The First-tier Tribunal for Scotland (Oaths) Regulations 2017

Made: 9th May 2017

Laid before the Scottish Parliament: 11th May 2017

Coming into force: 12th June 2017

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 80 of the Tribunals (Scotland) Act 2014[^f00001] and all other powers enabling them to do so.

Citation, commencement and interpretation

1

• (1) These Regulations may be cited as the First-tier Tribunal for Scotland (Oaths) Regulations 2017 and come into force on 12th June 2017.

• (2) In these Regulations, “the Act” means the Tribunals (Scotland) Act 2014.

Taking of oaths – Chamber Presidents

2

• (1) In anticipation of the transfer of the functions of a listed tribunal, the President of that tribunal may take the required oaths for the purposes of paragraph 11(3) of schedule 7 of the Act at a time prior to that person becoming a Chamber President in the First-tier Tribunal.

• (2) A person may take the required oaths under paragraph (1) only if that person has received from the Scottish Ministers a letter stating that it is their intention that that person become a Chamber President, whether by appointment or by transfer by way of regulations under paragraph 1(1) of schedule 2 of the Act.

Taking of oaths - members

3

• (1) In anticipation of the transfer of the functions of a listed tribunal, a member of that tribunal may take the required oaths for the purposes of paragraph 11(6) of schedule 7 of the Act at a time prior to that person becoming a member of the First-tier Tribunal.

• (2) A person who takes the required oaths in the circumstances referred to in paragraph (1) may do so in the presence of an appropriate office-holder.

• (3) An “appropriate office-holder” means—

• (a) a person who—

• (i) is the President of the listed tribunal of which the person taking the oaths is a member; and

• (ii) has taken the required oaths under regulation 2 or in connection with the office referred to in paragraph (i); or

• (b) a person who, by virtue of—

• (i) a letter of appointment issued to that person; or

• (ii) regulations under paragraph 1(1) of schedule 2 of the Act which have been made or laid before the Scottish Parliament in draft,

is to become a Chamber President of the chamber of the First-tier Tribunal to which the functions of the tribunal referred to in sub-paragraph (a) are to be allocated and who has taken the required oaths under regulation 2.

• (4) Nothing in paragraph (2) prevents the required oaths being taken in the presence of the President of Tribunals or a person who is already a Chamber President in the First-tier Tribunal.

Signed

ANNABELLE EWING — Authorised to sign by the Scottish Ministers — 9th May 2017

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

Paragraph 11 of schedule 7 of the Tribunals (Scotland) Act 2014 requires a Chamber President in, and members of, the First-tier Tribunal for Scotland to take “the required oaths”, being the oath of allegiance and the judicial oath as set out in the Promissory Oaths Act 1868.

Regulation 2 allows a person who is to become a Chamber President to take the oaths prior to taking up that office, where that person is the President of an existing listed tribunal and has received a letter from the Scottish Ministers stating their intention to appoint him or her as a Chamber President.

Regulation 3 makes provision allowing a person who is to become a member of the First-tier Tribunal in connection with the transfer to that Tribunal of the functions of an existing tribunal to take the oaths on a day prior to membership commencing. The oaths may be taken in the presence of the President of the existing tribunal in question or of a person who is to become a Chamber President in the chamber of the Tribunal to which the functions of that existing tribunal are to be allocated.

Footnotes

[^f00001]: 2014 asp 10.