Section 5C OathsF1

(1)

Subsection (2) applies to a person (“the appointee”)—

(a)

who is appointed—

(i)

as President of the Employment Tribunals (England and Wales),

(ii)

as President of the Employment Tribunals (Scotland), or

(iii)

as a member of a panel (as defined in section 5B(4)), and

(b)

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

(2)

The appointee 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 the appointee.

(3)

If the appointee is a President or panel member appointed before the coming into force of this section, the requirement in subsection (2) applies in relation to the appointee from the coming into force of this section.

(4)

A person is eligible for the purposes of subsection (2)(b) if 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);

(b)

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

(c)

he holds (in Scotland) the office of sheriff.

(5)

In this section “the required oaths” means—

(a)

the oath of allegiance, and

(b)

the judicial oath,

as set out in the Promissory Oaths Act 1868.

Annotations

Textual amendments

F1: Ss. 5A-5D inserted (3.11.2008) by Tribunals, Courts and Enforcement Act 2007 (c. 15), ss. 48(1), 148, Sch. 8 para. 40; S.I. 2008/2696, art. 5(c)(i) (with art. 3)

Notes on the whole Act

Textual amendments

F1: The Industrial Tribunals Act 1996 may be cited as the Employment Tribunals Act 1996 (1.8.1998) by virtue of 1998 c. 8, s. 1(2) (with s. 16(2)); S.I. 1998/1658, art. 2(1), Sch. 1
F2: Words in long title substituted (1.8.1998) by 1998 c. 8, s. 1(2)(b) (with s. 16(2); S.I. 1998/1658, art. 2(1), Sch. 1

Notes on Part I

Textual amendments

F1: S. 12A applied (with modifications) by 1992 c. 52, s. 138(2A) as inserted (6.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 3 para. 1 (with s. 24(5)); S.I. 2014/253, art. 3(h)
F2: Words in part heading substituted (1.8.1998) by 1998 c. 8, s. 1(2)(b) (with s. 16(2)); S.I. 1998/1658, art. 2(1), Sch. 1