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. 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; 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.