(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.
Marginal Citations