ATTESTATION OF INSTRUMENTS (FACILITIES) ACT

ARRANGEMENT OF SECTIONS

   1   Short title

   2   Justices and others by Law authorised may administer oath etc in any part of the Island

   3   Members of the House of Representatives to have authority to administer oaths, etc

   4   Oath, etc administered by Justice to bear official seal

THE ATTESTATION OF INSTRUMENTS (FACILITIES) ACT

[Date of Commencement: Section 2, 7th July, 1949; Section 3, 15th August, 1957]

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Cap 24.

Law 24 of 1957.

Act 15 of 2002.

1   Short title

   This Act may be cited as the Attestation of Instruments (Facilities) Act.

2   Justices and others by Law authorised may administer oath etc in any part of the Island

   Notwithstanding the definition of "a Justice" or "a Justice of the Peace" contained in the provisions of section 3 of the Interpretation Act, or anything contained in the provisions of any other enactment of this Island to the contrary, it shall be lawful for any Justice of the Peace or other person by law authorised to administer oaths, affidavits, declarations or affirmations, to administer, take and receive the oath, affidavit, declaration or solemn affirmation of any person touching any deed, instrument, writing, matter or thing required to be sworn to, declared to, affirmed or attested under the provisions of any enactment, regulations or instrument whatsoever, at any place in the Island, whether or not the subject matter of the said deed, instrument, writing, matter or thing requiring the cognizance of a Justice or person authorised as aforesaid arises within the parish for which such Justice is appointed or other person by law authorised is for the time being.

3   Members of the House of Representatives to have authority to administer oaths, etc

   (1) Subject to the provisions of subsection (2) every Member of the House of Representatives shall, so long as he is a Member of the House of Representatives, have the same authority as a Justice of the Peace to administer, take and receive the oath, affidavit, declaration or affirmation of any person touching any deed, instrument, right, matter or thing required to be sworn to, declared to, affirmed or attested under the provisions of any enactment or regulation and to give certificates required to be given under the provisions of any enactment or regulation.

   (2) Nothing in subsection (1) shall authorise a Member of the House of Representatives to administer, take or receive an oath, affidavit, declaration or affirmation or to give a certificate which a Justice of the Peace is authorised to administer, take, receive or give in the course of any criminal investigation or prosecution.

   (3) In the exercise of the powers conferred upon him by subsection (1) a Member of the House of Representatives shall be deemed to be a Justice of the Peace.

4   Oath, etc administered by Justice to bear official seal

   Every oath, affidavit, declaration or other affirmation taken, administered or received by a Justice from any person in writing, in accordance with section 2, shall bear the official seal of that Justice.

[15/2002 s 11.]

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