FAQ 1

Q1. Can I act as a Commissioner for Oaths?

A1. As of 1 January 2010, the right to administer an Oath has been limited to members of the Bar with a practising certificate. Part 2 of Schedule 5 of the Legal Services Act 2007, which came into force on this date, limits the right to administer oaths to “authorised persons”. The 2007 Act defines “authorised persons” as individuals who have “in force a certificate issued by the General Council of the Bar authorising the person to practise as a barrister”. The practical effect of this is that since 1 January 2010 barristers without a current practising certificate are prohibited from acting as a Commissioner for Oaths.

From time to time, the Professional Practice Committee is asked to advise on which activities fall within the terms of reference for a Commissioner for Oaths. This is an area that goes beyond the Code of Conduct and as such cannot be dealt with by the Ethical Enquiries Team.