Are there any exceptions?
When can I not administer oaths?
If you are a Fellow paying a reduced subscription fee (retired Fellow, non-practising Fellow or on maternity/paternity pay rates), you cannot administer oaths.
If you are in arrears with your subscriptions, you are not entitled to act as a commissioner for oaths. To do so would be acting contrary to the CILEx bye-laws, and the Legal Services Act 2007. Members who are making regular payments under direct debit arrangements are not classed as ‘in arrears’.
If you have an outstanding CPD obligation for a previous year and have not been granted an extension by CILEx Regulation, you are not entitled to act as a commissioner for oaths.
You should not administer oaths for family members (particularly spouses) where your impartiality might be questioned. For example, administering an oath for a spouse in respect of a personal injury claim for damages where it might be said you have a financial interest in that claim. In such circumstances, it would be prudent for an independent commissioner to administer the oath.
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