CHAPTER
31
OFFICIAL OATHS |
ARRANGEMENT OF
SECTIONS |
SECTION |
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Tendering of oath to Governor-General. |
Oaths to be taken by the Prime Minister and
others. |
Oath of allegiance and judicial oath. |
Oath to be taken by members of the Senate and
House of Assembly. |
Oaths by the Secretary to the Cabinet and certain
assistant secretaries. |
Amendment of Second Schedule and saving. |
Affirmation in lieu of oath. |
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Neglect or refusal to take oaths. |
Oaths not affected by this Act. |
SCHEDULES |
FIRST SCHEDULE - Forms of Oaths. |
SECOND SCHEDULE - Persons Required to take the Oath of
Allegiance and Judicial Oath and the Persons Empowered to Administer such
Oaths. |
CHAPTER 31 |
OFFICIAL OATHS |
An Act to
prescribe the Oath of Allegiance and the oaths to be taken by the
Governor-General and other persons in the service of The Bahamas; and to
provide for matters incidental to or connected with the foregoing. | 19 of 1973
S.I. 20/1986
S.I. 52/1998 |
[Assent 6th July,
1973]
[Commencement 10th July, 1973] |
1. This Act may be cited as the Official Oaths Act. | Short title. |
2. The oath of allegiance, the oath for the due
execution of the office of Governor-General and any person appointed to perform
the functions of the Governor-General, the oath for the execution of the office
of Prime Minister or other Minister or Parliamentary Secretary and the judicial
oath shall be in the forms set out in the First Schedule. | Form of Oaths. |
3. (1) The Governor-General and any person appointed to
perform the functions of Governor-General shall before entering upon the duties
of his office take the oath of allegiance and the oath for the due execution of
his office in the presence of such Ministers, Senators, Members of the House of
Assembly, chief officials and principal inhabitants as can conveniently be
present. | Tendering of oath to Governor-General. |
(2) The oaths
referred to in subsection (1) of this section shall be administered in
accordance with the Constitution. |
4. (1) The oath of allegiance and the oath for the due
execution of the office of Prime Minister, Minister or Parliamentary Secretary
shall be taken by the Prime Minister, Minister or Parliamentary Secretary. | Oaths to be taken by the Prime Minister and others. |
(2) The oaths
referred to in subsection (1) of this section shall be administered by the
Governor-General. |
5. The oath of allegiance and the judicial oath shall be
taken by every person holding an office specified in the first column of the
Second Schedule before assuming the duties of his office, before the person
specified in the second column of that Schedule in relation to such office. | Oath of allegiance and judicial oath. |
6. The oath of allegiance required by the Constitution
to be taken by every member of the Senate and every member of the House of
Assembly shall be taken before the appropriate House. | Oath to be taken by members of the Senate and House of
Assembly. |
7. (1) Before entering upon his duties the Secretary to
the Cabinet shall be required to take before the Prime Minister or a Minister
designated by him, the oath of allegiance and an oath in the following form | Oaths by the Secretary to the Cabinet and certain
assistant secretaries. |
"I
,
being appointed to exercise the functions of Secretary to the Cabinet of The
Bahamas do swear that I will not on any account at any time whatsoever disclose
the counsel, advice, opinion, or vote of any particular Minister and that I
will not, except with the authority of the Cabinet, directly or indirectly
reveal the business or proceedings of the Cabinet or the nature or contents of
any document or any matter coming to my knowledge in my capacity as Secretary
to the Cabinet. So help me God." |
(2) An assistant
secretary in the office of the Secretary to the Cabinet who, in the course of
his official duties is required to attend any meeting of the Cabinet, shall,
before doing so, be required to take before the Secretary to the Cabinet the
oath of allegiance and an oath in the following form- |
"I,
,
assistant secretary in the Cabinet Office of The Bahamas do swear that I will
not on any account at any time whatsoever disclose the counsel, advice, opinion
or vote of any particular Minister and that I will not, except with the authority
of the Cabinet, directly or indirectly reveal the business or proceedings of
the Cabinet or the nature or contents of any document or any matter coming to
my knowledge in my official capacity. So help me God." |
8. (1) The Governor-General, may, by order, amend the
Second Schedule. | Amendment of Second Schedule and saving. |
(2) Nothing in
this Act contained shall limit the power of the Governor-General to require the
holder of any office to take the oath of allegiance or of office or the
judicial oath as the Governor-General may see fit to direct. |
9. When an oath is required to be taken under this Act,
every person for the time being by law permitted to make a solemn affirmation or
declaration instead of taking an oath may, instead of taking such oath, make
and subscribe a solemn affirmation in the form of the oath hereby appointed
substituting the words "solemnly and sincerely affirm and declare"
for the word "swear" and omitting the words "So help me
God". | Affirmation in lieu of oath. |
10. Where in any oath prescribed by this Act the name
of Her Present Majesty is expressed, the name of the Sovereign for the time
being shall be substituted as occasion may require from time to time. | Name of Sovereign. |
11. If any holder of an office declines or neglects to
take any oath required to be taken by him when the oath is duly tendered, he
shall, if he has already entered on his office, vacate the same and, if he has
not entered on the same, be disqualified from holding the said office: | Neglect or refusal to take oaths. |
Provided that
notwithstanding anything in this Act contained it shall not be necessary for
any person who has already taken the oaths or any of them in respect of one
office to take the same oaths upon his permanent or temporary appointment to
any other office unless required to do so by the Governor-General, but he shall
take any additional oath required by this Act. |
12. Nothing in this Act contained shall affect- | Oaths not affected by this Act. |
(a) the oath to
be taken by aliens on being naturalised; |
(b) any oath
required or authorized by law to be taken or made for the purpose of attesting
any fact or verifying any account or document; or |
(c) any oath
required to be taken by any juror, witness or other person in pursuance of any
law as preliminary to or in the course of any civil, criminal or other trial,
judgment or proceeding of a judicial nature, including any arbitration. |
FIRST SCHEDULE (Section 2) |
FORMS OF OATHS |
1. Oath of
Allegiance. |
I,
................................................ do swear that I will be
faithful and bear true allegiance to Her Majesty Queen Elizabeth the Second,
Her Heirs and Successors, according to law. So help me God. |
2. Oath for the
due execution of the office of Governor-General. |
I,
.............................................. do swear that I will well and
truly serve Her Majesty Queen Elizabeth the Second in the office of
Governor-General. So help me God. |
3. Oath for the
due execution of the office of Prime Minister or other Minister or
Parliamentary Secretary. |
I,
............................................................ being appointed
Prime Minister/Minister/Parliamentary Secretary, do swear that I will to the
best of my judgment, at all times when so required, freely give my counsel and
advice to the Governor-General (or any other person for the time being lawfully
performing the functions of that office) for the good management of the public
affairs of The Bahamas, and I do further swear that I will not on any account,
at any time whatsoever, disclose the counsel, advice, opinion or vote of any
particular Minister or Parliamentary Secretary and that I will not, except with
the authority of the Cabinet and to such extent as may be required for the good
management of the affairs of The Bahamas, directly or indirectly reveal the
business or proceedings of the Cabinet or the nature or contents of any
documents communicated to me as Prime Minister/Minister/Parliamentary Secretary
or any matter coming to my knowledge in my capacity as such and that in all
things I will be a true and faithful Prime Minister/Minister/Parliamentary
Secretary. So help me God. |
4. Judicial
Oath. |
I,
...................................................... do swear that I will
well and truly serve Her Majesty Queen Elizabeth the Second, Her Heirs and
Successors, in the office of .............................................. and
will do right to all manner of people after the laws and usages of The Bahamas
without fear or favour, affection or ill will. So help me God. |
SECOND SCHEDULE (Section 5) |
PERSONS REQUIRED
TO TAKE THE OATH OF ALLEGIANCE AND JUDICIAL OATH AND THE PERSONS EMPOWERED TO
ADMINISTER SUCH OATHS |
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First Column
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Second Column
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The Chief Justice
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President of the Court of Appeal
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Governor-General
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Justice of Appeal
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Justice of the Supreme Court
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Chief Magistrate
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Stipendiary and Circuit Magistrate
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Chief Justice or a Justice of the Supreme Court
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Registrar of the Court of Appeal
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Deputy Registrar of the Court of Appeal
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Registrar of the Supreme Court
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Deputy Registrar
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Assistant Registrar
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Coroner
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Chief Magistrate
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Commissioners (Local Government Administration)
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Stipendiary and Circuit Magistrate
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Justice of the Peace
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Any Magistrate
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