sec.70Oaths or affirmations taken or made by judicial registrars

### sec.70 Oaths or affirmations taken or made by judicial registrars This section applies if— a person (the judicial registrar ) was appointed under section 53 or 53A; and at any time during the period from and including 12 April 2013 to and including 24 April 2015 the judicial registrar— took the oath under section 4(1) of the repealed regulation (the 2003 oath ); or made the affirmation under section 4(2) of the repealed regulation (the 2003 affirmation ); and the 2003 oath was taken, or the 2003 affirmation was made— in the way permitted for the taking of oaths, or the making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 53F(2); and within 3 months after the appointment of the judicial registrar. It is declared that— if subsection (1)(b)(i) applies—the judicial registrar’s act of taking the 2003 oath is, was and always has been, as effective for all purposes as it would be if the judicial registrar had taken the oath prescribed for section 53F(1) by the Magistrates Regulation 2013 (the 2013 oath ) instead of the 2003 oath; or if subsection (1)(b)(ii) applies—the judicial registrar’s act of making the 2003 affirmation is, was and always has been, as effective for all purposes as it would be if the judicial registrar had made the affirmation prescribed for section 53F(1) by the Magistrates Regulation 2013 (the 2013 affirmation ) instead of the 2003 affirmation. It is also declared that— a relevant exercise of a power or function by the judicial registrar is, or was and always has been, as valid as it would be if the judicial registrar had— taken the 2013 oath instead of the 2003 oath; or made the 2013 affirmation instead of the 2003 affirmation; and the judicial registrar did not, and does not, cease to hold office as a judicial registrar under section 53F(3), or cease to be a judicial registrar under section 53N(1)(f), only because the judicial registrar did not take the 2013 oath or make the 2013 affirmation within the period prescribed by section 53F(3). In this section— relevant exercise of a power or function , for the judicial registrar— means an exercise of a power or the performance of a function of a judicial registrar (including the making of any decision or order whether as a judicial registrar, or when exercising the jurisdiction and powers of a magistrate or constituting, and exercising the jurisdiction and powers of, a Magistrates Court), by the judicial registrar, after the judicial registrar took the 2003 oath or made the 2003 affirmation; and includes an exercise of a power or function of a judicial registrar, by the judicial registrar, after the commencement. s 70 ins 2015 No. 1 s 4 (sec.70-ssec.1) This section applies if— a person (the judicial registrar ) was appointed under section 53 or 53A; and at any time during the period from and including 12 April 2013 to and including 24 April 2015 the judicial registrar— took the oath under section 4(1) of the repealed regulation (the 2003 oath ); or made the affirmation under section 4(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 53F(2); and within 3 months after the appointment of the judicial registrar. (sec.70-ssec.2) It is declared that— if subsection (1)(b)(i) applies—the judicial registrar’s act of taking the 2003 oath is, was and always has been, as effective for all purposes as it would be if the judicial registrar had taken the oath prescribed for section 53F(1) by the Magistrates Regulation 2013 (the 2013 oath ) instead of the 2003 oath; or if subsection (1)(b)(ii) applies—the judicial registrar’s act of making the 2003 affirmation is, was and always has been, as effective for all purposes as it would be if the judicial registrar had made the affirmation prescribed for section 53F(1) by the Magistrates Regulation 2013 (the 2013 affirmation ) instead of the 2003 affirmation. (sec.70-ssec.3) It is also declared that— a relevant exercise of a power or function by the judicial registrar is, or was and always has been, as valid as it would be if the judicial registrar had— taken the 2013 oath instead of the 2003 oath; or made the 2013 affirmation instead of the 2003 affirmation; and the judicial registrar did not, and does not, cease to hold office as a judicial registrar under section 53F(3), or cease to be a judicial registrar under section 53N(1)(f), only because the judicial registrar did not take the 2013 oath or make the 2013 affirmation within the period prescribed by section 53F(3). (sec.70-ssec.4) In this section— relevant exercise of a power or function , for the judicial registrar— means an exercise of a power or the performance of a function of a judicial registrar (including the making of any decision or order whether as a judicial registrar, or when exercising the jurisdiction and powers of a magistrate or constituting, and exercising the jurisdiction and powers of, a Magistrates Court), by the judicial registrar, after the judicial registrar took the 2003 oath or made the 2003 affirmation; and includes an exercise of a power or function of a judicial registrar, by the judicial registrar, after the commencement. - (a) a person (the judicial registrar ) was appointed under section 53 or 53A; and - (b) at any time during the period from and including 12 April 2013 to and including 24 April 2015 the judicial registrar— (i) took the oath under section 4(1) of the repealed regulation (the 2003 oath ); or (ii) made the affirmation under section 4(2) of the repealed regulation (the 2003 affirmation ); and - (i) took the oath under section 4(1) of the repealed regulation (the 2003 oath ); or - (ii) made the affirmation under section 4(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 53F(2); and (ii) within 3 months after the appointment of the judicial registrar. - (i) in the way permitted for the taking of oaths, or the making of affirmations, under section 53F(2); and - (ii) within 3 months after the appointment of the judicial registrar. - (i) took the oath under section 4(1) of the repealed regulation (the 2003 oath ); or - (ii) made the affirmation under section 4(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 53F(2); and - (ii) within 3 months after the appointment of the judicial registrar. - (a) if subsection (1)(b)(i) applies—the judicial registrar’s act of taking the 2003 oath is, was and always has been, as effective for all purposes as it would be if the judicial registrar had taken the oath prescribed for section 53F(1) by the Magistrates Regulation 2013 (the 2013 oath ) instead of the 2003 oath; or - (b) if subsection (1)(b)(ii) applies—the judicial registrar’s act of making the 2003 affirmation is, was and always has been, as effective for all purposes as it would be if the judicial registrar had made the affirmation prescribed for section 53F(1) by the Magistrates Regulation 2013 (the 2013 affirmation ) instead of the 2003 affirmation. - (a) a relevant exercise of a power or function by the judicial registrar is, or was and always has been, as valid as it would be if the judicial registrar had— (i) taken the 2013 oath instead of the 2003 oath; or (ii) made the 2013 affirmation instead of the 2003 affirmation; and - (i) taken the 2013 oath instead of the 2003 oath; or - (ii) made the 2013 affirmation instead of the 2003 affirmation; and - (b) the judicial registrar did not, and does not, cease to hold office as a judicial registrar under section 53F(3), or cease to be a judicial registrar under section 53N(1)(f), only because the judicial registrar did not take the 2013 oath or make the 2013 affirmation within the period prescribed by section 53F(3). - (i) taken the 2013 oath instead of the 2003 oath; or - (ii) made the 2013 affirmation instead of the 2003 affirmation; and - (a) means an exercise of a power or the performance of a function of a judicial registrar (including the making of any decision or order whether as a judicial registrar, or when exercising the jurisdiction and powers of a magistrate or constituting, and exercising the jurisdiction and powers of, a Magistrates Court), by the judicial registrar, after the judicial registrar took the 2003 oath or made the 2003 affirmation; and - (b) includes an exercise of a power or function of a judicial registrar, by the judicial registrar, after the commencement.