I14Consideration of candidates

1

The appointing person must determine whether any particular candidate is best qualified for the appointment.

2

If no particular candidate is best qualified for the appointment, the appointing person must identify candidates it considers are equally qualified.

3

Subject to subsection (4), the appointing person must give preference to a candidate identified under subsection (2) who is a woman if appointing that candidate will result in the board achieving (or making progress towards achieving) the gender representation objective.

4

The appointing person—

a

must consider whether the appointment of a candidate identified under subsection (2) who is not a woman is justified on the basis of a characteristic or situation particular to that candidate, and

b

if so, may give preference to that candidate.

5

In subsection (4), “characteristic” includes a protected characteristic (within the meaning of section 4 of the Equality Act 2010).