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40c. 46
Scotland Act 1998

Part V

(b) if he does not fall within paragraph (a) but is nominated as a candidate at the subsequent general election, as if he were such a member until the end of the day on which the election is held.

(5) Different provision may be made under section 81 or 82 for different cases.

Other provision about members of the Parliament etc.

Oaths. 84.—(1) A person who is returned as a member of the Parliament shall take the oath of allegiance (whether or not he has taken the oath after being returned on a previous occasion or otherwise than as a member of the Parliament).

(2) He shall do so at a meeting of the Parliament and shall not take part in any other proceedings of the Parliament until he has done so.

(3) If he has not done so within the period of two months beginning with the day on which he was returned, or such longer period as the Parliament may have allowed before the end of that period, he shall cease to be a member of the Parliament (so that his seat is vacant).

(4) Each member of the Scottish Executive shall on appointment—

(a) take the official oath in the form provided by the 1868 c. 72.Promissory Oaths Act 1868, and
(b) take the oath of allegiance.

(5) Each junior Scottish Minister shall on appointment take the oath of allegiance.

(6) Subsections (4) and (5) do not require a member of the Parliament to take the oath of allegiance again if he has already done so in compliance with his duty as a member.

(7) In this section, references to taking the oath of allegiance are to taking it in the form provided by the Promissory Oaths Act 1868.

Exemption from jury service. 85.—(1) In Part III of Schedule 1 to the 1974 c. 23.Juries Act 1974 (persons excusable as of right from jury service), after the entries under the heading “Parliament” there is inserted—

“Scottish Parliament and Scottish Executive

Members of the Scottish Parliament.
Members of the Scottish Executive.
Junior Scottish Ministers.”

(2) In Part III of Schedule 1 to the 1980 c. 55.Law Reform (Miscellaneous Provisions) (Scotland) Act 1980 (persons excusable as of right from jury service), after the entries in Group A there is inserted—

Group AB
Scottish Parliament and Scottish Executive''

(a) members of the Scottish Parliament;
(b) members of the Scottish Executive; and
(c) junior Scottish Ministers.”