The Rules of the Supreme Court (Northern Ireland) (Revision) 1980

II. COMMISSIONERS FOR OATHS

Application for appointment

2.—(1) An application for appointment as a commissioner for oaths shall be made by sending to the Principal Secretary a memorial in Form No. 50 in Appendix A. together with two certificates in Form No. 51 in Appendix A, signed respectively by—

(a) at least 6 solicitors practising in the district for which the appointment is sought, and

(b) magistrates, traders and residents in such district.

(2) The applicant shall send a copy of his memorial to every commissioner for oaths for such district.

Objection to appointment

3.  A commissioner for oaths for the district to which the application relates may object to the appointment sought in a letter to the Principal Secretary, setting forth the grounds of his objection and, before making any appointment, the Lord Chief Justice shall have regard to any such objection.

Other considerations affecting appointment

4.  The Lord Chief Justice shall in any case, before making any appointment, have regard to—

(a) the population of the district to which the application relates,

(b) the number of commissioners for oaths already in office for such district, and

(c) any other circumstances which he considers to be relevant.

Warrant of appointment

5.—(1) A warrant of appointment as a commissioner for oaths shall be in Form No. 52 in Appendix A hereto, and shall, issue from the Lord Chief Justice's Office.

(2) A person appointed a commissioner for oaths shall not enter upon the duties of his office until his warrant of appointment has issued.

Conditions of appointment

6.  Subject to the right of the Lord Chief Justice to specify the conditions, territory, duration or purpose of an appointment in a particular case, appointment as a commissioner for oaths shall be made in accordance with the following rules in this Part.

Revocation and variation of appointment

7.—(1) The Lord Chief Justice may at any time revoke the appointment of a commissioner for oaths or vary the conditions or limits of any such appointment.

(2) A commissioner for oaths shall be informed forthwith in writing by the Principal Secretary of any revocation or variation of his appointment.

Solicitors and clerks of petty sessions

8.—(1) A solicitor already in office as a commissioner for oaths who does not hold a current practising certificate shall cease to be a commissioner for oaths.

(2) A clerk of petty sessions who is a commissioner for oaths shall, on ceasing to act as clerk of petty sessions for a district specified in his warrant of appointment, cease to be a commissioner for oaths for that district.

(3) A clerk of petty sessions in office as a commissioner for oaths at the time of his appointment to another district may apply to the Lord Chief Justice for the issue of a new warrant of appointment entitling him to act as a commissioner for oaths for that district.

(4) Such application shall be made by letter addressed to the Principal Secretary.