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.