealed to the extent specified in the third column of that Schedule.

(2) In so far as anything done under an enactment repealed by this Act could have been done under a corresponding provision of this Act, it shall not be invalidated by the repeal but shall have effect as if done under that provision.

(3) Where any instrument or document refers, either expressly or by implication, to an enactment repealed by this Act, the reference shall, except where the context otherwise requires, be construed as, or as including, a reference to the corresponding provision of this Act.

(4) F1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) F1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) M4 Nothing in this Act shall be taken as prejudicing the operation of section 38 of the Interpretation Act 1889 (which relates to the effect of repeals).

8 Short title, extent and commencement.

(1) This Act may be cited as the Oaths Act 1978.

(2) Part I of this Act does not extend to Scotland.

(3) It is hereby declared that this Act extends to Northern Ireland.

(4) F2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) This Act shall come into force on the expiration of the period of one month from the date on which it is passed.

Section 7.

SCHEDULE cross-notes

Status: There are currently no known outstanding effects for the Oaths Act 1978.
Oaths Act 1978 (1978/19)
Version from: 31 October 2009

Displaying information

Status of this instrument

in force Provision is in force
in force* In force only for specified purposes (see footnote)
not in force Not in force in England (may be in force in other geographies, see footnotes)
defined term Defined term
dfn Defined term (alternative style)
footnote commentary transitional and savings in force status related provisions geo extent insert/omit source count in force adj
C1 S. 1 applied (with modifications) (31.10.2009) by The Court Martial Appeal Court Rules 2009 (S.I. 2009/2657) , rule 15 , Sch. 1
C2 S. 1 applied (with modifications) (31.10.2009) by The Armed Forces (Court Martial) Rules 2009 (S.I. 2009/2041) , rule 21
C3 S. 1 applied (with modifications) (31.10.2009) by The Armed Forces (Summary Hearing and Activation of Suspended Sentences of Service Detention) Rules 2009 (S.I. 2009/1216) , rule 14
C4 S. 1 applied (with modifications) (31.10.2009) by The Armed Forces (Summary Appeal Court) Rules 2009 (S.I. 2009/1211) , rule 28
C5 S. 1 applied (with modifications) (31.10.2009) by The Armed Forces (Service Civilian Court) Rules 2009 (S.I. 2009/1209) , rule 20
C6 S. 1 applied (with modifications) (31.10.2009) by The Armed Forces (Warrants of Arrest for Service Offences) Rules 2009 (S.I. 2009/1110) , rule 16
C7 S. 1 applied (with modifications) (31.10.2009) by The Armed Forces (Custody Proceedings) Rules 2009 (S.I. 2009/1098) , rule 21
C8 S. 1 modified (31.1.1999) by S.I. 1998/1504 (N.I. 9) , art. 19(1)(3) ; S.R. 1999/25 , art. 2
C9 S. 3-6 applied (with modifications) (31.10.2009) by The Court Martial Appeal Court Rules 2009 (S.I. 2009/2657) , rule 15 , Sch. 1
C10 S. 3-6 applied (with modifications) (31.10.2009) by The Armed Forces (Court Martial) Rules 2009 (S.I. 2009/2041) , rule 21
C11 S. 3-6 applied (with modifications) (31.10.2009) by The Armed Forces (Summary Hearing and Activation of Suspended Sentences of Service Detention) Rules 2009 (S.I. 2009/1216) , rule 14
C12 S. 3-6 applied (with modifications) (31.10.2009) by The Armed Forces (Summary Appeal Court) Rules 2009 (S.I. 2009/1211) , rule 28
C13 S. 3-6 applied (with modifications) (31.10.2009) by The Armed Forces (Service Civilian Court) Rules 2009 (S.I. 2009/1209) , rule 20
C14 S. 3-6 applied (with modifications) (31.10.2009) by The Armed Forces (Warrants of Arrest for Service Offences) Rules 2009 (S.I. 2009/1110) , rule 16
C15 S. 3-6 applied (with modifications) (31.10.2009) by The Armed Forces (Custody Proceedings) Rules 2009 (S.I. 2009/1098) , rule 21
C16 S. 3-6 applied (with modifications) (31.10.2009) by The Court Martial Appeal Court Rules 2009 (S.I. 2009/2657) , rule 15 , Sch. 1
C17 S. 3-6 applied (with modifications) (31.10.2009) by The Armed Forces (Court Martial) Rules 2009 (S.I. 2009/2041) , rule 21
C18 S. 3-6 applied (with modifications) (31.10.2009) by The Armed Forces (Summary Hearing and Activation of Suspended Sentences of Service Detention) Rules 2009 (S.I. 2009/1216) , rule 14
C19 S. 3-6 applied (with modifications) (31.10.2009) by The Armed Forces (Summary Appeal Court) Rules 2009 (S.I. 2009/1211) , rule 28
C20 S. 3-6 applied (with modifications) (31.10.2009) by The Armed Forces (Service Civilian Court) Rules 2009 (S.I. 2009/1209) , rule 20
C21 S. 3-6 applied (with modifications) (31.10.2009) by The Armed Forces (Warrants of Arrest for Service Offences) Rules 2009 (S.I. 2009/1110) , rule 16
C22 S. 3-6 applied (with modifications) (31.10.2009) by The Armed Forces (Custody Proceedings) Rules 2009 (S.I. 2009/1098) , rule 21
C23 S. 3-6 applied (with modifications) (31.10.2009) by The Court Martial Appeal Court Rules 2009 (S.I. 2009/2657) , rule 15 , Sch. 1
C24 S. 3-6 applied (with modifications) (31.10.2009) by The Armed Forces (Court Martial) Rules 2009 (S.I. 2009/2041) , rule 21
C25 S. 3-6 applied (with modifications) (31.10.2009) by The Armed Forces (Summary Hearing and Activation of Suspended Sentences of Service Detention) Rules 2009 (S.I. 2009/1216) , rule 14
C26 S. 3-6 applied (with modifications) (31.10.2009) by The Armed Forces (Summary Appeal Court) Rules 2009 (S.I. 2009/1211) , rule 28
C27 S. 3-6 applied (with modifications) (31.10.2009) by The Armed Forces (Service Civilian Court) Rules 2009 (S.I. 2009/1209) , rule 20
C28 S. 3-6 applied (with modifications) (31.10.2009) by The Armed Forces (Warrants of Arrest for Service Offences) Rules 2009 (S.I. 2009/1110) , rule 16
C29 S. 3-6 applied (with modifications) (31.10.2009) by The Armed Forces (Custody Proceedings) Rules 2009 (S.I. 2009/1098) , rule 21
C30 S. 5 applied (1.1.2004) by 1981 c. 61 , s. 42(7) (as substituted by Nationality, Immigration and Asylum Act 2002 (c. 41) , ss. 3 , 162(2) , Sch. 1 , (with s. 159); S.I. 2003/3156 , art. 2
C31 S. 3-6 applied (with modifications) (31.10.2009) by The Court Martial Appeal Court Rules 2009 (S.I. 2009/2657) , rule 15 , Sch. 1
C32 S. 3-6 applied (with modifications) (31.10.2009) by The Armed Forces (Court Martial) Rules 2009 (S.I. 2009/2041) , rule 21
C33 S. 3-6 applied (with modifications) (31.10.2009) by The Armed Forces (Summary Hearing and Activation of Suspended Sentences of Service Detention) Rules 2009 (S.I. 2009/1216) , rule 14
C34 S. 3-6 applied (with modifications) (31.10.2009) by The Armed Forces (Summary Appeal Court) Rules 2009 (S.I. 2009/1211) , rule 28
C35 S. 3-6 applied (with modifications) (31.10.2009) by The Armed Forces (Service Civilian Court) Rules 2009 (S.I. 2009/1209) , rule 20
C36 S. 3-6 applied (with modifications) (31.10.2009) by The Armed Forces (Warrants of Arrest for Service Offences) Rules 2009 (S.I. 2009/1110) , rule 16
C37 S. 3-6 applied (with modifications) (31.10.2009) by The Armed Forces (Custody Proceedings) Rules 2009 (S.I. 2009/1098) , rule 21
C38 S. 6 applied (1.1.2004) by 1981 c. 61 , s. 42(7) (as substituted by Nationality, Immigration and Asylum Act 2002 (c. 41) , ss. 3 , 162(2) , Sch. 1 , (with s. 159); S.I. 2003/3156 , art. 2
C39 S. 6(1) modified (1.6.2007) by The Citizenship Oath and Pledge (Welsh Language) Order 2007 (S.I. 2007/1484) , art. 4(2)
C40 S. 6(2) modified (1.6.2007) by The Citizenship Oath and Pledge (Welsh Language) Order 2007 (S.I. 2007/1484) , art. 4(2)
C41 The text of ss. 2, 7(1) and Sch. is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
C42 The text of ss. 2, 7(1) and Sch. is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
F1 S. 7(4)(5) repealed (28.3.2009 for certain purposes and 31.10.2009 otherwise) by Armed Forces Act 2006 (c. 52) , ss. 378 , 383 , Sch. 17 ; S.I. 2009/812 , art. 3 (with transitional provisions in { S.I. 2009/1059 }); S.I. 2009/1167 , art. 4 this amendment is subject to savings and/or transitional provisions, see the commentary. repealed
F2 S. 8(4) repealed (28.3.2009 for certain purposes and 31.10.2009 otherwise) by Armed Forces Act 2006 (c. 52) , ss. 378 , 383 , Sch. 17 ; S.I. 2009/812 , art. 3 (with transitional provisions in { S.I. 2009/1059 }); S.I. 2009/1167 , art. 4 this amendment is subject to savings and/or transitional provisions, see the commentary. repealed
M1 1963 c. 37
M2 1968 c. 34 (N.I.) .
M3 1888 c. 46 .
M4 1888 c. 163 .
Defined Term Section/Article ID Scope of Application
Affirmed at this day of 19 , Before me. s. 6 of Part II def_0737c8e046
I swear by Almighty God that . . . . . . s. 1 of Part I def_bf85a1c204
I, of , do solemnly and sincerely affirm, s. 6 of Part II def_4b81006498
officer s. 1 of Part I def_3d0436c720

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The list includes made instruments, both those in force and those yet to come into force. Typically, instruments that are not yet in force (hence their changes are not incorporated into the text above) are indicated by description 'not yet' in the changes made column.

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