{
  "url": "https://openlegislation.uk/northern-ireland-act-1998/section-77",
  "json_url": "https://openlegislation.uk/northern-ireland-act-1998/section-77.json",
  "legislation": "ukpga/1998/47",
  "legislation_title": "Northern Ireland Act 1998",
  "legislation_url": "https://openlegislation.uk/northern-ireland-act-1998",
  "path": "section/77",
  "kind": "section",
  "number": "77",
  "heading": "Unlawful oaths etc.",
  "text": "(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—\n(a) being appointed to the authority or body;\n(b) acting as a member of the authority or body; or\n(c) serving with or being employed by the authority or body.\n(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.\n(3) Subsection (1) shall not prevent a person being required to make a declaration—\n(a) of acceptance of office;\n(b) that he is qualified to act, serve or be employed in a capacity; or\n(c) that he is not disqualified from acting, serving or being employed in a capacity.\n(3A) Subsection (1) is subject to the requirement in section 40A for a member of the Assembly to give the undertaking set out there.\n(4) This section applies to—\n(a) the Assembly;\n(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).\n(5) Subsections (1) to (3) apply with the necessary modifications to a Minister and a Northern Ireland department.\n(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—\n(a) grant damages;\n(b) subject to subsection (7), grant an injunction restraining the defendant from committing, causing or permitting further contraventions of this section.\n(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—\n(a) contravened this section on the occasion complained of and on more than one previous occasion; and\n(b) is likely to contravene this section again unless restrained by an injunction.\n(8) In this section a reference to a declaration includes a reference to any kind of undertaking or affirmation, by whatever name.",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "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)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "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"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/1998/47/section/77",
    "retrieved_at": "2026-10-29T09:22:12.253813+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}