Part VII Human Rights and Equal Opportunities

Equality of opportunity

78 Removal of restrictions on investigation into maladministration.

1

The provisions mentioned in subsection (2) (which preclude an investigation when the person aggrieved has or had a remedy by way of proceedings in a court of law) shall not apply to an investigation of a complaint alleging maladministration involving—

a

discrimination, or aiding or inciting any person to discriminate, on the ground of religious belief or political opinion; or

b

a requirement in contravention of section 77 to take an oath or make a declaration (within the meaning of that section).

2

The provisions are—

a

section 5(2)(b) of the M1Parliamentary Commissioner Act 1967;

b

Article 9(3)(b) of the M2Commissioner for Complaints (Northern Ireland) Order 1996; and

c

Article 10(3)(b) of the Ombudsman (Northern Ireland) Order 1996.