Promissory Oaths Act 1871

In the United Kingdom, acts of Parliament remain in force until expressly repealed. Blackstone's Commentaries on the Laws of England, published in the late 18th century, raised questions about the system and structure of the common law and the poor drafting and disorder of the existing statute book. From 1810 to 1825, The Statutes of the Realm was published, providing the first authoritative collection of acts. The first statute law revision act was not passed until 1856 with the Repeal of Obsolete Statutes Act 1856 (19 & 20 Vict. c. 64). This approach — focusing on removing obsolete laws from the statute book followed by consolidation — was proposed by Peter Locke King MP, who had been highly critical of previous commissions' approaches, expenditures, and lack of results. The Declarations Before Taking Office Act 1866 (29 & 30 Vict. c. 22) and the Promissory Oaths Act 1868 (31 & 32 Vict. c. 72) provided for the form of oath of allegiance to be made, rendering several statutes unnecessary. == Passage ==

The bill had its first reading in the House of Lords on 30 March 1871, introduced by the Lord Chancellor, William Wood, 1st Baron Hatherley. The bill had its second reading in the House of Lords on 24 April 1871 and was committed to a committee of the whole house, The bill had its second reading in the House of Commons on 12 June 1871 and was committed to a Committee of the Whole House, which met on 26 June 1871 and 27 June 1871, during which a Motion to refer the bill to a select committee was withdrawn during debate. The bill was re-committed to a committee of the whole house on 29 June 1871, which met and reported on 29 June 1871, with amendments. The amended bill had its third reading in the House of Commons on 3 July 1871 and passed, without amendments. The amended bill was considered and agreed to by the House of Lords on 10 July 1871. The bill was granted royal assent on 13 July 1871. == Legacy ==

The act was intended, in particular, to facilitate the preparation of a revised edition of the statutes. The act was partly in force in Great Britain at the end of 2010. Section one to end of subsection (1) and the schedules to the act was repealed by section 1 of, and schedule 1 to, the Statute Law Revision Act 1883 (46 & 47 Vict. c. 39). == Repealed enactments ==

Section 1 of the act repealed 199 enactments, listed in the first, second, third and fourth schedules to the act. Section 1 of the act included several safeguards to ensure that the repeal does not negatively affect existing rights or ongoing legal matters. Specifically, any legal rights, privileges, or remedies already obtained under the repealed laws, as well as any legal proceedings or principles established by them, remain unaffected. Section 1 of the act also provided that if someone is exempt from taking an oath or making a declaration that would normally be required for a position or benefit, they can still qualify for it by meeting all other conditions, as if they had taken the oath. Section 2 of the act specified where officers should take their oaths of allegiance and judicial oaths across Great Britain and Ireland, either before crown-appointed persons or in open court before various senior judges and courts, with specific provisions for England, Scotland, and Ireland's distinct legal systems. == See also ==