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

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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.

ANNABELLE EWING

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

9th May 2017

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