§ 20. Mr. Rankinasked the Secretary of State for Scotland if, for the avoidance of doubt, he will introduce amending legislation providing that persons admitted to certain Scottish offices, such as judges of the court of session, sheriffs, justices of the peace of counties and burghs, and magistrates, shall only be required to swear or affirm allegiance to the Sovereign in conformity with Parliamentary practice in terms of the Promissory Oaths Act, 1868.
§ Mr. J. StuartThe form of the oath of allegiance taken by Members of Parliament and the forms of the official and judicial oaths taken by the holders of certain offices are prescribed in the 191 Promissory Oaths Act, 1868, and I am not aware of any reason for amending legislation.
§ Mr. RankinIs the right hon. Gentleman not aware that when Members of Parliament take the oath of allegiance or affirm the numerical designation is omitted in compliance with the Act? Why, then, in the case of these Scottish offices, should the numerical designation be employed in defiance of Section 10 of the Act?
§ Mr. StuartSection 10 of the Act lays down quite naturally—and I think very sensibly—that the name of the Sovereign of this Kingdom for the time being shall be substituted from time to time. In 1868 the name was Queen Victoria and that has quite naturally been altered, but the provision seems to have stood the test of time for a very long time.
§ Mr. RankinThat is not the question. The name does not incorporate the numerical designation, and in subsection (2) the numerical designation is not specified because none was necessary. All that Section 10 does is to provide for the change of name mentioned in subsection (2).
§ Mr. StuartIt is for the person who administers the oath to decide in what form the name of the Sovereign for the time being is to be substituted for "Queen Victoria" in the statutory formula.