Acting as a Commissioner for Oaths
Before 1 January 2010, barristers had been advised that they were entitled to administer an oath and that this did not depend on whether they had a right of audience or a practising certificate. However, that position has now changed. The Legal Services Act 2007 (sections 12-13, and Schedule 5) provides that the administration of oaths is now a reserved legal activity. Such activities may only be carried out by authorised persons.
Although barristers are deemed to be authorised by the Bar Council to carry out the reserved legal activities specified in paragraph 4(2) of Schedule 5 of the 2007 Act (which includes, in sub-paragraph 4(2)(d), the administration of oaths) , paragraph 4(4) of Schedule 5 of the 2007 Act states that a person is not so authorised unless they have “in force a certificate issued by the General Council of the Bar authorising the person to practise as a barrister”.
Section 14 of the 2007 Act effectively makes it a criminal offence for a barrister to undertake reserved legal activities without a current practising certificate.
These provisions came into force on 1 January 2010 (SI 2009/3250). Barristers without a practising certificate are therefore now unable to administer an oath. (This includes barristers practising under paragraph 206.1 & 2 of the Code who do not hold a practising certificate but who are permitted by the Code to hold themselves out as barristers in connection with the provision of limited legal services.)
Barristers who are not sure whether they are entitled to a practising certificate should use the Rights of Audience Tool on the Bar Council website as eligibility depends on whether or not a barrister has a right of audience.
Professional Practice Committee
Bar Council
December 2010
