Part VII Human Rights and Equal Opportunities
Equality of opportunity
77 Unlawful oaths etc.
1
Subject to subsections (2) and (3), an authority or body to which this section applies may not require a person to take an oath or make a declaration as a condition of—
a
being appointed to the authority or body;
b
acting as a member of the authority or body; or
c
serving with or being employed by the authority or body.
2
Subsection (1) shall not prevent a person being required to take an oath, or make a declaration, which is expressly required or authorised by the law in force immediately before this section comes into force.
3
Subsection (1) shall not prevent a person being required to make a declaration—
a
of acceptance of office;
b
that he is qualified to act, serve or be employed in a capacity; or
c
that he is not disqualified from acting, serving or being employed in a capacity.
4
This section applies to—
a
the Assembly;
b
the Northern Ireland Assembly Commission;
c
any body listed in Schedule 2 to the Commissioner for Complaints (Northern Ireland) Order 1996 (bodies subject to investigation);
d
any authority (other than a Northern Ireland department) listed in Schedule 2 to the M1Ombudsman (Northern Ireland) Order 1996 (departments and other authorities subject to investigation); and
e
the Probation Board for Northern Ireland.
5
Subsections (1) to (3) apply with the necessary modifications to a Minister and a Northern Ireland department.
6
An act which contravenes this section is actionable in Northern Ireland at the instance of any person adversely affected by it; and the court may—
a
grant damages;
b
subject to subsection (7), grant an injunction restraining the defendant from committing, causing or permitting further contraventions of this section.
7
Without prejudice to any other power to grant an injunction, a court may grant an injunction under subsection (6) only if satisfied that the defendant—
a
contravened this section on the occasion complained of and on more than one previous occasion; and
b
is likely to contravene this section again unless restrained by an injunction.
8
In this section a reference to a declaration includes a reference to any kind of undertaking or affirmation, by whatever name.