Commissioner for Oaths

All about Commissioners for Oaths

Searching for a Commissioner for Oaths

Commissioner for Oaths and Google

This Commissioner for Oaths website generates a number of enquiries from people who are not in my area.

I have been checking the search terms used and the following come up quite a bit. It might be a reflection on the lack of attention paid when typing in a search query or it may be many people can’t spell the term correctly or don’t know the proper terminology. These are some used that found their way here:

The thing is Google can see through the small errors and the searchess still get here. Clever stuff.

Certified Copies of Lasting Power of Attorney

Since 1st October 2011 the Office of the Public Guardian (OPG) which is the organisation responsible for registering and supervising Lasting Powers of Attorney are not providing Office Copies of the LPAs on demand.

If they do provide them and this will be in exceptional circumstances they will charge £35 each.

For most people with LPAs it is advisable to have use-able copies so if you can’t get Office Copies the next best thing is a certified copy of the LPA.

So this is something that you might see a Commissioner for Oaths or a solicitor for.

Do get a quote because some might want to charge quite a lot for this service and certainly no less than £35.

Commissioner for Oaths and Barristers

Bar Council Guidance about Commissioner for Oaths

Here is the Bar Council’s guidance about barristers being Commissioners for Oaths. It highlights the change as at January 2010 which meant that non-practising barristers without a right of audience are no longer considered to be as a Commisioner for Oaths.

Acting as a Commissioner for Oaths

To date barristers have been advised that they are entitled to administer an oath and that this right does not depend on whether they have a right of audience or a practising certificate. However, the Legal Services Act 2007 (S.4, 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 reserved legal activities, Section 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 makes it a criminal offence for a barrister to undertake reserved legal activities without a current practising certificate.

These provisions are due to come into force on 1 January 2010. Barristers without a practising certificate will therefore be unable to administer an oath after this date. 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
October 2009