72.—(1) This Article applies to any appointment by a Minister of the Crown or government department to an office or post where Article 6[F1 or 72ZA] does not apply in relation to the appointment.
(2) In making the appointment, and in making the arrangements for determining who should be offered the office or post, the Minister of the Crown or government department shall not do an act which would be unlawful under Article 6 if the Crown were the employer for the purposes of this Order.
F1SR 2003/341