The first order of business for the new Parliament is the swearing in of members of the Scottish Parliament (MSPs) returned at the general election on 7 May 2026. This is expected to take place on the morning of Thursday 14th May 2026 as detailed in the Business Bulletin on Tuesday 24 March 2026.
This blog explains what happens when MSPs are sworn in and provides information on the rules around the taking of the oath of allegiance or making of a solemn affirmation.
What is meant by MSPs being sworn in?
After an election, all MSPs are sworn in. This is the case for MSPs who are newly elected and those who have held office previously. This is the first thing which happens at the start of the new Session of Parliament.
Being sworn in refers to MSPs taking the oath of allegiance or making of a solemn affirmation.
Why are MSPs sworn in?
Being sworn in is a requirement under the Scotland Act 1998 and under the Standing Orders of the Parliament.
The Scotland Act 1998 (section 13) provides that an MSP’s term of office starts on the day on which they are declared to be returned as a member of the Parliament and ends with dissolution (unless the Member is disqualified or stands down during the Session).
Section 84 of the Scotland Act 1998 also requires that those returned to the Parliament take an oath of allegiance. No one is able to take part in proceedings of the Parliament (that is business in the Chamber and committee meetings but also entitlement to salary, allowances and expenses) until they have taken the oath.
If an MSP does not take the oath within two months (or longer if the Parliament allows) from the date on which they were returned (for the Scottish Parliament general election on 7 May 2026 this would be from 8 May 2026) then they are no longer an MSP and their seat becomes vacant. If the Parliament decides before the two month period ends that an extension is permissible this can only be granted through a motion proposed by an MSP, seconded by another MSP and agreed by the Parliament (Standing Orders Rule 1.2.4).
Section 84 of the Scotland Act 1998 provides:
(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).
The requirement also appears in the Standing Orders of the Scottish Parliament. Rule 1.2 relates to the oath of allegiance and states:
Rule 1.2 Oath of allegiance
- Every person who is returned as a member shall take the oath of allegiance or shall make a solemn affirmation at a meeting of the Parliament before the Clerk. A member shall not take part in any other proceedings of the Parliament until that member has done so.
- A member may, immediately after taking the oath or making a solemn affirmation, repeat the oath or affirmation in a language other than English.
- The member shall then sign a register kept by the Clerk for the purpose, indicating that the member has taken the oath or, as the case may be, made a solemn affirmation.
What is the Oath of allegiance?
The Scotland Act 1998 refers only to the persons returned to the Parliament making an oath of allegiance as prescribed by the Promissory Oaths Act 1868. The Oaths Act 1978 provides for the general right to affirm. This means individuals who, for example because of religious beliefs, choose not to swear allegiance can make a solemn affirmation.
The form for MSPs taking the oath of allegiance or making a solemn affirmation is set out in statute (the oath in the form provided in section 2 of the Promissory Oaths Act 1868 and the affirmation in the form provided in section 6(1) of the Oaths Act 1978).
The oath states:
I (Member’s Name), do swear that I will be faithful and bear true allegiance to His Majesty King Charles, His 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 His Majesty King Charles, His Heirs and Successors, according to Law.
What is the process for taking the oath or making a solemn affirmation?
The procedure for the Oath of allegiance is set out in Rule 1.2 of the Standing Orders of the Scottish Parliament. It is the Presiding Officer of the Parliament (i.e., the Presiding Officer of the last Session, as that Presiding Officer remains in office until a new Presiding Officer is elected).
Each MSP must take the oath of allegiance or make a solemn affirmation at a parliamentary meeting before the Clerk. Party leaders take the oath or affirmation first and MSPs are then called in alphabetical order. The oath or affirmation must be taken in English. Immediately after taking the oath or making the affirmation, the member has the option to repeat it in a language other than English.
Following this, the MSP must sign a register maintained by the Clerk, confirming that they have taken the oath or made the affirmation.
Can MSPs say anything before they take the oath or make a solemn affirmation?
The Standing Orders of the Scottish Parliament do not prevent a member from “prefacing” their oath or solemn affirmation. Members in each session of the Scottish Parliament have done so before making their oath. Some examples of Members prefacing their oath following the 2021 Scottish Parliament elections are below:
Nicola Sturgeon (Glasgow Southside) (SNP):
The Scottish National Party pledges loyalty to the people of Scotland, in line with the Scottish constitutional tradition of the sovereignty of the people.
Lorna Slater (Lothian) (Green):
I believe the Scottish people to be sovereign.
Mark Ruskell (Mid Scotland and Fife) (Green):
In my heart, my allegiance is to the people of Scotland.
Katy Clark (West Scotland) (Lab):
Before making the affirmation, I state that the people of this country should be citizens, not subjects, and my first allegiance is to them.
Mercedes Villalba (North East Scotland) (Lab):
As a socialist and a republican, my true allegiance will always be to the people and not the Crown. However, in order to serve the people, I will make the affirmation.
Can an MSP abstain from taking the Oath or making a solemn affirmation?
No. As explained above, the Scotland Act 1998 requires MSPs to take the oath or make an affirmation within two months of their election. Failure to do so results in the individual ceasing to be an MSP. The Act does grant the Parliament the authority to extend this period, provided the decision is made before the end of the initial two months.
Sarah McKay, SPICe research