The attached information has been prepared as part one of a three-part media guide to the early business of the Scottish Parliament. The other guides cover the election of the Presiding Officer and their two Deputies and the selection of the First Minister, Law Officers, other Ministers and Junior Ministers.

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Under the terms of the Scotland Act 1998, Sections 84(1) and 84(2), a person who is returned as a member of the Scottish Parliament cannot take part in any proceedings until he or she has taken the oath of allegiance or made a solemn affirmation. While the Act allows members two months from the date of their election to take the oath it is anticipated that members will wish to do so as soon as possible.

The morning of the Parliament’s first meeting on Wednesday, May 12, therefore, has been set aside to allow MSPs to take the oath or make a solemn affirmation. This will be the first business of the Scottish Parliament.

In accordance with the Standing Orders of the Parliament the oldest qualified member (defined as the oldest member who does not intend to stand as a candidate for Presiding Officer or First Minister and who is not a leader of a party with more than five MSPs) will be sworn in first by the Clerk at 9.30am.

He or she will then immediately take the Chair from the Clerk to preside over the remainder of the oath-taking procedure.

Members will arrive for the oath-taking throughout the morning, at times agreed in advance. This will be done in groups of ten and will take place from 9.40am onwards. Details of the order in which members are expected to arrive will be made available early next week.

Members will be led into the Chamber in two groups of five from the east and west corridors.

After being ushered to the area in front of the dais they will be asked whether they wish to take the oath or the affirmation. The choice is a personal one and the effect of both is the same.

The oath states: "I (Member’s Name), do swear that I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth, Her Heirs and Successors, according to Law. So help me God."

The affirmation states: "I (Member’s Name), do solemnly, sincerely and truly declare and affirm that I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth, Her Heirs and Successors, according to Law."

Members will be handed a card with either the oath or the affirmation, according to their choice, and asked to repeat the words after the officiating Clerk. They may then repeat the oath or affirmation in a language other than English. The text of both the oath and the affirmation will be available in Scottish Gaelic, Cantonese, Punjabi, Urdu, Gujurati and Hindi. These languages were selected on the basis of the extent of usage in Scotland. They were also the languages in which the referendum literature was printed. If the MSP proposes another language he or she will be able to recite this but no text will be provided.

Members will then be asked to sign and date the Parliamentary Register, before exiting the Chamber via the doors next to the dais. They are free to re-enter the Chamber. The Register will be an A3 piece of loose leaf archival quality paper which has either the text of the oath or the affirmation inscribed at the top of each page. This will be bound once all 129 MSPs have signed it.

Any member who refuses to take the oath or the affirmation will be disbarred from taking part in any other proceedings of the Parliament and from being paid any salary and allowances until he or she has done so. If any member has not taken the oath or affirmation within two months of the day of their election they shall cease to be a Member of the Parliament (unless the Parliament agrees to extend this period).

The oath taking ceremony is expected to last from 9.30am until 12.30pm.

NOTE FOR EDITORS

Media access to the Assembly Hall and press gallery will be limited on the opening sitting days of Parliament, with seats allocated by the media relations office on a pool/ballot basis.

Space is limited in the Assembly Hall and there will be a maximum of one previously-accredited reporter per newspaper / broadcast programme allocated a seat.

An ‘overspill’ facility for reporters will be provided in one of the large committee rooms in the nearby Committee Chambers building, with a large screen audio visual feed of proceedings.