Section 77 Unlawful oaths etc.

United Kingdom

(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.

F1(3A)

Subsection (1) is subject to the requirement in section 40A for a member of the Assembly to give the undertaking set out there.

(4)

This section applies to—

(a)

the Assembly;

F2(b)

any authority (other than a Northern Ireland department, the board of governors of a grant-aided school, the Comptroller and Auditor General, a general health care provider or an independent provider of health and social care) listed in Schedule 3 to the Public Services Ombudsman Act (Northern Ireland) 2016 (listed authorities).

(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.

Annotations

Textual amendments

F1: S. 77(3A) inserted (4.5.2016) by Northern Ireland (Stormont Agreement and Implementation Plan) Act 2016 (c. 13), ss. 8(2), 11(2) (with Sch. 2)
F2: S. 77(4)(b) substituted for s. 77(4)(b)(c)(d)(e) (1.4.2016) by Public Services Ombudsman Act (Northern Ireland) 2016 (c. 4), s. 64, Sch. 8 para. 7