Oaths (Non-Citizens) Act


2008 Revised Edition

CAP. 7.44






OATHS (NON-CITIZENS) ACT

Oaths (Non-Citizens) Act CAP. 7.44 Section 1





2008 Revised Edition


Page 3



OATHS (NON-CITIZENS) ACT

TO MAKE PROVISION FOR NON-CITIZENS IN RESPECT OF CERTAIN
OATHS, ETC.1

Commencement [1 January 1985]

1 Short title
This Act may be cited as the Oaths (Non-Citizens) Act.

2 Taking of certain oaths, etc., by non-citizens
(1) When —

(a) it is desirable that a person who is not a citizen of Tuvalu be appointed
to a public office or to an office established by or under an Act; and

(b) it is a requirement that in order to be qualified for appointment or to
perform the functions of the office a person must take an oath or make
an affirmation or declaration of allegiance, or take or make some other
oath, affirmation or declaration; and

(c) the Cabinet is satisfied that, because of the law of some other country,
to take or make the oath, affirmation or declaration in the prescribed
manner or form would or might adversely affect the citizenship or
nationality status of the person concerned,

the Governor-General, acting in accordance with the advice of the Cabinet,
may, by order —
(d) substitute some other form of oath, affirmation or declaration in the

case of the person; or
(e) exempt the person from the requirement.

(2) Nothing in subsection (1) allows the appointment of a person who is not a
citizen of Tuvalu to any office that is by law reserved for citizens of Tuvalu.

Section 3 CAP. 7.44 Oaths (Non-Citizens) Act



Page 4 2008 Revised Edition



3 Effect of section 2
A person to whom an order under section 2(1) applies is —

(a) in a case to which section 2(1)(d) applies - on the taking or making of
the substituted form of oath, affirmation or declaration; or

(b) in a case to which section 2(1)(e) applies - on taking up the
appointment, or on entering into the performance of the functions of the
office,

subject to all laws applicable to the office, or to the functions of the office, as if he
had taken or made the oath, affirmation or declaration of allegiance, or taken or
made the other oath, affirmation or declaration referred to in section 2(1 )(b).







ENDNOTES


1 1990 Revised Edition, Cap. 6A – Act 11 of 1984