§ 109 After Clause 47, insert the following clause:—
§ Administration of oaths etc. by justices in certain probate business
1430§ '.—(1) Every justice shall have power to administer any oath or take any affidavit which is required for the purposes of an application for a grant of probate or letters of administration made in any non-contentious or common form probate business.
§ (2) A justice before whom any oath or affidavit is taken or made under this section shall state in the jurat or attestation at what place and on what date the oath or affidavit is taken or made.
§ (3) No justice shall exercise the powers conferred by this section in any proceedings in which he is interested.
§ (4) A document purporting to be signed by a justice administering an oath or taking an affidavit shall be admitted in evidence without proof of the signature and without proof that he is a justice.
§ (5) In this section—
- "affidavit" has the same meaning as in the Commissioners for Oaths Act 1889;
- "justice" means a justice of the peace;
- "letters of administration" includes all letters of administration of the effects of deceased persons, whether with or without a will annexed, and whether granted for general, special or limited purposes; and
- "non-contentious or common form probate business" has the same meaning as in section 128 of the Supreme Court Act 1981.'.
§ The Lord ChancellorMy Lords, I beg to move that the House do agree with the Commons in their Amendment No. 109. This is an interesting amendment which was raised in the other place and enables justices of the peace to administer an oath or take affidavits in non-contentious probate matters. It will give the public greater access to people who may undertake such duties, as magistrates' courts are usually easily accessible and well spread across the country.
The Government believe that justices have the necessary basic expertise to undertake this new function, although it is intended that suitable training should be given to justices to ensure that the various statutory requirements and rules are complied with.
Lastly, I should perhaps mention that it is not intended that justices should be able to charge a fee for performing this service as they are not allowed to benefit financially from their position. The tradition of the magistracy, apart from the stipendiary magistracy, is that it is an honour to be performed without financial reward.
Moved, That the House do agree with the Commons in their Amendment No. 109.—(The Lord Chancellor.)
§ On Question, Motion agreed to.