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| The Commission's principal functions. |
60. - (1) The functions exercisable by the bodies listed in subsection (2) shall instead be exercisable by the Equality Commission; and the bodies listed are hereby dissolved.
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(2) Those bodies are-
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(a) the Fair Employment Commission for Northern Ireland; |
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(b) the Equal Opportunities Commission for Northern Ireland; |
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(c) the Commission for Racial Equality for Northern Ireland. |
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(3) The functions exercisable by the Northern Ireland Disability Council shall instead be exercisable by the Equality Commission.
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(4) The Secretary of State may by order make such supplemental, incidental or consequential provision as appears to him to be appropriate as a result of subsections (1) to (3).
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(4) In particular, an order may include provision-
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(a) amending an enactment; |
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(b) for the transfer of rights and liabilities; |
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(c) for payments into the Consolidated Fund or to a specified person. |
| Statutory duty on public authorities. |
61. - (1) A public authority in Northern Ireland shall in carrying out its functions have due regard to the need to promote equality of opportunity-
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(a) between persons of different religious belief, political opinion, racial group, age, marital status or sexual orientation; |
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(b) between men and women generally; |
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(c) between persons with a disability and persons without; and |
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(d) between persons with dependants and persons without. |
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(2) A public authority in Northern Ireland shall in carrying out its functions have regard to the desirability of promoting good relations between persons of different religious belief, political opinion or racial group.
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(3) In this section "public authority" means-
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(a) the First Minister and the deputy First Minister; |
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(b) a Northern Ireland Minister; |
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(c) a Northern Ireland department; |
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(d) any body listed in Schedule 2 to the Commissioner for Complaints (Northern Ireland) Order 1996 (bodies subject to investigation); |
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(e) any other person designated for the purposes of this section by order made by the Secretary of State. |
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(4) Schedule 10 (which makes provision for the enforcement of the duties under this section) shall have effect.
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(5) In this section-
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"disability" has the same meaning as in the Disability Discrimination Act 1995; and |
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"racial group" has the same meaning as in the Race Relations (Northern Ireland) Order 1997. |
| Discrimination by public authorities. |
62. - (1) It shall be unlawful for a public authority discharging functions relating to Northern Ireland to discriminate, or to aid or incite another person to discriminate, against a person or class of person on the ground of religious belief or political opinion.
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(2) 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-
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(b) subject to subsection (3), grant an injunction restraining the defendant from committing, causing or permitting further contraventions of this section. |
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(3) Without prejudice to any other power to grant an injunction, a court may grant an injunction under subsection (2) only if satisfied that the defendant-
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(a) contravened this section on the occasion complained of and on more than one previous occasion; and |
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(b) is likely to contravene this section again unless restrained by an injunction. |
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(4) This section does not apply in relation to an act which is unlawful by virtue of an enactment other than a provision of this Act.
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(5) The following are public authorities for the purposes of this section-
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(a) a Minister of the Crown; |
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(b) the First Minister and the deputy First Minister; |
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(c) a Northern Ireland Minister; |
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(d) a Northern Ireland department; |
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(e) an authority or body listed in Schedule 2 to the Parliamentary Commissioner Act 1967 (bodies subject to investigation); |
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(f) any body or authority listed in Schedule 2 to the Commissioner for Complaints (Northern Ireland) Order 1996 (bodies subject to investigation) or in Schedule 2 to the Ombudsman (Northern Ireland) Order 1996 (authorities subject to investigation); |
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(g) the Police Authority for Northern Ireland, the Royal Ulster Constabulary and the Royal Ulster Constabulary Reserve; |
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(h) the Probation Board for Northern Ireland; and |
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| Unlawful oaths etc. |
63. - (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-
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(a) being appointed to the authority or body; |
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(b) acting as a member of the authority or body; or |
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(c) serving with or being employed by that authority or body. |
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(2) Subsection (1) shall not prevent a person being required to take an oath, or make a declaration, which is expressly required or authorised-
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(a) by the law in force immediately before this section comes into force; or |
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(b) by or under this Act or a subsequent Act of the Parliament of the United Kingdom or of the Assembly. |
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(3) Subsection (1) shall not prevent a person being required to make a declaration-
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(a) of acceptance of office; |
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(b) that he is qualified to act, serve or be employed in a capacity; or |
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(c) that he is not disqualified from acting, serving or being employed in a capacity. |
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(4) This section applies to-
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(b) The Northern Ireland Assembly Commission; |
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(c) any body listed in Schedule 2 to the Commissioner for Complaints (Northern Ireland) Order 1996 (bodies subject to investigation); |
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(d) any authority listed in Schedule 2 to the Ombudsman (Northern Ireland) Order 1996 (authorities subject to investigation); and |
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(e) the Probation Board for Northern Ireland. |
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(5) Subsections (1) to (3) apply with the necessary modifications to
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(a) the First Minister and the deputy First Minister; |
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(b) a Northern Ireland Minister; and |
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(c) a Northern Ireland department. |
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(6) An act which contravenes this section is actionable at the instance of any person adversely affected by it; and the court may-
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(b) subject to subsection (7), grant an injunction restraining the defendant from committing, causing or permitting further contraventions of this section. |
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(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-
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(a) contravened this section on the occasion complained of and on more than one previous occasion; and |
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(b) is likely to contravene this section again unless restrained by an injunction. |
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(8) In this section a reference to a declaration includes a reference to any kind of undertaking or affirmation, by whatever name.
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| Removal of restrictions on investigation into maladministration. |
64. - (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-
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(a) discrimination on the ground of religious belief or political opinion; or |
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(b) a requirement in contravention of section 63 to take an oath or make a declaration (within the meaning of that section). |
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(2) The provisions are-
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(a) section 5(2)(b) of the Parliamentary Commissioner Act 1967; |
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(b) Article 9(3)(b) of the Commissioner for Complaints (Northern Ireland) Order 1996; and |
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(c) Article 10(3)(b) of the Ombudsman (Northern Ireland) Order 1996. |
