Section 51 Public offices: recommendations for appointments, etc.

England, Wales and Scotland

(1)

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)—

(a)

in the arrangements A makes for deciding who to recommend for appointment or to whose appointment to give approval;

(b)

by not recommending B for appointment to the office;

(c)

by making a negative recommendation of B for appointment to the office;

(d)

by not giving approval to the appointment of B to the office.

(2)

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.

(3)

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)—

(a)

in the arrangements A makes for deciding who to recommend for appointment or to whose appointment to give approval;

(b)

by not recommending B for appointment to the office;

(c)

by making a negative recommendation of B for appointment to the office;

(d)

by not giving approval to the appointment of B to the office.

(4)

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).

(5)

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—

(a)

by or in pursuance of an enactment, or

(b)

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)

Notes on Part 5

Modifications

C1: Pt. 5 excluded by 2005 c. 4, s. 63(4) (as inserted (15.7.2013) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 13 para. 10(3); S.I. 2013/1725, art. 2(g))
C2: Pt. 5 excluded by 2005 c. 4, s. 27(5A)(b) (as inserted (15.7.2013) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 13 para. 9; S.I. 2013/1725, art. 2(g))
C3: Pt. 5 excluded (coming into force in accordance with reg. 2(1) of the commencing S.I.) by Wales Act 2017 (c. 4), s. 71(4), Sch. 5 para. 5(4) (with Sch. 7 paras. 1, 6); S.I. 2017/351, reg. 2(2) [Editorial note: S.I. 2017/1282 was made under 2017 c. 4, Sch. 5 para. 7(1) and comes into force on 12.12.2017]
C4: Pt. 5 restricted (S.) (29.5.2020) by Gender Representation on Public Boards (Scotland) Act 2018 (asp 4), ss. 11(2), 13; S.S.I. 2020/119, reg. 2
C5: Pt. 5 applied (1.8.2011) by the Equality Act 2010 (Work on Ships and Hovercraft) Regulations 2011 (S.I. 2011/1771), regs. 3-5