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).