Equality Act 2010

51Public offices: recommendations for appointments, etc.E+W+S
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(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) [F1, (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) [F1, (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) [F1, (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.

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Amendments (Textual)

F1Words 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)

F2Words 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)