SCHEDULES

SCHEDULE 3Judges and other members of the Upper Tribunal

Oaths

10

1

Sub-paragraph (2) applies to a person (“J”)—

a

who is appointed under paragraph 1(1), 2(1) or 7(1), or

b

who—

i

becomes a transferred-in judge, or a transferred-in other member, of the Upper Tribunal, or

ii

becomes a deputy judge of the Upper Tribunal as a result of provision under section 31(2),

and has not previously taken the required oaths after accepting another office.

2

J must take the required oaths before—

a

the Senior President of Tribunals, or

b

an eligible person who is nominated by the Senior President of Tribunals for the purpose of taking the oaths from J.

3

A person is eligible for the purposes of sub-paragraph (2)(b) if any one or more of the following paragraphs applies to him—

a

he holds high judicial office (as defined in section 60(2) of the Constitutional Reform Act 2005 (c. 4));

b

he holds judicial office (as defined in section 109(4) of that Act);

c

he holds (in Scotland) the office of sheriff.

4

In this paragraph “the required oaths” means (subject to sub-paragraph (5))—

a

the oath of allegiance, and

b

the judicial oath,

as set out in the Promissory Oaths Act 1868 (c. 72).

5

Where it appears to the Lord Chancellor that J will carry out functions as a judge or other member of the Upper Tribunal wholly or mainly in Northern Ireland, the Lord Chancellor may direct that in relation to J “the required oaths” means—

a

the oath as set out in section 19(2) of the Justice (Northern Ireland) Act 2002 (c. 26), or

b

the affirmation and declaration as set out in section 19(3) of that Act.