Section 51 Public offices: recommendations for appointments, etc.
England, Wales and Scotland
A person (A) who has the power to make a recommendation for or give approval to an appointment to a public office within section 50(2)(a) F1, (b) or (d), must not discriminate against a person (B)—
in the arrangements A makes for deciding who to recommend for appointment or to whose appointment to give approval;
by not recommending B for appointment to the office;
by making a negative recommendation of B for appointment to the office;
by not giving approval to the appointment of B to the office.
A person who has the power to make a recommendation for or give approval to an appointment to a public office within section 50(2)(a) , (b) or (d) must not, in relation to the office, harass a person seeking or being considered for the recommendation or approval.
A person (A) who has the power to make a recommendation for or give approval to an appointment to a public office within section 50(2)(a) , (b) or (d), must not victimise a person (B)—
in the arrangements A makes for deciding who to recommend for appointment or to whose appointment to give approval;
by not recommending B for appointment to the office;
by making a negative recommendation of B for appointment to the office;
by not giving approval to the appointment of B to the office.
A duty to make reasonable adjustments applies to a person who has the power to make a recommendation for or give approval to an appointment to a public office within section 50(2)(a) , (b) or (d).
A reference in this section to a person who has the power to make a recommendation for or give approval to an appointment to a public office within section 50(2)(a) F2or (d) is a reference only to a relevant body which has that power; and for that purpose “relevant body” means a body established—
by or in pursuance of an enactment, or
by a member of the executive.
Annotations
Textual amendments
- F1
Words in s. 51(1)-(4) substituted (1.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 13 para. 51(2); S.I. 2013/2200, art. 3(e) (with savings in S.I. 2013/2192, regs. 48, 49)
- F2
Words in s. 51(5) inserted (1.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 13 para. 51(3); S.I. 2013/2200, art. 3(e) (with savings in S.I. 2013/2192, regs. 48, 49)