sec.68Oaths or affirmations taken or made by magistrates

### sec.68 Oaths or affirmations taken or made by magistrates This section applies if— a person (the magistrate ) was appointed under section 5 or 6; and at any time during the period from and including 12 April 2013 to and including 24 April 2015 the magistrate— took and subscribed the oath under section 3(1) of the repealed regulation (the 2003 oath ); or made and subscribed the affirmation under section 3(2) of the repealed regulation (the 2003 affirmation ); and the 2003 oath was taken, or the 2003 affirmation was made— in the way permitted for the taking of oaths, or the making of affirmations, under section 9(2); and within 3 months after the appointment of the magistrate. It is declared that— if subsection (1)(b)(i) applies—the magistrate’s act of taking and subscribing the 2003 oath is, was and always has been, as effective for all purposes as it would be if the magistrate had taken and subscribed the oath prescribed for section 9(1) by the Magistrates Regulation 2013 (the 2013 oath ) instead of the 2003 oath; or if subsection (1)(b)(ii) applies—the magistrate’s act of making and subscribing the 2003 affirmation is, was and always has been, as effective for all purposes as it would be if the magistrate had made and subscribed the affirmation prescribed for section 9(1) by the Magistrates Regulation 2013 (the 2013 affirmation ) instead of the 2003 affirmation. It is also declared that— a relevant exercise of jurisdiction by the magistrate is, or was and always has been, as valid as it would be if the magistrate had— taken and subscribed the 2013 oath instead of the 2003 oath; or made and subscribed the 2013 affirmation instead of the 2003 affirmation; and the magistrate did not, and does not, cease to hold office as a magistrate under section 9(3), or cease to be a magistrate under section 42(e), only because the magistrate did not take the 2013 oath or make the 2013 affirmation within the period prescribed by section 9(3). In this section— relevant exercise of jurisdiction , by a magistrate— means an exercise of the jurisdiction, powers and functions conferred on a magistrate, or on 2 justices, by or under any law of the State (including the making of any decision or order), by the magistrate, after the magistrate took the 2003 oath or made the 2003 affirmation; and includes a relevant exercise of jurisdiction after the commencement. s 68 ins 2015 No. 1 s 4 (sec.68-ssec.1) This section applies if— a person (the magistrate ) was appointed under section 5 or 6; and at any time during the period from and including 12 April 2013 to and including 24 April 2015 the magistrate— took and subscribed the oath under section 3(1) of the repealed regulation (the 2003 oath ); or made and subscribed the affirmation under section 3(2) of the repealed regulation (the 2003 affirmation ); and the 2003 oath was taken, or the 2003 affirmation was made— in the way permitted for the taking of oaths, or the making of affirmations, under section 9(2); and within 3 months after the appointment of the magistrate. (sec.68-ssec.2) It is declared that— if subsection (1)(b)(i) applies—the magistrate’s act of taking and subscribing the 2003 oath is, was and always has been, as effective for all purposes as it would be if the magistrate had taken and subscribed the oath prescribed for section 9(1) by the Magistrates Regulation 2013 (the 2013 oath ) instead of the 2003 oath; or if subsection (1)(b)(ii) applies—the magistrate’s act of making and subscribing the 2003 affirmation is, was and always has been, as effective for all purposes as it would be if the magistrate had made and subscribed the affirmation prescribed for section 9(1) by the Magistrates Regulation 2013 (the 2013 affirmation ) instead of the 2003 affirmation. (sec.68-ssec.3) It is also declared that— a relevant exercise of jurisdiction by the magistrate is, or was and always has been, as valid as it would be if the magistrate had— taken and subscribed the 2013 oath instead of the 2003 oath; or made and subscribed the 2013 affirmation instead of the 2003 affirmation; and the magistrate did not, and does not, cease to hold office as a magistrate under section 9(3), or cease to be a magistrate under section 42(e), only because the magistrate did not take the 2013 oath or make the 2013 affirmation within the period prescribed by section 9(3). (sec.68-ssec.4) In this section— relevant exercise of jurisdiction , by a magistrate— means an exercise of the jurisdiction, powers and functions conferred on a magistrate, or on 2 justices, by or under any law of the State (including the making of any decision or order), by the magistrate, after the magistrate took the 2003 oath or made the 2003 affirmation; and includes a relevant exercise of jurisdiction after the commencement. - (a) a person (the magistrate ) was appointed under section 5 or 6; and - (b) at any time during the period from and including 12 April 2013 to and including 24 April 2015 the magistrate— (i) took and subscribed the oath under section 3(1) of the repealed regulation (the 2003 oath ); or (ii) made and subscribed the affirmation under section 3(2) of the repealed regulation (the 2003 affirmation ); and - (i) took and subscribed the oath under section 3(1) of the repealed regulation (the 2003 oath ); or - (ii) made and subscribed the affirmation under section 3(2) of the repealed regulation (the 2003 affirmation ); and - (c) the 2003 oath was taken, or the 2003 affirmation was made— (i) in the way permitted for the taking of oaths, or the making of affirmations, under section 9(2); and (ii) within 3 months after the appointment of the magistrate. - (i) in the way permitted for the taking of oaths, or the making of affirmations, under section 9(2); and - (ii) within 3 months after the appointment of the magistrate. - (i) took and subscribed the oath under section 3(1) of the repealed regulation (the 2003 oath ); or - (ii) made and subscribed the affirmation under section 3(2) of the repealed regulation (the 2003 affirmation ); and - (i) in the way permitted for the taking of oaths, or the making of affirmations, under section 9(2); and - (ii) within 3 months after the appointment of the magistrate. - (a) if subsection (1)(b)(i) applies—the magistrate’s act of taking and subscribing the 2003 oath is, was and always has been, as effective for all purposes as it would be if the magistrate had taken and subscribed the oath prescribed for section 9(1) by the Magistrates Regulation 2013 (the 2013 oath ) instead of the 2003 oath; or - (b) if subsection (1)(b)(ii) applies—the magistrate’s act of making and subscribing the 2003 affirmation is, was and always has been, as effective for all purposes as it would be if the magistrate had made and subscribed the affirmation prescribed for section 9(1) by the Magistrates Regulation 2013 (the 2013 affirmation ) instead of the 2003 affirmation. - (a) a relevant exercise of jurisdiction by the magistrate is, or was and always has been, as valid as it would be if the magistrate had— (i) taken and subscribed the 2013 oath instead of the 2003 oath; or (ii) made and subscribed the 2013 affirmation instead of the 2003 affirmation; and - (i) taken and subscribed the 2013 oath instead of the 2003 oath; or - (ii) made and subscribed the 2013 affirmation instead of the 2003 affirmation; and - (b) the magistrate did not, and does not, cease to hold office as a magistrate under section 9(3), or cease to be a magistrate under section 42(e), only because the magistrate did not take the 2013 oath or make the 2013 affirmation within the period prescribed by section 9(3). - (i) taken and subscribed the 2013 oath instead of the 2003 oath; or - (ii) made and subscribed the 2013 affirmation instead of the 2003 affirmation; and - (a) means an exercise of the jurisdiction, powers and functions conferred on a magistrate, or on 2 justices, by or under any law of the State (including the making of any decision or order), by the magistrate, after the magistrate took the 2003 oath or made the 2003 affirmation; and - (b) includes a relevant exercise of jurisdiction after the commencement.